You are on page 1of 13

JSS Law College 1

What is Right to Information?

- It is Fundamental Right of every citizen.
How does the Information help?
- It may not help you directly to get what you want
e.g. gas or electricity connection; but it helps you
find to who is delaying /preventing
Eg,.(Delhi based NGO under RTI has obtained that public work
has cooked up a/c e.g. into contracts 29 hand pumps have
been installed on paper; but in reality only 14 pumps were
installed. Out of 253 grating on paper; only 30 installed.
Court has directed for investigation Now the whole
transaction is under investigation.
Right to Information 2005
JSS Law College 2
It comes into force on the 12th October, 2005

Some provisions have come into force with
immediate effect viz.

Designation of Public Information Officers
Constitution of Central information
Constitution of State Information Commission
Non-applicability of the Act to Intelligence and
Security Organizations

2. Who is covered?
The Act extends to the whole of India except the
State of Jammu and Kashmir. [S.(12)]
JSS Law College 3
Information means any material in any
form including records, documents,
memos, emails, opinions, advices, press
releases, circulars, orders, logbooks,
contracts, reports, papers, samples,
models, data material held in any
electronic form and information relating
to any private body which can be
accessed by a public authority under any
other law for the time being in force.
JSS Law College 4

What does a Public Authority" mean?

Any authority or body or institution of self
government established or constituted:
1. by or under the Constitution;
2. by any other law made by Parliament;
3. by any other law made by State Legislature;
4. by notification issued by appropriate
Right to Information Act - 2005
Right to Information 2005

What information is accessible Right to Information means:
Right to inspect records or works.
You can ask to inspect any work, document or record in person. For E.G.,
you can physically inspect the construction of a bridge or installation of a hand
pump, etc,.
Right to Certified Copies You can get certified copies or extracts of
documents or records and can even ask to take notes from documents and
records; (Section 2(j) (ii))
Right to Get Samples or Model.
You can ask for certified samples of materials or models. For e.g., you
can ask for a sample of the road being built in front of your house so that you
can check whether proper materials are being used in accordance with the
contract; (Section 2(j) (iii))
Right to Get information in Electronic Form.
You have the right to get information in the form of diskettes, floppies,
tapes, video cassettes or in any other electronic form or through printouts.

JSS Law College 5
JSS Law College 6

What are the obligations of Public Authority? 4(1) b
It shall publish within one hundred and twenty days of the enactment:-

I. the particulars of its organization,.
II.the powers and duties .
III.the procedure followed in its decision
making process.
iv.the norms set by it for the discharge of its
v.a statement of the categories of the
documents held .

Right to Information Act - 2005
JSS Law College 7
vi)A directory of its officers and employees; - the
monthly remuneration received by each of its officers
and employees, including the system of compensation
as provided.

vii) the budget allocated to each of its agency.
Expenditures and reports on disbursements
iv.manner of execution of subsidy programmes,
including the amounts allocated and the

viii)details of the information available to, or held by it.

ix)the particulars of facilities available to citizens for
obtaining information, including the working hours of a
library or reading room, if maintained for public use.
iv.the names, designations and other particulars of the
Public Information Officers
JSS Law College
Who are Public Information Officers (PIOs)?

- PIOs are officers designated by the public
authorities in all administrative units or
offices under it to provide information to the
citizens requesting for information under the
- What are the duties of a PIO?
PIO shall deal with requests from persons seeking
information and where the request cannot be
made in writing, to render reasonable
assistance to the person to reduce the same in
Right to Information Act - 2005
Right to Information Act - 2005
Information not accessible [S.8)]

(a) Disclosure would harm national security, scientific or
economic interests of India or relations with a foreign
State or lead to the incitement of an offence;
(b) Any court of law or tribunal has forbidden the
information from being published;
(c) Disclosure would cause a breach of privilege of
Parliament or the State Legislature;
(d) The information is confidential commercial
information, trade secrets or intellectual property or
giving it out would harm the competitive position of a
third party;
(e) The information is available through fiduciary
relationship with another person (such as a
doctor/patient or lawyer/ client relationship);

JSS Law College 9
f) The information has been given by a foreign government
in confidence;
g) Disclosure would endanger the life or physical safety of
a person;
h) Disclosure would impede the process of criminal
investigation or apprehension or prosecution of
i) Cabinet papers including records of deliberations of the
Council of Ministers, Secretaries and other officers,
although information should be released after a
decision is made;
j) The information requested is personal information, the
giving out of which has nothing to do with any public
activity, or which would cause an unwarranted
invasion of the privacy of the individual;
k) Disclosure would infringe the copyright of a body other
than the State
JSS Law College 10
Right to Information Act- 2005
How to request information?
1. Identify the public authority which holds the
2. Identify who to submit your application to within
the public authority.
3. Draft a clearly focused application
4. Submit your application
After completing the application, you need to send it to:
The PIO in the public authority which has the information
you want; or
The APIO located at the sub-district or sub-divisional level
near you, who is then under a duty to forward your
application to the relevant PIO.

JSS Law College 11
JSS Law College 12
What is the fee?

1. Application fees to be prescribed which must be
2. If further fees are required, then the same must
be intimated in writing with calculation details of
how the figure was arrived at;
3. Applicant can seek review of the decision on
fees charged by the PIO by applying to the
appropriate Appellate Authority;
4. No fees will be charged from people living BPL
5. Applicant must be provided information free of
cost if the PIO fails to comply with the
prescribed time limit.

What could be the ground for rejection?
1. If it is covered by exemption from disclosure.
2. If it infringes copyright of any person other than

Right to Information Act 2005

No. Particulars
Information to be provided by the
information seeker
Nationality / citizenship
3 Permanent address
Phone :
Email ID:
4 Address for correspondence
Phone :
Email ID:
5 Details of information required
(If necessary a separate sheet may be
6 Details of application fee paid
Demand Daft No. & date
Drawn in favour of
JSS Law College 13