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Module 8. The Right to Information (RTI) Act

Introduction
The Right to Information (RTI) Act is a crucial piece of legislation created to give citizens the
freedom to access information held by public authorities and governmental entities. The RTI
Act, which was passed to increase transparency and accountability, is a cornerstone of
contemporary democratic governance because it gives people the right to inquire about and
access crucial information regarding decisions, policies, and actions taken by the
government. The RTI Act strengthens the principles of good governance and upholds
fundamental rights by promoting open and informed interactions between citizens and their
governing institutions. This results in a society that is more accountable and participative.

History of RTI act in India

The history of the Right to Information (RTI) Act in India is marked by a series of significant
developments that culminated in the passage of the landmark legislation in 2005.:

From the pre-independence advocacy of figures like Gandhi to the post-independence

constitutional underpinning of free expression, the genesis of India’s RTI Act spans a rich
historical period. The RTI Act was passed in 2005 as a result of the crucial 1975 judicial
acknowledgment of the right to know, the 1990s MKSS Campaign, and later initiatives by
campaigners like Aruna Roy. In order to strengthen public empowerment, combat
corruption, and promote more open and accountable government, this Act included crucial
elements like Commissions, disclosure requirements, and citizen request rights. Since it was
put into effect in 2005, the Act has continued to take on new forms as a result of discussions
and ongoing developments.

What is RTI Act 2005?

The Right to Information, or RTI Act 2005, is a fundamental right enshrined in article 19(1)
of Part 3 of the Indian Constitution. In the Raj Narayan vs Uttar Pradesh State case,
the Supreme Court ruled that the right to information is a fundamental right, and it is the
citizen’s right to know about the workings of the government.

The Right to Information Act was passed on June 15, 2005, and implemented on October 12,
2005. It is a legal right. The credit for this act goes to Aruna Roy. The RTI Act 2005 replaces
the Freedom of Information Act 2002. It also has a constitutional provision under article
19(1)a (which is the right to freedom of speech and expression) of the fundamental rights of
the constitution. Sweden was the first country to implement the RTI Act.
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Objectives of the Right to Information Act, 2005

The Right to Information (RTI) Act is required because of a number of significant elements
that highlight how vital transparency, accountability, and citizen participation are in a
democratic society:

* Transparency in Governance: The RTI Act addresses the requirement for an open,
transparent government that makes its choices, acts, and policies known to the general
public. Between citizens and government institutions, this transparency contributes to the
development of credibility and trust.

* Citizen empowerment: People have a right to know how their government works and
what factors influence its decisions. By giving people access to information, the RTI Act gives
people the power to make informed decisions and actively engage in the democratic
process.

* Preventing Corruption and Mismanagement: The RTI Act’s transparency serves as a

disincentive to unscrupulous behavior and the abuse of authority by government agencies.
By enabling citizens to examine activities and expenses, it lowers the possibility of
corruption and encourages efficient administration of public resources.

* Accountability and accountability: The RTI Act ensures that public officials and institutions
stay accountable for their actions and choices by allowing citizens to request information
and explanations from public authorities. This encourages a culture of accountability and
ethical conduct.

* Effective Policy Formulation: Information access aids citizens in understanding the

justification for government actions and choices. In turn, this makes it possible for public
conversations and debates to be more fruitful, which helps policymakers make better
decisions.

* Protecting Fundamental Rights: The freedom of speech and expression is dependent on

the right to knowledge, which enables people to exercise their fundamental liberties by
learning about the laws and policies that impact them.

* Encouraging Good Governance: The RTI Act is an essential tool for supporting a well-
functioning and equitable society by encouraging good governance values including
transparency, accountability, responsiveness, and inclusivity.

* Preventing Arbitrary Decisions: Because of the RTI Act, public authorities must now give
good grounds for their judgments. This prevents arbitrary behaviors and encourages just
and equitable decision-making.

* Strengthening Democracy: For a democracy to thrive, its citizens must be informed. By

ensuring that citizens have the capacity to access information and hold their government
responsible, the RTI Act helps to maintain the health of democratic institutions.
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Salient Features of RTI Act 2005
The RTI Act 2005 has a total of 31 sections, 6 chapters, and two schedules. Some salient
features of the Right to Information Act are as follows:

• Under its provision, any citizen of India may request information from a public
authority. The required information needs to be replied to within 30 days.
• The request for information on any issue from the public authority is required to be
submitted to the Public Information officer at the centre or in the State.
• The RTI Act encourages every government body to make their offices transparent by
computerizing their records for the wide dissemination of the information to the
public.
• Jammu and Kashmir will not come under the RTI Act 2005. However, it has a separate
2009 Act.
• The restrictions imposed by the Official Secrets Act 1923 were relaxed by this act.
• The Act has established a three-tier structure for enforcing the right to information
guaranteed under the Act. The three Levels are – Public Information Officer, First
Appellate Authority, and Central Information Commission (CIC).
• In case of non-receipt of information within 30 days, the individual requiring
information may file an appeal. The Appellate Authority must reply within 30 days or
in 45 days in exceptional cases.
• The individual may file 2nd appeal within 90 days in case of non-supply of
information.
• The public authorities applicable under the RTI act are all Constitutional bodies at
centre and state (Legislature, Executive, Judiciary), bodies/NGOs owned/financed by
the government, and privatized public utility companies.
• The public authorities excluded under RTI are agencies of the state specified through
notification, Central Intelligence and Security Agencies.
• The Central Information Commission shall consist of one Chief Information
Commissioner and up to 10 Central Information Commissioners.
• The Chief Information Commissioner will have a term of five years from the date of
entering his office. She/ He shall not be entitled to reappointment to that post.
• Section 8 deals with public authorities which have been granted an exemption under
this act.
• Several notable characteristics of India’s Right to Information (RTI) Act contribute to
the promotion of transparency, accountability, and citizen participation in
governance. The RTI Act’s major characteristics are as follows:

• * Right to Access Information: The RTI Act gives Indian residents the ability to seek
for and get a variety of government-related information from public agencies.

• * Application to Public Authorities: The Act is applicable to all central and state
government departments, agencies, and ministries as well as organizations that
receive significant government funding.
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• * Information Request Method: Citizens have three options for submitting
information requests: verbally, electronically, or in writing. Public authorities must
respond in a predetermined amount of time, typically 30 days.

• * Proactive Disclosure: In order to avoid the necessity for formal requests from
individuals, public bodies are required to proactively disclose certain kinds of
information to the public.

• * Information Commissions: Each state and union territory have an information

commission specifically tasked with monitoring the RTI Act’s implementation,
including hearing appeals, handling complaints, and enforcing sanctions for non-
compliance.

• * Grounds for Denial: The Act encourages openness but also specifies circumstances
in which information may be withheld, including national security, business
confidentiality, and individual privacy.

• * Public Interest Override: Even though material is exempt, it must be released if the
benefit to the public outweighs the harm that would result from keeping it a secret.

• * Fees and Costs: Public agencies may charge a small cost for supplying information;
the amount depends on the nature of the request and the format of the information,
among other things.

• * Electronic Format: Requesting and providing information in electronic form makes

it much easier to obtain and disseminate.

• * No Need to Specify Reason: Citizens are not need to state their purpose for
requesting information, preventing pointless barriers from standing in the way of
information access.

• * Whistleblower Protection: By protecting individuals from victimization, the Act

offers protection to those who disclose corruption or wrongdoing.

• * Appeals Process: Individuals have the option of appealing to the Information

Commission’s higher levels if their request for information is turned down or not
handled properly.

• * Support for open government: The RTI Act upholds open government values by
allowing citizens to examine government activities, decisions, and policies.

• * Building awareness and capacity: Public bodies are urged to run campaigns to
inform people about the Act and their rights. Public information officers who
purposefully conceal information or give misleading information may be subject to
penalties for non-compliance.
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Criticism of RTI Act
• One of the act’s biggest drawbacks is that the bureaucracy’s shoddy record-keeping
causes files to go missing. The information commissioners are not adequately
staffed.

• The Whistle Blower’s Act and other supplemental measures are weakening the
impact of the RTI statute.

• RTI requests are increasing as a result of the government’s failure to actively

disseminate information in the public domain as required by the act.

• There have been reports of pointless RTI requests, and the information gathered has
also been used to threaten government officials.

Case laws
* Central
Board of Secondary Education (CBSE) vs. Aditya
Bandopadhyay (2011):
Facts: A resident of Kolkata named Aditya Bandopadhyay requested information from the
CBSE under the RTI Act regarding the evaluated answer sheets of the All-India Engineering
Entrance Examination (AIEEE) that his kid had taken.

Issues: The main concern was whether evaluated answer sheets qualified as “information”
for purposes of the RTI Act and if examinees had a right to see their answer sheets.

Judgement: Aditya Bandopadhyay won the case before the Supreme Court, which declared
that the RTI Act’s term of “information” includes assessed answer sheets. As it encourages
openness, accountability, and fairness in evaluation procedures, the court highlighted that
the right to information includes the right to view evaluated answer sheets.

* Union of India vs. Namit Sharma (2013):

Facts: Namit Sharma requested information about correspondences between the Prime
Minister’s Office (PMO) and the Central Bureau of Investigation (CBI) regarding a particular
case in an RTI request to the PMO.

Issues: The main concern was whether the RTI Act allowed for the disclosure of public
employees’ personal information, including their assets, debts, and income tax returns.

Judgement: The Supreme Court ruled that the RTI Act allows for the disclosure of a public
employee’s personal information, including their assets and liabilities, as long as it furthers
the public interest in transparency and accountability. The court stressed the need to strike
a balance between the public’s right to access information about how public institutions are
run and the right of public employees to privacy.
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* S R Hiremath vs. RBI (2016):
Facts: S R Hiremath requested inspection reports for specific banks from the Reserve Bank
of India (RBI) in an RTI application.

Issues: The main concern was whether or not RBI was exempt from publishing information
on bank inspection reports under the RTI Act.

Judgement: The RBI is not immune from providing bank inspection reports under the RTI
Act, the Delhi High Court ruled in its judgment. According to the court, sharing this
information promotes transparency in the financial industry and the general public’s
interest. The court’s judgment reaffirmed how crucial the RTI Act is to encouraging
transparency and well-informed choices in issues of public concern.

Conclusion
As a crucial component of democratic governance, India’s Right to Information (RTI) Act
promotes a dynamic engagement between the people and the government. The Act
encourages transparency, strengthens accountability, and gives people the chance to take
part actively in the democratic process by establishing a legal framework for gaining access
to government information. The important clauses in it, including proactive disclosure,
exclusions that are balanced against the public interest, and a strong appeals process,
highlight the dedication to promoting an open and accountable government. The RTI Act
continues to shine as a beacon of public empowerment and a catalyst for good change in
governance practices as India’s democracy develops.

Central Information Commission and State Information

Commission: Chapters III and IV
Information Commissions constituted under the RTI Act are the supreme authority and the
highest decision-making body under the Act. Information Commissions have been
constituted at both the central and state level, known as Central Information
Commission(CIC) and State Information Commission(SIC) respectively.

Sections 12-14 of the Act contain the provisions regarding the constitution, membership,
etc. of the Central Information Commission, whereas, Sections 15-17 deal with the
provisions relating to the State Information Commission.
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CENTRAL INFORMATION STATE INFORMATION
COMMISSION (CIC) COMMISSION (SIC)

SECTION 12 SECTION 15
Constituted by: Central Constituted by: State Government.
Government. Membership: SIC consists of the
Membership: CIC consists of the following members:-State Chief
following members:-Chief Information CommissionerState
Information CommissionerCentral Information Commissioners
Information (Maximum no. of State Information
Commissioners(Maximum no. of Commissioners is 10.)
Central Information Commissioners Who appoints the members of the
is 10.) Commission: Governor on the
Who shall appoint the members of recommendation of a Committee
Commission: President on the consisting of the following
recommendation of a Committee members:Chief
consisting of:Prime Minister(Chairperson of the
Minister(Chairperson of the Committee)Leader of Opposition in
Committee)Leader of Opposition in Legislative Assembly; andA Cabinet
Lok Sabha; andA Union Cabinet Minister nominated by the Chief
Minister nominated by the Prime Minister.
Minister. Role and responsibilities of the
Constitution Role and responsibilities of the State Chief Information
Chief Information Commissioner:Power of general
Commissioner:Power of general superintendence and direction and
superintendence and direction and management of the affairs of
management of the affairs of CIC. SIC.The State Chief Information
The Chief Information Commissioner shall be assisted by
Commissioner shall be assisted by the Information Commissioners.He
the Information Commissioners.He has the authority to exercise all the
has the authority to exercise all the powers and do all acts which may
powers and do all acts which may be exercised or done by the SIC.
be exercised or done by the CIC. Qualification of members: The
Qualification of members: The State Chief Information
Chief Information Commissioner Commissioner and Information
and Information Commissioner Commissioner shall be persons of
shall be persons of eminence in eminence in public life with wide
public life with wide knowledge and knowledge and experience in law,
experience in law, science, science, technology, social service,
technology, social service, management, journalism, mass
management, journalism, mass media, or administration and
media, or administration and governance.
governance. Prohibition on membership: The
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Prohibition on membership: The State Chief Information
Chief Information Commissioner Commissioner and the Information
and the Information Commissioners Commissioners shall not: be an MP
shall not: be an MP or MLA, orhold or MLA, orhold any other office of
any other office of profit or profit or connected with any
connected with any political party political party or engage in any
or engage in any business or business or profession.
profession. Headquarters: The headquarters of
Headquarters: The headquarters of SIC shall be at such place in the
CIC shall be in Delhi. However, the State as specified by the State
CIC may establish offices at other Government by way of notification
places in India after taking approval in the Official Gazette. However, the
from the Central Government. SIC may establish its office at
another place in the State with the
previous approval of the State
Government.

SECTION 13 SECTION 16
Term of office of Chief Information Term of office of State Chief
Commissioner: As prescribed by Information Commissioner: As
the Central Government. Whether prescribed by the Central
the Chief Information Government.
Commissioner is eligible for Whether the State Chief
reappointment: No Chief Information Commissioner is
Information Commissioner shall not eligible for reappointment: No. No
hold office after attaining the age of State Chief Information
65 years. Term of office of Commissioner shall hold office after
Information Commissioners: As he has attained the age of 65 years.
Term of
prescribed by the Central Term of office of State Information
Office and
Government or till he attains the Commissioners: As prescribed by
conditions
age of 65 years, whichever is earlier. Central Government or till he
of service
Whether the Information attains the age of 65 years,
Commissioner can be reappointed whichever is earlier.
as an Information Whether a State Information
Commissioner: No. However, an Commissioner can be reappointed
Information Commissioner may be as a State Information
appointed as the Chief Information Commissioner: No. However, he is
Commissioner, after vacation from eligible for being appointed as the
his office. State Chief Information
Tenure of the Information Commissioner, after vacation from
Commissioner appointed as the his office.
Chief Information Tenure of the Information
Commissioner: Maximum 5 years in Commissioner appointed as the
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aggregate as the Information State Chief Information
Commissioner and the Chief Commissioner: Maximum 5 years in
Information Commissioner. aggregate as the State Information
Resignation of members of Commissioner and the State Chief
Commission: The Chief Information Information Commissioner.
Commissioner and the Information Resignation of members of
Commissioner(s) may resign from Commission: The State Chief
the office by writing under his hand Information Commissioner and the
addressed to the President. Section State Information Commissioner(s)
13(6) provides for assistance to the may resign from the office by
Chief Information Officer and the writing under his hand addressed to
Information Officers by way of the Governor. Section 16(6)
officials required by them for the provides for assistance to the State
efficient performance of functions Chief Information Officer and the
entrusted to them under the Act. State Information Officers by way of
officials required by them for the
efficient performance of functions
entrusted to them under the Act.

SECTION 14 SECTION 17
The power to order the removal The power to order the removal
from office of the Chief Information from office of the State Chief
Commissioner or any Information Information Commissioner or any
Commissioner vests with the State Information Commissioner
President under Section 14(1). vests with the Governor under
Grounds for removal under Section Section 17(1).
14(1): Proved misbehaviour or Grounds for removal under Section
incapacity. 17(1): Proved misbehaviour or
Manner/process of removal: The incapacity.
Removal of President sends a reference to the Manner/process of removal: The
members of Supreme Court for inquiry into the Governor sends a reference to the
Commission alleged misconduct. If after such Supreme Court for inquiry into the
inquiry, the Supreme Court comes alleged misconduct. If after such
to the conclusion that the charges inquiry, the Supreme Court comes
of misbehaviour are proved and to the conclusion that the charges
recommends the removal of such a of misbehaviour are proved and
member in its report, the President recommends the removal of such a
shall remove such member. Interim member in its report, the Governor
suspension: The President has the shall remove such member. Interim
power to: suspend such member in suspension: The Governor has the
respect of whom reference is made power: to suspend such member in
to Supreme Courtprohibit such respect of whom reference is made
aforesaid member from attending to Supreme Court to prohibit such
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the office during enquiry, until the aforesaid member from attending
President has passed orders on the office during enquiry, until the
receipt of the report of the Governor has passed orders on
Supreme Court on such reference. receipt of the report of the
Disqualifications: Notwithstanding Supreme Court on such reference.
anything contained in sub-section Disqualifications: Notwithstanding
(1), the President of India has the anything contained in sub-section
power to remove the Chief (1), the Governor has the power to
Information Commissioner or the remove the State Chief Information
Information Commissioner if he is Commissioner or the Information
guilty of any of the following acts: Commissioner if he is guilty of any
Declaration of of the following acts: Declaration of
insolvency Conviction for an offence insolvency Conviction for an offence
involving moral involving moral
turpitudeEngagement in paid turpitudeEngagement in paid
employment outside official employment outside official
dutiesInfirmity of mind or dutiesInfirmity of mind or
bodyAcquisition of such financial or bodyAcquisition of such financial or
other interest which might affect other interest which might affect
prejudicely his functions as such prejudicely his functions as such
member member

Powers and functions of the Information Commissions,

appeal and penalties: Chapter V

Powers and functions of Commission: Section 18

Section 18(1) provides for the duty of the CIC/SIC to receive and inquire into a complaint
from any person on the following grounds:

1. Where a person has been unable to submit a request to the CPIO/SPIO:

• Owing to the non-appointment of CPIO/SPIO, or

• Due to the refusal of the Central Assistant PIO or the State Assistant PIO to accept
his or her application for information or appeal under the Act for forwarding the
same to the CPIO/SPIO, as the case may be.

2. Refusal of access to any information requested under the Act.

3. Violation of time limit for providing information under the Act.
4. Where the fee required to be paid is considered unreasonable.
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5. Providing incomplete, false, or misleading information.
6. With regard to other matters relating to obtaining access to records under the
Act.

Power to inquire [Section 18(2)]

Section 18(2) provides for the power of the Commission to initiate an inquiry. The
Commission is not bound to inquire into every complaint received by it. The CIC/SIC may
initiate an inquiry if it is satisfied that there are reasonable grounds for the same.

Powers of the Civil Court to vest in the Commission [Section 18(3)]

Section 18(3) states that while inquiring into any matter under Section 18, the CIC/SIC shall
have the same powers as are vested in a civil court while trying a suit under the Code of Civil
Procedure, 1908. Those powers are:

1. Power to summon and enforce the attendance of persons and compel them to
give evidence on oath and to produce the documents or things;
2. Power of discovery and inspection;
3. Power to receive evidence on affidavit;
4. Power of requisition of public record etc.;
5. Power to issue summons for examination of witnesses or documents; and
6. Any other matter which may be prescribed.

Power to summon record [Section 18(4)]

The CIC/SIC has the power to summon and examine any record to which this Act applies and
which is under the control of any public authority. Also, such records cannot be withheld
from the Commission on any grounds.

Appeal: Section 19

First Appeal under Section 19(1)

• Grounds of filing the appeal:

1. The applicant has not received the decision on his application within the time
specified under Section 7(1) or 7(3)(a) of the Act, or
2. The applicant is aggrieved by the decision of the CPIO/SPIO.
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• Period for filing of an appeal and condonation the delay:
The appeal has to be filed within 30 days from the expiry of the response period or the
receipt of the decision of CPIO/SPIO. An appeal may be admitted after the expiry of 30 days
if the First Appellate Authority is satisfied that the appellant was prevented by a sufficient
cause from filing the appeal in time.

• To whom appeal filed:

The appeal is to be filed to such officer who is senior in rank to the CPIO/SPIO in each public
authority (First Appellate Authority).

Appeal by a third party [Section 19(2)]

This sub-section deals with the filing of appeals by the third party who has suffered an
adverse order under Section 11. A third party aggrieved by the decision of the CPIO/SPIO to
disclose third party information under Section 11 may prefer an appeal within 30 days from
the date of the order to the first appellate authority.

Second appeal [Section 19(3)]

• Appeal to Commission against the decision of the first appellate authority: A

Second appeal shall lie to the CIC/SIC against the decision of the first appellate
authority made under Section 19(1).
• Period for filing an appeal: The Second appeal has to be filed within 90 days from
the date on which the decision should have been made or was received. An
appeal may be admitted after the expiry of 30 days if the CIC/SIC is satisfied that
the appellant was prevented by a sufficient cause from filing the appeal in time.

Opportunity of hearing to a third party[Section 19(4)]

Where the order against which the appeal has been filed pertains to information of a third
party, the concerned Commission shall give a reasonable opportunity of being heard to that
third party.

Onus to justify denial on the PIO

Section 19(5), provides that burden to prove that a denial of a request was justified shall be
on the CPIO/SPIO who denied the request.

Time limit for disposing of the appeal [Section 19(6)]

The appeal under Section 19(1) or 19(2) has to be disposed of within 30 days of the receipt
of the appeal. However, in exceptional circumstances, an extended period of a total of 45
days from the date of filing may be provided for reasons to be recorded in writing.
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Supremacy of the Commission

Section 19(7) states that the decision of the CIC/SIC shall be binding.

Orders to be passed by the Commission

Section 19(8) provides for the power of the CIC/SIC to give the following orders in its
decision:

1. Requiring the public authority to take steps for complying with the provisions of
the Act, including:-

• Providing access to information, if so requested, in a particular form

• Appointing PIOs
• Publishing certain information or categories of information
• To make required changes to its practices regarding maintenance, management,
and destruction of records
• Enhancing the provision of training on the right to information for its officials
• To submit an annual report to the Commission in compliance with Section 4(1)(b)

2. Require the public authority to award compensation to the complainant for any
loss suffered by him
3. Impose any of the penalties provided under the Act
4. Reject the application

Notice [Section 19(9)]

The CIC/SIC shall give notice of its decision, including any right of appeal, to the complainant
and the public authority.

Penalties: Section 20

While deciding a complaint or an appeal under the Act, the CIC/SIC has the power to impose
penalties on the CPIO/SPIO for the deliberate violation of the provisions of the Act. Before
any decision regarding imposition of penalty is taken, the concerned CPIO/SPIO shall be
given a reasonable opportunity of being heard. The burden to prove that he acted in a
reasonable and diligent manner lies on the concerned CPIO/SPIO only.