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Basic Information 

Purpose and Need for RTI Act

The RTI Act was introduced to bring transparency and accountability in government functioning. Before this Act, access to public records was limited, and decisions made by public authorities often went unquestioned. People had to depend on press leaks or personal contacts. RTI gives every citizen the legal right to request information from any "public authority" and receive a response within a stipulated time. This transformed the citizen-government relationship into one of informed participation.

Scope and Applicability

The Act applies to all levels of government – central, state, and local bodies. It includes ministries, departments, PSUs, and even bodies substantially financed by the government (e.g., NGOs receiving large government funds). However, it does not apply to intelligence and security organizations listed under the Second Schedule (like IB, RAW), except in cases involving corruption or human rights violations.

Key Definitions and Sections

• Section 2(f): Defines "information" to include any material in any form – emails, memos, documents, reports, samples, etc.
• Section 4: Obligates public authorities to proactively disclose key information without waiting for RTI applications.
• Section 6: Citizens can file a request with a nominal fee (₹10), without needing to give reasons.
• Section 7: Mandates a 30-day limit for responding, 48 hours if it concerns life or liberty.
• Section 8 and 9: Lists exemptions – information that affects national security, trade secrets, or personal privacy (unless larger public interest is involved).
• Section 19: Provides the two-tier appeal system – First Appellate Authority (within the same department), and then the State/Central Information Commission.

Structure: Information Commission

Each state has a State Information Commission, and at the national level, there's a Central Information Commission (CIC). They are responsible for hearing second appeals, complaints, and directing public authorities to comply with the Act. The CIC is a quasi-judicial authority and its decisions are binding.

Impact and Examples

RTI has been a powerful tool in exposing corruption (e.g., Commonwealth Games scam, MNREGA implementation flaws), improving service delivery, and enabling citizens to obtain documents like ration cards, pension records, or reasons for delays in public services. It's also been used to bring justice in personal cases like wrongful property possession, delayed PF payments, etc.

Amendments and Criticism

The 2019 Amendment stirred criticism as it changed the fixed tenure and salaries of the Information Commissioners to be determined by the central government, reducing their independence. Another challenge is increasing pendency, threats to RTI activists, and non-compliance by public authorities.

RTI vs. Public Interest vs. Privacy

There's a delicate balance between citizen’s right to know and individual’s right to privacy. The landmark Supreme Court judgment in the Girish Ramchandra Deshpande case held that personal information can't be disclosed unless it involves a larger public interest. This is increasingly relevant after the Right to Privacy was declared a fundamental right (Puttaswamy Judgment, 2017).

Dowload: THE RIGHT TO INFORMATION ACT, 2005

Fundamental need

The fundamental need for the RTI Act arises from the democratic principle that a well-informed citizen is the cornerstone of good governance. In a democracy like India, where the government is of the people, by the people, and for the people, the public has a right to know how decisions are made, how public money is spent, and whether promises made by leaders are actually fulfilled. Without access to information, citizens cannot hold public officials accountable or participate meaningfully in decision-making.

For decades before the RTI Act, opacity in government processes led to unchecked corruption, inefficiency, and abuse of power. People had no way to ask why a ration card was delayed, why a road project remained incomplete, or how funds meant for village development were used. The RTI Act addressed this gap by legally empowering citizens to seek answers directly from public authorities. It ensures transparency, accountability, and reduces arbitrariness in public administration.

Moreover, RTI strengthens trust between citizens and the state. When people can access government data, they can verify facts, cross-check claims, and become more active participants in public discourse. This transparency also acts as a deterrent against corruption and misuse of office, as officials are aware that their actions may be scrutinized at any time.

In essence, the RTI Act bridges the gap between the government and the governed, reinforcing democratic values, ensuring just governance, and protecting the rights of the individual against systemic injustice or negligence.

Importatnt Sections of this act

Here is a focused breakdown of the key sections and clauses of the RTI Act, 2005, which every serious reader or practitioner should know:

Section 2: Important Definitions

This section defines core terms:

• Section 2(f): Defines Information – includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, samples, etc., in any form.
• Section 2(h): Defines Public Authority – includes any authority or body established under the Constitution, any law made by Parliament or State Legislature, or by government notification.
• Section 2(j): Defines Right to Information – includes inspection of work, documents, records, taking notes, extracts, certified copies, obtaining information in electronic forms, etc.

Section 3: Right to Information

Every citizen of India has the right to information. This right cannot be denied to any individual unless specifically exempted under the Act.

Section 4: Obligations of Public Authorities

This is a proactive disclosure clause. Public authorities must:

• Maintain records duly catalogued and indexed.
• Publish details of organization, duties, powers, financial details, and decision-making processes.
• Provide information suo moto through websites, notice boards, etc., reducing the need for formal RTI requests.

Section 5: Appointment of PIOs

Every public authority must appoint:

• Public Information Officers (PIOs): Responsible for providing information.
• Assistant PIOs: To forward RTI applications to the concerned PIO.

These officers are the key contact points for citizens seeking information.

Section 6: Filing an RTI Request

• RTI application can be filed by any citizen in writing or electronically.
• No reason for seeking information is required.
• Fee: ₹10 (with some fee exemptions for BPL applicants).

Section 7: Time Limits for Response

• 30 days from the date of receipt.
• 48 hours if it concerns the life or liberty of a person.
• 35 days if the application is made through an Assistant PIO.
• If no response is received in the given time, it's deemed a refusal.

Section 8: Exemptions from Disclosure

Information that need not be disclosed includes:

• National security, sovereignty, and strategic interests.
• Trade secrets or intellectual property.
• Information received in fiduciary relationship.
• Cabinet papers and internal deliberations.

However, if larger public interest is involved, some of these exemptions can be overruled.

Section 9: Grounds for Rejection

Information may be rejected if:

• It involves infringement of copyright of a third party.
• It would disproportionately divert the resources of the public authority.

Section 10: Severability

If a request contains exempt and non-exempt information, the exempt part can be removed and the rest provided.

Section 11: Third Party Information

If requested information relates to a third party, the PIO must seek written consent from that third party before disclosure.

Section 19: Appeals

Two-stage grievance redressal mechanism:

• First Appeal: To a senior officer in the same department within 30 days.
• Second Appeal: To the State or Central Information Commission within 90 days.

Section 20: Penalties

If the PIO:

• Fails to respond without reasonable cause,
• Provides incorrect/misleading information,

They can be fined ₹250 per day, up to ₹25,000. Disciplinary action can also be initiated.

Section 23: Bar of Jurisdiction

No court shall entertain any suit or proceeding in respect of any order made under this Act – only the Information Commission is the authority for grievances under RTI.

Process of obtaining information 

Here is a clear, step-by-step explanation of the process of using the RTI Act, 2005 to obtain information from a government authority in India. This is the practical application path a citizen must follow:

Step 1: Identify the Public Authority

Determine which department holds the information you're seeking. For example:

• For land records: Revenue Department
• For road work: PWD or Municipal Corporation
• For exam results or recruitment: Respective Commission or Board

If you're unsure, it’s better to file with a Public Information Officer (PIO) of a related department—they are obligated to forward it internally if it's not their concern (Section 6(3)).

Step 2: Draft the RTI Application

Write your application in simple language, addressing it to the PIO of the department. It must:

• Clearly state that the request is under the RTI Act, 2005.
• Mention your name, address, contact details, and the specific information you seek.
• Avoid vague language—ask for document copies, dates, names, file numbers, etc.
• You do not need to give reasons for seeking the information.

Step 3: Pay the Prescribed Fee

The standard application fee is:

• ₹10 for central and most state departments.
• Mode of payment: Cash, Demand Draft, Indian Postal Order (IPO), or online (varies by state).
• Exemption: Below Poverty Line (BPL) applicants are not required to pay.

Step 4: Submit the Application

There are two ways to submit:

1. Offline:
• By post or in person to the concerned PIO.
• Keep a receipt or dispatch proof for records.

2. Online:

• For Central Government departments, visit https://rtionline.gov.in/
• Some states have their own RTI portals (e.g., Maharashtra, Karnataka).
• Upload application and pay online.

Step 5: Wait for the Response

• Time limit: 30 days from receipt by PIO (48 hours in life/liberty-related cases).
• If the information involves another department, the time limit is 35 days.
• If the department denies or delays the information without valid grounds, it is deemed refusal.

Step 6: First Appeal (if no response or unsatisfactory answer)

• File within 30 days of getting a reply or from the expiry of the response period.
• Address it to the First Appellate Authority (FAA) of the same public body.
• This stage is internal and must be resolved within 30-45 days.

Step 7: Second Appeal (if still unresolved)

• File before the State Information Commission or Central Information Commission, depending on the department.
• Must be filed within 90 days of receiving the First Appellate Authority’s decision.

Step 8: Complaint Option (in case of serious violations)

Instead of appeal, under Section 18, you can file a direct complaint to the Information Commission if:

• No PIO is appointed
• Refusal to accept the application
• Overcharging fees
• Threats or harassment

Important Tips for Applicants

• Keep a copy of your application, receipts, and replies.
• Be concise and specific—broad or vague queries are often rejected.
• Use registered post or speed post if applying offline for proof of dispatch.

Some ready-to-use RTI application templates

You can adjust them slightly for state-specific requirements or file them online if the department offers that facility.

✅ Sample 1: RTI Application for Land Record (Village or Urban Area)

To:
The Public Information Officer
[Name of Revenue Department or Tehsildar Office]
[District Name], [State Name]

Subject: Application under RTI Act, 2005 – Request for Land Record Details

Respected Sir/Madam,
I am a resident of [Village/City Name], and I wish to obtain certified copies of land records under the RTI Act, 2005. Kindly provide the following information:

1. Ownership details of land situated at [Khata No./Survey No./Plot No.] in [Village/Town].
2. Latest Jamabandi/Khasra/Khatuni or mutation records.
3. Whether any encroachment or legal dispute is registered on the said land.
4. Copy of any pending applications related to land mutation or division.

Application Fee: ₹10 enclosed via [IPO/DD/Cash]
Applicant Name: [Your Full Name]
Address: [Your Full Address]
Phone/Email (optional): [Optional Contact]
Date:
Signature:

---

✅ Sample 2: RTI Application for Road Work or Development Project

To:
The Public Information Officer
[Municipal Corporation / PWD Department]
[City Name], [State Name]

Subject: RTI Application for Road Work Details in Ward No. [X]

Respected Sir/Madam,
Under the RTI Act, 2005, I request the following information regarding the road construction in [Area/Street Name]:

1. Date of sanction and estimated cost of the project.
2. Name of the contractor assigned and copy of the tender.
3. Inspection reports and payment details made so far.
4. Timeline of project completion and reason for delays (if any).

Application Fee: ₹10 enclosed via [IPO/DD/Cash]
Applicant Name: [Your Full Name]
Address: [Your Full Address]
Phone/Email (optional): [Optional Contact]
Date:
Signature:

---

✅ Sample 3: RTI Application for Delay in Pension

To:
The Public Information Officer
[District Social Welfare Office / Pension Department]
[City Name], [State Name]

Subject: RTI Application Regarding Delay in Pension Disbursement

Respected Sir/Madam,
I am receiving pension under [Old Age/Widow/Disability] scheme. My pension ID is [Pension Number]. I have not received payments since [Month, Year]. Kindly provide:

1. Status of my pension file and reasons for non-payment since [date].
2. Name and designation of officers responsible for processing.
3. Copy of fund release orders from state/central department.
4. Steps being taken to resolve the delay.

Application Fee: ₹10 enclosed via [IPO/DD/Cash]
Applicant Name: [Your Full Name]
Address: [Your Full Address]
Phone/Email (optional): [Optional Contact]
Date:
Signature:

Exempted information under this act

Under the RTI Act, 2005, Section 8 and Section 9 lay out the categories of information that are exempted from disclosure. These exemptions are meant to protect national interests, personal privacy, and certain institutional responsibilities. Here's a clear and practical list of all such exemptions with explanations:

✅ Section 8(1): Grounds for Denial of Information

1. National Security and Sovereignty (Clause a)
   Information that would affect the sovereignty, integrity, defense, strategic, scientific, or economic interests of India, or relations with a foreign state, or lead to incitement of an offence.
   👉 Example: Military plans, border negotiation documents.

2. Parliamentary Privilege and Court Proceedings (Clause b)
   Information expressly forbidden to be published by any court of law or tribunal or which may constitute contempt of court.
   👉 Example: In-camera trial documents, sealed orders.

3. Trade Secrets and Intellectual Property (Clause d)
   Information including commercial confidence, trade secrets, or intellectual property, disclosure of which would harm the competitive position of a third party.
   👉 Example: Tender bids, patented formulas.

4. Fiduciary Relationship (Clause e)
   Information available to a person in a fiduciary (trust-based) relationship, unless larger public interest warrants disclosure.
   👉 Example: Confidential reports between regulators and companies.

5. Foreign Government Confidentiality (Clause f)
   Information received in confidence from foreign governments.
   👉 Example: Diplomatic correspondence.

6. Endanger Life or Safety (Clause g)
   Information whose disclosure would endanger the life or physical safety of any person, or identify the source of information given in confidence.
   👉 Example: Whistleblower identity, informer details in police files.

7. Law Enforcement and Investigations (Clause h)
   Information that would impede the process of investigation or prosecution or apprehension of offenders.
   👉 Example: Ongoing CBI investigation reports.

8. Cabinet Papers and Policy Deliberations (Clause i)
   Records of Cabinet discussions, Council of Ministers, or secretaries’ deliberations. These can be disclosed only after a decision is taken and the matter is complete.
   👉 Example: Cabinet meeting minutes.

9. Personal Privacy (Clause j)
   Personal information which has no public interest or which would cause unwarranted invasion of the individual’s privacy.
   👉 Example: Employee appraisal reports, medical records.

✅ Section 9: Third-Party Copyright

If the information requested involves copyrighted material belonging to a third party, it may be denied—unless the requester has permission or the disclosure is permitted under fair use/public interest provisions.

✅ Important Exception: Public Interest Override

Even if information falls under these exemptions, it must be disclosed if the larger public interest outweighs the protected interest. This principle has been upheld in multiple Supreme Court judgments (e.g., Girish Ramchandra Deshpande v. CIC, CBSE v. Aditya Bandopadhyay).

Some landmark cases on this act

Here are some of the most important landmark cases related to the RTI Act, 2005, which have shaped its interpretation, widened its scope, and clarified its limitations. These judgments come from the Supreme Court and High Courts of India, and are critical for anyone studying or using the RTI Act seriously:

✅ 1. CBSE vs. Aditya Bandopadhyay (2011)

Citation: (2011) 8 SCC 497
Issue: Can a student demand their evaluated answer sheets under RTI?
Judgment: Yes. The Supreme Court held that answer sheets are public documents and must be disclosed under RTI. The CBSE's claim of copyright was overruled as not being a valid ground under Section 8.
👉 Impact: Empowered students to access their answer sheets, promoting transparency in examination systems.

✅ 2. Girish Ramchandra Deshpande vs. CIC (2012)

Citation: (2013) 1 SCC 212
Issue: Can a citizen seek personal information like service records, property returns, and income tax details of a public servant?
Judgment: No. The Court ruled that personal information is exempt under Section 8(1)(j) unless larger public interest is proven.
👉 Impact: Limited access to personal data of government employees unless corruption or public interest is involved.

✅ 3. Reserve Bank of India vs. Jayantilal Mistry (2015)

Citation: (2016) 3 SCC 525
Issue: Can RBI withhold information citing fiduciary relationship with banks?
Judgment: No. RBI was ordered to disclose financial inspection reports, defaulter lists, and NPAs. Supreme Court stated regulators must be accountable to the public, and fiduciary exceptions do not apply where public interest prevails.
👉 Impact: Big win for financial transparency. RBI later resisted the order, but it was reaffirmed in multiple rulings.

✅ 4. Union of India vs. Association for Democratic Reforms (2002) (Pre-RTI Act but influential)

Citation: (2002) 5 SCC 294
Issue: Do voters have the right to know the criminal, educational, and financial background of electoral candidates?
Judgment: Yes. The SC held that right to information is a fundamental right under Article 19(1)(a).
👉 Impact: Basis for the Election Commission’s requirement for affidavit disclosures by candidates.

✅ 5. Namit Sharma vs. Union of India (2013)

Citation: (2013) 1 SCC 745
Issue: Do Information Commissioners need to be legally trained (judicial members)?
Judgment: The initial order said yes, but was later modified in Union of India vs. Namit Sharma. Final ruling allowed appointment of non-judicial members too.
👉 Impact: Clarified appointment rules and maintained functionality of Information Commissions.

✅ 6. Chief Information Commissioner vs. State of Manipur (2011)

Citation: (2011) 15 SCC 1
Issue: Can the CIC order disclosure of records from state government offices?
Judgment: Yes. The Supreme Court upheld the authority of the CIC over central and state authorities.
👉 Impact: Reinforced that no public authority is beyond RTI coverage, subject to exemptions.

✅ 7. Raj Narain vs. State of Uttar Pradesh (1975) (Pre-RTI case but foundational)

Citation: AIR 1975 SC 865
Judgment: The Court held that “the people of this country have a right to know every public act, everything that is done in a public way by their public functionaries.”
👉 Impact: This judgment laid the ideological foundation for the RTI Act decades later.

✅ Conclusion: Importance and Role of the RTI Act, 2005

The Right to Information Act, 2005 stands as a powerful legislative tool that strengthens democracy by empowering citizens with the legal right to question. It ensures transparency and accountability in government functioning, making the administration more responsive and answerable to the people. By allowing access to government-held records, the Act bridges the long-standing gap between citizens and bureaucracy, transforming a passive population into active participants in governance.

Despite facing resistance through delayed responses, misuse of exemption clauses, and lack of enforcement, the RTI Act has exposed corruption, stalled arbitrary decision-making, and brought justice in numerous individual cases. Landmark court rulings have further clarified its scope, ensuring it remains functional and people-centric. However, its impact relies heavily on citizen awareness, proactive use, and independent Information Commissions.

In essence, the RTI Act is not just a law—it is a citizen’s weapon for truth and accountability. Strengthening its implementation, protecting whistleblowers, and promoting public education about its use will ensure it continues to serve as a backbone of transparent governance in India.