The Right to Information Act, 2005: A Comprehensive and Detailed Summary

The Right to Information (RTI) Act, 2005, is a transformative piece of legislation in India designed to empower citizens, promote transparency, enhance accountability, and combat corruption by granting access to information held by public authorities. It represents a significant shift from a culture of secrecy to one of openness in governance.

Core Principles and Objectives:

• Citizen Empowerment: The Act recognizes that informed citizens are better equipped to participate in the democratic process and hold their governments accountable.
• Transparency and Accountability: Its core objective is to ensure transparency in the functioning of public authorities, making them answerable for their actions and decisions.
• Combating Corruption: By providing access to information, the Act aims to expose corrupt practices and reduce opportunities for malfeasance.
• Promoting Good Governance: The Act fosters a culture of good governance by requiring public authorities to be proactive in disseminating information and responsive to citizens' requests.

Key Provisions (Expanded):

• Definition of "Information": The Act defines "information" broadly, encompassing any material in any form, including records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form, and information relating to private bodies accessible by a public authority under any other law.

• The Right to Information: Grants citizens the right to access information held by or under the control of public authorities. This right includes:

  • Inspecting works, documents, and records.
  • Taking notes, extracts, or certified copies of documents or records.
  • Taking certified samples of materials.
  • Obtaining information in diskettes, floppies, tapes, video cassettes, or in any other electronic mode or through printouts.

• Obligations of Public Authorities (Detailed):

  • Maintenance of Records: Requires public authorities to maintain all records properly catalogued and indexed in a manner and form that facilitates the right to information.
  • Proactive Disclosure (Section 4): Mandates public authorities to proactively publish a wide range of information, including:
    • Particulars of the organization, functions, and duties.
    • Powers and duties of officers and employees.
    • Procedure followed in decision-making processes.
    • Norms set for the discharge of functions.
    • Rules, regulations, instructions, manuals, and records used by employees.
    • Statement of categories of documents held.
    • Particulars of arrangements for consultation with the public.
    • Statement of boards, councils, committees, and their accessibility to the public.
    • Directory of officers and employees.
    • Monthly remuneration of officers and employees.
    • Budget allocated to each agency.
    • Manner of execution of subsidy programs.
    • Particulars of recipients of concessions, permits, or authorizations.
    • Details of information available in electronic form.
    • Particulars of facilities available to citizens for obtaining information.
    • Names, designations, and contact information of PIOs.
  • Reasons for Decisions: Public authorities must provide reasons for their administrative or quasi-judicial decisions to affected persons.

• Public Information Officers (PIOs):

  • Every public authority is required to designate PIOs to receive requests for information and provide assistance to applicants.
  • Central and State Assistant Public Information Officers must be designated at the sub-divisional level to receive applications and appeals.
  • PIOs are responsible for dealing with requests from persons seeking information and rendering reasonable assistance to those seeking information.

• Requesting Information (Detailed):

  • A person who desires to obtain information must make a request in writing or through electronic means, in English, Hindi, or the official language of the area.
  • The request must be accompanied by the prescribed fee.
  • Applicants are not required to give any reason for requesting the information or provide personal details beyond what is necessary for contact.
  • If the information is held by another public authority or the subject matter is more closely connected with the functions of another public authority, the PIO must transfer the application to the appropriate authority within five days and inform the applicant.

• Disposal of Requests (Detailed):

  • The PIO, upon receiving a request, must either provide the information on payment of the prescribed fee or reject the request for any of the reasons specified in Sections 8 and 9 of the Act.
  • Information concerning the life or liberty of a person must be provided within 48 hours of the receipt of the request.
  • If the PIO fails to give a decision on the request within the specified time, the request is deemed to have been refused.
  • If further fees are required, the PIO must intimate the applicant, providing details of the fees and calculations. The period between the intimation and payment of fees is excluded from the 30-day time limit.
  • If the applicant is sensory disabled, the PIO must provide assistance to enable access to the information.
  • If the public authority fails to comply with the time limits, the information is provided free of charge.
  • The PIO must provide reasons for rejecting a request, the period within which an appeal can be preferred, and the particulars of the appellate authority.

• Exemptions from Disclosure (Section 8, Detailed): This section outlines specific categories of information that are exempt from disclosure:

  • Information that would prejudicially affect the sovereignty and integrity of India, security, strategic, scientific, or economic interests of the State, relation with foreign State, or lead to incitement of an offense.
  • Information expressly forbidden to be published by any court or tribunal or that would constitute contempt of court.
  • Information that would cause a breach of privilege of Parliament or the State Legislature.
  • Information including commercial confidence, trade secrets, or intellectual property, the disclosure of which would harm the competitive position of a third party, unless larger public interest warrants disclosure.
  • Information available to a person in his fiduciary relationship, unless larger public interest warrants disclosure.
  • Information received in confidence from a foreign government.
  • Information endangering the life or physical safety of any person or identifying the source of information given in confidence for law enforcement.
  • Information impeding the process of investigation or apprehension of offenders.
  • Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers (decisions and materials are made public after the decision is taken).
  • Personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of privacy (unless larger public interest justifies disclosure).

• Severability: Allows access to that part of a record that does not contain exempt information, even if other parts are exempt.

• Third-Party Information: Outlines procedures for disclosing information relating to or supplied by a third party, including giving notice to the third party and allowing them to make representations.

• Central and State Information Commissions (Expanded):

  • Central Information Commission (CIC) and State Information Commissions (SICs) are constituted to exercise the powers and perform the functions assigned to them under the Act.
  • The CIC is headed by the Chief Information Commissioner and can have up to ten Information Commissioners. They are appointed by the President on the recommendation of a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister.
  • The SIC is headed by the State Chief Information Commissioner and can have up to ten State Information Commissioners. They are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister, the Leader of the Opposition in the Legislative Assembly, and a Cabinet Minister.
  • The Act specifies qualifications and conditions of service for the Commissioners.

• Powers and Functions of the Information Commissions (Detailed):

  • Receive and inquire into complaints from any person who has been unable to submit a request, has been refused access, has not been given a response, has been required to pay an unreasonable fee, believes they have been given incomplete or misleading information, or in respect of any other matter relating to requesting or obtaining access to records.
  • Initiate an inquiry if there are reasonable grounds to do so.
  • Have the same powers as a civil court in trying a suit, including summoning and enforcing attendance, requiring discovery and inspection of documents, receiving evidence on affidavit, and requisitioning public records.
  • Examine any record under the control of a public authority (notwithstanding any other Act).

• Appeal Process (Detailed):

  • Any person who does not receive a decision or is aggrieved by a decision of the PIO may file an appeal to a senior officer within 30 days.
  • A second appeal can be filed with the Central or State Information Commission within 90 days.
  • The Commission must give a reasonable opportunity of being heard to third parties involved in the appeal.
  • The onus of proving that a denial of a request was justified lies with the PIO.

• Penalties (Expanded):

  • The Information Commission can impose a penalty of ₹250 per day (up to a maximum of ₹25,000) on a PIO who, without reasonable cause, refuses to receive an application, fails to furnish information within the specified time, malafidely denies information, knowingly gives incorrect or misleading information, destroys information, or obstructs the furnishing of information.
  • The Information Commission can also recommend disciplinary action against a PIO for persistent failures.

• Act to Have Overriding Effect: The provisions of the RTI Act have an overriding effect, meaning they prevail over inconsistent provisions in other laws.

• Bar of Jurisdiction of Courts: No court can entertain any suit or application regarding any order made under the RTI Act.

• Organizations Exempted: Certain intelligence and security organizations are exempt from the provisions of the Act (listed in the Second Schedule), but this exemption does not apply to information pertaining to allegations of corruption and human rights violations. The government can amend this schedule.

• Monitoring and Reporting: The Central and State Information Commissions must prepare annual reports on the implementation of the Act and forward them to the appropriate government. These reports must include data on requests, denials, appeals, disciplinary actions, and efforts to implement the spirit of the Act.

• Appropriate Government to Prepare Programs: The appropriate government can develop and organize educational programs to advance understanding of the public, train PIOs, and compile and publish guides containing information about the Act.

• Power to Make Rules: The appropriate government has the power to make rules to carry out the provisions of the Act.

Amendment Implications (Reiterated):

• 2019 Amendment Bill (Term of Office and Salaries):

  • This amendment gives more control to the Central Government in determining the terms of office and conditions of service of the Information Commissioners.
  • Critics argue that it undermines the independence and autonomy of the Information Commissions and potentially weakens the effectiveness of the RTI Act.

• 2013 Amendment Bill (Political Parties):

  • This amendment aims to shield political parties from the transparency requirements of the RTI Act.
  • Critics argue that it weakens the RTI Act and prevents citizens from accessing information about the functioning and finances of political parties, which are integral to the democratic process.

Definitions

2. Definitions.- In this Act, unless the context otherwise requires:

(a) "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled, or substantially financed by funds provided directly or indirectly:

• (i) by the Central Government or the Union territory administration, the Central Government;

• (ii) by the State Government, the State Government;

(b) "Central Information Commission" means the Central Information Commission constituted under sub-section (1) of section 12;

(c) "Central Public Information Officer" means the Central Public Information Officer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) of section 5;

(d) "Chief Information Commissioner" and "Information Commissioner" mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of section 12;

(e) "competent authority" means:

• (i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State;

• (ii) the Chief Justice of India in the case of the Supreme Court;

• (iii) the Chief Justice of the High Court in the case of a High Court;

• (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution;

• (v) the administrator appointed under Article 239 of the Constitution;

(f) "information" means any material in any form, including records, documents, memos, e-mails, 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;

(g) "prescribed" means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be;

(h) "public authority" means any authority or body or institution of self-government established or constituted:

• (a) by or under the Constitution;

• (b) by any other law made by Parliament;

• (c) by any other law made by State Legislature;

• (d) by notification issued or order made by the appropriate Government; and includes any:

  • (i) body owned, controlled, or substantially financed;

  • (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;

(i) "record" includes:

• (a) any document, manuscript, and file;

• (b) any microfilm, microfiche, and facsimile copy of a document;

• (c) any reproduction of image or images embodied in such microfilm (whether enlarged or not);

• (d) any other material produced by a computer or any other device;

(j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to:

• (i) inspection of work, documents, and records;

• (ii) taking notes, extracts, or certified copies of documents or records;

• (iii) taking certified samples of material;

• (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes, or in any other electronic mode or through printouts where such information is stored in a computer or any other device;

(k) "State Information Commission" means the State Information Commission constituted under sub-section (1) of section 15;

(l) "State Chief Information Commissioner" and "State Information Commissioner" mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 15;

(m) "State Public Information Officer" means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5;

(n) "third party" means a person other than the citizen making a request for information and includes a public authority.