The Right to Information Act, 2005

Purpose and Objectives

The Right to Information Act, 2005 (RTI Act) is a landmark legislation enacted in India that empowers citizens to seek information from government bodies and public authorities.

Transparency and Accountability

A primary objective of the RTI Act is to foster a culture of transparency and accountability in governance. By providing citizens with the right to access information, it aims to reduce corruption, improve efficiency, and make public authorities more responsive to the needs of the people.

Key aspects include:

• Making government operations more open to public scrutiny.
• Holding public officials accountable for their decisions and actions.
• Promoting good governance and democratic participation.

Citizen's right to access information

The Act recognizes the fundamental right of every citizen to seek information from public authorities. This right is crucial for informed decision-making, effective participation in democratic processes, and ensuring that public resources are used judiciously.

The Act defines "information" broadly, encompassing 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 law for the time being in force.

Definitions: Public Authority, Information, Record

The RTI Act, 2005 provides specific definitions for key terms to ensure clarity and effective implementation of the law.

Public Authority

According to Section 2(h) of the Act, a "Public Authority" means:

• Any authority or body or institution of self-government constituted:
• by or under the Constitution;
• by any other law made by Parliament;
• by any other law made by State Legislature;
• by notification issued or order made by the appropriate government, and includes any other body owned, controlled or substantially financed directly or indirectly by funds provided by the appropriate government.
• Any non-Government organisation which is:
• owned, controlled or substantially financed directly or indirectly by funds provided by the appropriate government.

This definition is broad and aims to cover all entities that perform public functions or are funded by the government.

Information

As per Section 2(f), "information" means any material in any form, including:

• Records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and
• 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.

This comprehensive definition ensures that citizens can access a wide range of information held by public authorities.

Record

Section 2(i) defines "record" as including:

• any document, manuscript and any file;
• any copy of document, manuscript or file;
• any microfilm, microfiche and facsimile copy of any document;
• any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
• any other material produced by a computer or any other device.

This ensures that information stored in various formats, including digital ones, is covered under the Act.

Obligations of Public Authorities

The RTI Act, 2005 places several proactive and reactive obligations on Public Authorities to ensure transparency and facilitate citizens' access to information.

Disclosure of information suo motu

Section 4 of the Act mandates that every public authority shall, within one hundred and twenty days of the commencement of this Act, take steps to proactively disseminate certain categories of information by various means, including publishing it in the public domain.

This information, to be disclosed suo motu (on its own initiative), includes:

• The particulars of its organisation, functions and duties;
• The powers and duties of its officers and employees;
• The procedure followed in the decision-making process, including channels of supervision and accountability;
• The norms set by it for the discharge of its functions;
• Rules, regulations, instructions, manuals and records, held by it or under its control or used for discharge of its functions;
• A statement of the boards, councils, committees and other bodies constituted as its part. The minutes of meetings of these bodies shall be made available;
• A directory of its officers and employees;
• The monthly remuneration received by each of its officers and employees, including the system of compensation provided in their contracts as also in the case of regulatory function performed by the authority;
• The budget allocated to each agency, indicating the particulars of all plans, expenditure and reports on disbursements made;
• The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
• Particulars of recipients of concession, permits or authorizations granted by it;
• Details in respect of the information, available to or held by it, reduced in an electronic form;
• The particulars of facilities available to citizens for obtaining information, which may include the name and contact number of the Information Officer;
• The names and designations of the Public Information Officers (PIOs);
• Such other information as may be prescribed and thereafter update these publications every year.

The purpose of this proactive disclosure is to make information readily available to the public, thereby reducing the need for individual requests.

Designation of Public Information Officers (PIOs)

Section 5 of the Act mandates that every public authority shall, within one hundred days of the commencement of this Act, designate an:

• Assistant Public Information Officer (APIO) at each sub-divisional level or other subordinate offices;
• Public Information Officer (PIO) in all administrative units or offices where this Act is applicable.

The PIO is the primary point of contact for citizens seeking information. Their duties include:

• Receiving applications for information.
• To collect and provide the information sought by the citizen.
• To transfer the application to the concerned Public Authority if the information is held by another authority.
• To assist the applicant in getting the information.
• To provide reasons for rejection of any request.

The PIO is responsible for ensuring that the information requested is provided to the applicant within the stipulated time frame.

Procedure for Seeking Information

The RTI Act, 2005 lays down a clear procedure for citizens to request information from public authorities.

Application, fees, time limits

Making an Application:

• Any person, who desires to obtain any information under the Act, shall make a request in writing or through electronic means in English or in the official language of the area in which the application is made.
• The application should be addressed to the Public Information Officer (PIO) of the concerned public authority.
• If the request is made orally, the PIO or the Assistant PIO shall reduce it into writing.

Fees:

• A request for seeking information shall be accompanied by the prescribed fee. The fee is generally ₹10 per application, payable by cash, demand draft or Indian Postal Order, payable to the Accounts Officer of the concerned public authority.
• For providing information under sub-section (5) of Section 7, the fee shall be charged at the following rates:
• ₹2 for each page (in A-4 or smaller size paper) created or copied;
• Actual charge or cost price of a copy in larger paper size;
• Actual cost or price for samples or models; or
• for information provided in electronic form, not exceeding the cost of production of such information on physical media like CD or floppy disk.
• However, if the life or liberty of a person is involved, information shall be provided free of charge.
• If the applicant belongs to the Below Poverty Line (BPL) category, no fee shall be charged.

Time Limits for Providing Information:

• The PIO shall respond to the request within 30 days of the receipt of the request.
• If the information sought concerns the life or liberty of a person, it shall be provided within 48 hours of the receipt of the request.
• If the application is forwarded to another Public Authority, the time limit for the original PIO to receive a response from the other authority is 5 days, and this response is then added to the original 30-day limit. So, the information is to be provided within 35 days from the date of receipt of the request by the PIO.
• If the information is to be provided by the PIO to a third party, the time limit is 40 days (30 days for the PIO + 10 days for the third party to make representation).

Rejection of Request:

• If the PIO decides to reject the request, they must inform the applicant in writing, stating the reasons for rejection, the provisions of the Act under which it is rejected, and the period within which an appeal can be made to the First Appellate Authority.

Exemptions from Disclosure

The RTI Act, 2005, while promoting transparency, also recognizes the need to protect certain types of information that could be harmful if disclosed. These exemptions are outlined in Chapter II, Section 8 of the Act.

Protection of national security, personal information, etc.

Section 8(1) of the RTI Act lists several categories of information that are exempt from disclosure. These exemptions are intended to safeguard national interests, protect individual privacy, and ensure the smooth functioning of government.

Some of the key exemptions include:

• (a) information disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or leads to incitement of an offence;
• (b) information which is expressly forbidden to be published by any court of law or the content of which is forbidden to be published by the process of any court;
• (c) information which would constitute contempt of court;
• (d) information which would cause a breach of privilege of Parliament or the Legislature of a State;
• (e) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of an individual:
• (f) information which is an information shared in confidence by foreign governments;
• (g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for the purpose of enforcing the law or preventing the commission or detection of crime;
• (h) information which would impede the process of investigation or apprehension or prosecution of offenders;
• (i) cabinet papers including the minutes of decisions of such Secretaries, or other officers referred to in clause (e), (f) and (g) of sub-section (1) of section 7 of the Indian Evidence Act, 1872 (1 of 1872):
• (j) information which relates to personal information, the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of an individual:
• (k) not made available to a member of Parliament or as the case may be to a State Legislature with the same completeness and in the same form as available to such member or Legislature.

Important Note: Even if information falls under these exemptions, it must be disclosed if public interest in disclosure outweighs the harm to the protected interests (Section 8(2)).

Section 9 of the Act also lists grounds for rejection, such as information that is readily available in published form or that infringes copyright.

Appellate Authorities

The RTI Act, 2005 provides a robust two-tier appellate mechanism to ensure that citizens can seek redressal if their request for information is denied or if they are not satisfied with the response from the Public Information Officer (PIO).

First Appellate Authority

Designation:

• Under Section 19(1) of the Act, any person who is required to be given information under this Act, or who for any other reason is aggrieved by a decision of the PIO, may prefer an appeal to such officer who is senior in rank to the PIO in the same public authority.
• This officer is designated as the First Appellate Authority.

Procedure for Appeal:

• The appeal must be filed within 30 days from the receipt of the decision of the PIO or from the expiry of the time limit for providing information.
• The First Appellate Authority has the power to hear the appeal and decide whether the information should be disclosed or not. They may also direct the PIO to provide the information.
• The First Appellate Authority must respond to the appeal within 30 days of receiving it. In exceptional cases, this can be extended up to 45 days, with reasons for the extension to be recorded.

Central Information Commission (CIC) / State Information Commissions (SICs)

Designation and Role:

• If the applicant is not satisfied with the decision of the First Appellate Authority, they can file a second appeal to the appropriate Information Commission.
• For Central Government public authorities, the appeal lies with the Central Information Commission (CIC).
• For State Government public authorities, the appeal lies with the State Information Commission (SICs).

Appointment of Commissioners:

• The CIC is a statutory body headed by the Chief Information Commissioner and not more than ten Information Commissioners, appointed by the President of India.
• SICs are constituted by the respective State Governments, headed by the State Chief Information Commissioner and not more than ten State Information Commissioners.

Powers of the Information Commission:

• The Information Commission has the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular, in respect of the following matters:
• Summoning and enforcing the attendance of persons and compelling them to give evidence on oath and to produce documents or records;
• Requiring the discovery and inspection of documents;
• Receiving evidence on affidavits;
• Issuing commissions for the examination of witnesses or documents;
• Reviewing its own decision;
• Issuing directions for the production of any document or record.
• The Commission can impose penalties on PIOs who refuse to receive an application, do not furnish information within the specified time, malafidely deny information, knowingly give incorrect or incomplete information, or destroy information. The penalty can be up to ₹25,000.

The appellate process is designed to be accessible and affordable, ensuring that citizens' right to information is effectively protected.