Right to Information Act, 2005

At a Glance

• What it is Law giving citizens the right to access information held by public authorities
• Enacted 15 June 2005; fully in force 12 October 2005
• Decision bodies Central and State Information Commissions
• Amended Right to Information (Amendment) Act, 2019
• Exam link UPSC Prelims, Polity: Governance

Where Does It Fit?

This is the first topic of the category on Governance. The Right to Information Act, 2005 provides for the creation of the Central Information Commission and State Information Commissions to decide complaints and appeals, and it sets out how a citizen can obtain information from public authorities. Before it, the Freedom of Information Act, 2002 existed but was never brought into force.

Core Provisions

The Act obliges every public authority to appoint Public Information Officers and Assistant Public Information Officers to receive requests, and to publish information about itself proactively under Section 4 so that citizens need to resort to the Act as little as possible. A citizen applies in writing or electronically to the Public Information Officer, with the prescribed fee, and need not give reasons for seeking the information. The officer must supply the information within 30 days of the request, and within 48 hours where it concerns the life or liberty of a person. Where the application comes through an Assistant Public Information Officer, five days are added. Where the information concerns a third party, a longer period applies. Citizens below the poverty line are exempt from the fee. The Act overrides the Official Secrets Act, 1923 to the extent of inconsistency (Section 22).

Exemptions

Section 8(1) lists information that need not be disclosed, such as information affecting the sovereignty and integrity of India, security, strategic, scientific or economic interests of the State and relations with a foreign State; information forbidden by a court; information whose disclosure would breach the privilege of Parliament or a state legislature; commercial confidence and trade secrets; information received in a fiduciary relationship; information that would endanger life or physical safety; information that would impede an investigation; cabinet papers, until the decision is taken; and personal information with no relationship to public activity. Section 8(2) permits disclosure if the public interest outweighs the harm to the protected interest. Under Section 8(3), most information relating to an event 20 years old must be provided, subject to exceptions. Section 24 exempts the intelligence and security organisations listed in the Second Schedule, except in matters of corruption and human rights violations. Information relating to allegations of human rights violations can be given only with the approval of the Information Commission.

Appeals

The Commissions can impose a penalty on the Public Information Officer at the rate of Rs 250 per day up to a maximum of Rs 25,000, and recommend disciplinary action against an errant official. They can also require the public authority to compensate the applicant for loss or detriment suffered.

The Information Commissions

The Central Information Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners, appointed by the President on the recommendation of a committee of the Prime Minister, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. The State Information Commission has a State Chief Information Commissioner and not more than ten State Information Commissioners, appointed by the Governor on the recommendation of a committee of the Chief Minister, the Leader of the Opposition in the Legislative Assembly and a state Cabinet Minister. Members should be persons of eminence in public life with wide knowledge in law, science and technology, social service, management, journalism, mass media or administration and governance, and cannot be MPs or members of a legislature, hold an office of profit, be connected with a political party or run a business or profession. They can be removed by the President or Governor on stated grounds, and for proved misbehaviour or incapacity only after a Supreme Court inquiry. Each Commission submits an annual report to the government concerned, which places it before the legislature. The powers of a civil court, the ability to examine any record, the power to order compliance and the suo motu inquiry power are described in the topic on the Central Information Commission.

RTI (Amendment) Act, 2019

These changes are often debated as a question of the independence of the Commissions, since terms and pay are now set by the executive through rules.

Why Is This Topic Important?

• Landmark law Appears often in Prelims and Mains
• Amendment 2019 Independence debate
• Time limits Statement questions

What Came Next?

The next topic covers the Citizens’ Charter.

Key People and Terms

• Public Information Officer Official who handles requests
• Section 8 Exemptions from disclosure
• Section 4 Proactive disclosure
• First appeal To a senior officer
• Second appeal To the Information Commission

Exam Corner

Mains Angle

Questions on this topic usually ask about transparency and the independence of the Commissions. Use these points to add depth.

• Transparency Proactive disclosure and right to information
• Exemptions Public interest override
• Independence 2019 Amendment debate
• Enforcement Penalties on officers