Commercial

Law

The Right to Information Act, 2005

WHY FREEDOM OF INFORMATION FOR PUBLIC?
The free access to information has been considered to be one of the most important rights for
citizens of any country. Some of the reasons that why this, “Freedom of Information” has
been given so significance are as follows:
 for the Improvement in the democratic processes
 to empower people to demand their rights
 to counter corruption
 to make government bodies work efficiently & transparently
 to enable the commercial use of public information
 to support media to work independently.
HISTORICAL BACKGROUND
 In 1946, the UN General Assembly adopted Resolution 59(1) which states, “Freedom
of Information is a fundamental human right and the touchstone of all the freedoms to
which the UN is consecrated.”
 Article 19 of the Universal Declaration on Human Rights (General Assembly
Resolution 217 A (III) of 10th December 1948) and ;
 the International Covenant on Civil and Political Right (ICCPR) (General Assembly
Resolution 2200 A (XXI) of 16th December, 1966)
 BOTH PROVIDE THAT EVERY PERSON SHALL HAVE THE RIGHT TO INFORMATION.
 RTI as a Constitutional Right in India :The Supreme Court has observed that the
Right to Information (RTI) is an intrinsic part of fundamental right to free speech and
expression under Article 19(1)(a) of the constitution of India.
THE RIGHT TO INFORMATION ACT, 2005
(CENTRAL ACT 22 OF 2005)
TITLE OF THE ACT:- This Act may be called the Right to information Act, 2005.
EXTENT:-
 This Act extends to whole of India
 The Act was passed by the parliament on 15th June 2005 in the fifty sixth year of the
Republic of India.
COMMENCEMENT:-
 According to Section 1(3) of the Act, the provisions of section 4(1), 5(1), 5(2), 12, 13, 15,
16, 24, 27 and 28 came into force at once on 15th June 2005.
 Remaining provisions came into force on 120th day of its enactment i.e. on 12th October
2015.
SCOPE OF THE ACT

The proceedings The Act was An Act enacted to

under the Right to enacted to maintain maintain
Information Act transparency and transparency and
cannot be subject- accountability in the accountability in the
matter of scrutiny function of the public function of the
before a civil court. authorities. Public Authorities.
OBJECT OF THE ACT

To set out the practical regime of right to information for citizens;

To secure access to information under the control of public authorities;

To promote transparency and accountability in the working of every public authority;

To ensure constitution of a Central Information Commission and State Information

Commissions for the purpose of enforcement of the provisions of this Act
To strengthen the ethos of the democratic Republic by the means of informed citizen
and transparency of information;

To make the Governments and their instrumentalities accountable;

To check corruption and corrupt practices prevalent in the governance system.

WHAT DOES INFORMATION MEAN ?
As stated U/S 2(f) of the RTI Act, 2005 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 can be accessed by a public authority under any other
law for the time being in force”.
SCOPE OF INFORMATION:-
(1) Provide information if available on record. The RTI Act, 2005 contemplates furnishing of
information which is available on records.
(2) Information does not include the answer to question “WHY”? Although the information can be
obtained in any form, but the applicant cannot question about the reason as to existence or non-
existence of a particular state of things.
(3) No redressal of grievances. The Act provides for imparting information being held by the public
authority and it does not provide for redressal of grievances or entertaining suggestions for doing or
not doing something.
(4) Information pertaining to Judicial Decisions. The information sought cannot question as to the
reasons that why a judge had come to a particular decision or judgement. The litigant cannot seek
enquiries as to the judgement.
(5) No suggestions, clarifications, directions and interpretations. The RTI Act is to impart the
information and not to affect the decision making of the Public authorities by any manner whatsoever.
(6) No permission required for imparting information. Once the commission directed to impart
information then there is no need to take any permission from any other authority. No authority is
above the RTI Act passed by the Parliament.
(7) No personal information of officials. The citizen has no right to seek any personal information of
officials of public authority.
(8) File Noting have been held to be information u/s 2 (f) of the Act and the same is liable to be
disclosed.
RIGHT TO INFORMATION
“Right to Information” under section 2(j) of the Act means the right to information
accessible under this Act which is held by or under the control of any public authority
and includes–

right to inspection of work, documents, records;

right to taking notes, extracts or certified copies of documents or

records;

right to taking certified samples of material ;

right to 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 computer
or in any other device;
RIGHTS UNDER RTI :
This right may be exercised in various forms and ways :-

(i) Inspection

(ii) Taking notes may mean noting down certain information from the
documents inspected

(iii) The right to information also includes the certified samples of

material.

(iv) The information may be obtained in the various electronic

forms
PROCEDURE OF OBTAINING INFORMATION
(1) Identify the public authority which holds the pertinent information.
(2) Identify the concerned Public Information Officer (PIO) to whom the application is to
be submitted.
a) the Central Public Information Officer (CPIO) ; or the State Public Information Officer
(SPIO), as the case may be.
b) the Central Assistant Public Information Officer (Central APIO) or the State Assistant
Public Information Officer (State APIO), as the case may be.
(3) Draft the application
 The application can be made in writing or through electronic means.
 the application can be in English, Hindi ; as in the official language of the area in which the
application is to be made.
 The application must specify the particulars of the information sought by the applicant.
 Where the application cannot be made in writing, the CPIO or SPIO (as the case may be)
render all assistance to the applicant making the request orally, and to reduce the same in
writing.
CONTINUED…
 The applicant need not state the reasons for the want of information except those they
may be necessary.
 The Act does not specify a particular format to be used for making an application,
however, a public authority may prescribe a form for the ease of access.
(4) Submit the application : The written application along with the prescribed fee must be
sent to the
 PIO of the Public Authority ; or
 The APIO at the sub district or sub-divisional level as the case may be. [Where the
application is sent to the APIO, he shall himself forward it to the appropriate PIO]
 The application can be sent by registered post, speed post or under certificate of
posting.
 The application may be submitted in person also the applicant must get an
acknowledgement for the same.
(5) Fees for obtaining information (U/S 7): Costs to be paid by the Applicant on Filing an
RTI, must be made as per the Right to Information (Regulation of Fee & Cost) Rules, 2005.
CONTINUED…
(6) Time limit to receive information:- or Disposal of Request (U/S 7)
 The Public Information Officer on receipt of application which is accompanied by the
application fee is to process it within 30 days of its receipt.
 If the application has been submitted to the APIO, another 5 days are added to this time
limit.
 If the information is vital to ensure life or liberty of a person, a decision has to be made
within 48 hours. Where such an application is made, an explanation should be added by
the applicant as to why the application relates to ‘life or liberty’.
 If the information requested is related to a third party who has treated it as confidential,
then procedure laid down in Section 11 of the Act is to be followed.
 Where an additional fee is required to be paid, the period intervening between the
despatch of the intimation regarding payment of additional fee and payment of fee by the
applicant shall be excluded for the purpose of computing the period of thirty days within
which the PIO is required to furnish the information.
CONTINUED…
 If the PIO fails to send decision on the request on the information within the period of thirty
days or forty-eight hours, as the case may be, the information may be deemed to have
been refused. Information is to be provided free of charge where a public authority fails to
comply with the specified time limit.
 Where a request has been rejected the Central Public Information Officer or State Public
Information Officer, as the case may be shall communicate to the person making the
request,-

the reasons for such rejection;

the period within which an appeal against such rejection

may be preferred; and

the particulars of the appellate authority.

PUBLIC AUTHORITY [SECTION 2(H)]:
The term ‘Public Authority’ has been defined under Section 2(h) of the RTI Act which is being
reproduced as under:
 “Public authority” means any authority or body or institution of self-government established
or 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–
 body owned, controlled or substantially financed;
 non-Government organisation substantially financed,
 directly or indirectly by funds provided by the appropriate Government.
Examples of Public Authorities :
Parliament of Indian, State Legislatures, all Ministries and departments of Central Government
and the State Governments, all Municipal Bodies, Panchayats and local bodies, Courts,
Universities, UPSC, State Public Service Commissions, Public Sector Undertakings like
Nationalised Banks, LIC, and UTI , all Stock Exchanges and SEBI , etc
ORGANISATION HIERARCHY OF PUBLIC
AUTHORITIES
ORGANISATION HIERARCHY OF PUBLIC AUTHORITIES

Government of India

Nodal Ministry

(Nodal Ministry categories various authorities of all Ministries/Departments)

Ministry -1 Ministry - 2 Ministry - 3 Ministry -n

(Each Ministry categories various agencies under it into 5 group)

Statutory Bodies Constitutional Bodies Line Agencies Authonomous Bodies Private Bodies
OBLIGATIONS OF PUBLIC AUTHORITIES (SECTION 4)

(1) Maintenance of Records [U/S 4 (1) (a)

(2) Sou-Motu Disclosure –[U/S 4(1) (b)]

(3) Publication of facts about policies & decisions [U/S 4 (10 (c)].

(4) Providing reasons for decisions [U/S 4(1) (d)].

(5) Dissemination of Information [U/S 4(3) and 4(4)]

DUTIES AND RESPONSIBILITIES OF PIO:
Public Information Officers
The duties of PIOs as given in the RTI Act, 2005 are as follows:
 Deal with requests from persons seeking information and render reasonable assistance
to persons seeking information. [Section 5(3)]
 Render reasonable assistance to person making request orally to reduce the same in
writing. [Section 6(1)]
 Disposal of request within 30 days of receipt of request, by either providing information.
On payment of such fee as may be prescribed or reject the request for reasons specified
in Section 8 and 9. Section 7(1)]
 Provide Information within 48 hours if information sought concerns life/liberty of a
person.
 If information is to be provided on payment of further fee, send intimation to applicant
 Assistance to sensorily disabled to access record/information. [Section 7(4)]
 If third party involved, take into consideration the representation made by third party
under Section 11. [Section 7(7)]
 Where request for information rejected, communicate to the applicant
TIME LIMIT FOR DISPOSAL OF APPLICATIONS
S.No Situation Time Limit for Disposing Applications
1. Supply of information in normal course. Within 30 days of the receipt of the request
[Section 7 (1)].
2. Supply of information if it concerns the life Within 48 hours of the receipt of the
or liberty of a person. request [Section 7(1)].
3. Supply of information if the application is 5 days shall be added to the time period
received through APIO. indicated at S. No. 1 and 2. [Section 5(2)].
4. Supply of information if application/ request
is received after transfer from another
public authority:
(a) In normal course (a) Within 30 days of the receipt of the
application by the concerned public
authority. [Section 7 (1)]
(b) In case the information concerns the life (b) Within 48 hours receipt of the
or liberty of a person. application by the concerned public
authority. [Section 7(1)]
CONTINUED…

5. Supply of information here the applicant is The period intervening between informing
asked to pay additional fee. the applicant about additional fee and the
payment of fee by the applicant shall be
excluded for calculating the period of reply.
[Section 7(3) (a)]
6. Supply of information by organizations
specified in the Second Schedule:
(a) If information relates to allegations of (a) 45 days from the receipt of application
violation of human rights. [Sec 24(1) and (4)]
(b) In case information relates to (b) Within 30 days of the receipt of
allegations of corruption. application. [Sec 24 (1)]
EXEMPTION FROM DISCLOSURE OF INFORMATION
(SEC 8)
 Section 8(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 lead to incitement of an offence;
 Section 8(b) information which has been expressly forbidden to be published by any
court of law or tribunal or the disclosure of which may constitute contempt of court;
 Section 8(c) information, the disclosure of which would cause a breach of privilege of
Parliament or the State Legislature; [e.g.- If a public authority reveals the private
deliberations of a Parliamentary Select Committee]
 Section 8(d) information including commercial confidence, trade secrets or intellectual
property, the disclosure of which would harm the competitive position of a third party,
unless the competent authority is satisfied that larger public interest warrants the
disclosure of such information;
 Section 8(e) information available to a person in his fiduciary relationship, unless the
competent authority is satisfied that the larger public interest warrants the disclosure of
such information;
CONTINUED…

 Section 8(f) information received in confidence from foreign government;

 Section 8(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 law enforcement or security purposes;
 Section 8(h) information which would impede the process of investigation or
apprehension or prosecution of offenders;
 Section 9(i) cabinet papers including records of deliberations of the Council of Ministers,
Secretaries and other officers
CENTRAL INFORMATION COMMISSION
[APEX LEGAL BODY]
Central Information Commission is the apex legal body to exercise the powers conferred
on it under the Right to Information Act.
 Composition [Section 12(2]: The Central Information Commission consists of:
 The Chief Information Commissioner (CIC), and
 Information Commissioners (not be more than ten).
 Appointment [Section 12 (3)]: The appointment of the Chief Information Commissioner
and Information Commissioners is made by the President of India on the
recommendation of a committee.
 Functions [Section 12 (4)]: The powers of general superintendence, direction and
management of the affairs of the Central Information Commission are vested in the Chief
Information Commissioner (CIC).
 CONTINUED…
 Qualifications [Section 12(5) & 12(6) ]:
 The Chief Information Commissioner and Information Commissioners are to be persons
of eminence in public life with wide knowledge and experience in law, science and
technology, social service, management, journalism, mass media or administration and
governance.
 The Chief Information Commissioner or an Information Commissioner should not be a
Member of Parliament or a Member of the Legislature of any State or Union territory, as
the case may be.
 They shall not hold any other office of profit while holding the post of the Chief Information
Commissioner or an Information Commissioner.
 They should not be connected with any political party or carrying on any business or
pursuing any profession
 Headquarters [Section 12(7)]: The Headquarters of the Central Information Commission is
located at Delhi.
 Term of office of the Chief Information Commissioner [Section 13(1)]: The term of office
of the Chief Information Commissioner (CIC) is 5 years from the date on which he enters
upon his office or till he attains the age of 65 years, whichever is earlier.
CONTINUED…
 Term of office of the Information Commissioners [Section 13(2)]: Every Information
Commissioner shall hold office for a term of five years from the data on which he or she
enters upon his or her office or till he or she attains the age of sixty-five years, whichever
is earlier.
 Oath [Section 13 (3]: The Chief Information Commissioner or an Information
Commissioner shall, before he enters upon his office, make and subscribe before the
President or some other person appointed by him in that behalf, an oath or affirmation
according to the form set out for the purpose in the First Schedule.
 Resignation [Section 13 (4)]: The Chief Information Commissioner or an Information
Commissioner may resign from his office, at any time, by writing under his hand
addressed to the President of India.
 Salaries and allowances [Section 13 5)]: The salaries and allowances and other terms
and conditions of service of the Chief Information Commissioner shall be the same as
that of the Chief Election Commissioner. The salaries and allowances and other terms
and conditions of service of an Information Commissioner shall be the same as that of
an Election Commissioner.
CONTINUED…

 Officers and employees [Section 13 (6)]: The Central Government shall provide the
Chief Information Commissioner and the Information Commissioners with such officers
and employees as may be necessary for the efficient performance of their functions under
this Act.
 Removal of Chief Information Commissioners (Section 14) : The President of India
can remove Chief Information Commissioner or any Information Commissioner according
to the provisions as given under Section 14.
STATE INFORMATION COMMISSION (SECTION 15-17)
According to Section 15 of the Act, every state shall have a Staff Commission. Accordingly,
every State Government has power to constitute a State Information Commission to exercise
the power conferred and to perform the functions assigned to it under the Act.
 Composition [Section 15(2)]: The composition of the State Information Commissioner is
as follows:
 State Chief Information Commissioner, and
 State Information Commissioners (not exceeding ten).
 Appointment [Section 15(3)]: The State Chief Information Commissioner and the State
Information Commissioners are appointed by the Governor on the recommendation of a
committee headed by the Chief Minister of the State as the Chairperson of the
committee. The other members of the committee are the Leader of Opposition in the
Legislative Assembly; and a Cabinet Minister nominated by the Chief Minister.
 Functions [Section 15(4)]: The general superintendence, direction and management
of the affairs of the State Information Commission are vested in the Stated Chief
Information Commissioner who is assisted by the State Information Commissioners.
CONTINUED…
 Qualifications –[Section 15(5)] :
 The State Chief Information Commissioner and the State Information Commissioner
shall be persons of eminence in public life with wide knowledge and experience in
law, science and technology, social service, management, journalism, mass
media or administration and governance.
 It has been further clarified that the State Chief Information Commissioner or a State
Information Commissioner shall not be a Member of Parliament or Member of the
Legislature of any State or Union Territory.
 Headquarters [Section 15(7)] : The headquarters of the State Information Commission
shall be at such place in the State as the Government may, by notification in the Official
Gazette, specify. However the State Information Commission may, with the previous
approval of the State Government, establish offices at other places in the State.
 Term of the office of the State Chief Information Commissioner [Section 16(1)] : The
State Chief Information Commissioner shall hold office for a term of five years from the
date on which he enters upon his office or till he attains the age of sixty-five years,
whichever is earlier. The State Chief Information Commissioner shall not be eligible for
reappointment. [Section 32 9b)]
CONTINUED…
 Term of office of the State Information Commissioner [Section 16(2) ]:
 Every State Information Commissioner shall hold office for a term of five years from the
date on which he enters upon his office or till he attains the age of sixty-five years,
whichever is earlier.
 A State Information Commissioner shall be eligible for reappointment as such State
Information Commissioner.
 Oath [Section 16(3)]: The State Chief Information Commissioner or a State Information
Commissioner shall make and subscribe an oath or affirmation before the Governor or some
other person appointed by him in that behalf.
 Resignation [Section 16(4)]: The State Chief Information Commissioner or a State Information
Commissioner may resign from his office, at any time, by writing under his hand addressed to
the Governor. However, the State Chief Information Commissioner or a State Information
Commissioner may be removed in the manner specified under Section 17.
 Salaries and allowances [Section 16(5)]:
 The salaries and allowances payable to and other terms and conditions of services of the
State Chief Information Commissioner shall be the same as that of an Election
Commissioner.
 The salaries and allowances payable to and other terms and conditions of service of the
State Information Commissioner shall be the same as that of the Chief Secretary to the
State Government.
POWER AND FUNCTIONS OF THE INFORMATION
COMMISSIONS
[BOTH CENTRAL & STATE INFORMATION COMMISSIONS]
(1) Power to receive and inquire into the complaints [Section 18 (1)]: Such complaints can
made by any person under the following circumstances:
 When a person is unable to submit a request to a Public Information Officer (PIO) for any
reason.
 If a person has been refused access to any information requested under the RTI Act.
 If a person has not been given a response to a request for information or access to
information requested under this Act.
 If a person has been required to pay an amount of fee which he or she considers
unreasonable.
 If a person believes that he or she has been given incomplete, misleading or false
information under this Act.
 Any other matter relating to requesting or obtaining access to records under this Act.
CONTINUED…
(2) Inquiry by the Information Commission [Section 18 (2)]: Under Section 18(2), the
Central Information Commission or State Information Commission may initiate an inquiry if it
is satisfied that there are reasonable grounds to inquire into ay matter.
(3) Power of a Civil Court [Section 18 (3)]: While inquiring into any matter under Section 18,
the Central Information Commission or State Information Commission has the same powers
are vested in a civil court while trying a suit under the Code of Civil Procedure 1980. This
power has been enumerated under the following heads:
 To summon and enforce the attendance of persons and compel them to give oral or written
evidence on oath and to produce the documents or thing;
 To require the discovery and inspection of documents;
 To receive evidence on affidavit;
 To requisition any public record or copies thereof from any court or office;
 To issue summons for examination of witnesses or documents; and
 Any other matter which may be prescribed.
(4) Power to examine any record [Section 18(4)]: During the inquiry of any complaint under
this Act, the Central Information Commission or the State Information Commission may
examine any record to which this Act applies which is under the control of the public authority
 HOW, WHEN AND WHERE TO FILE AN APPEAL?
Where to lodge? (Appellate Time for lodging an
Appeal Reason for lodging appeal
Authority) appeal
(1) First Appeal  Decision not received within Departmental Appellate Authority Within 30 days from the
the time specified in [Appellate Authority who is senior in expiry of stipulated period to
Section 7(1) or section rank to PIO] give information or from the
7(3) (a) date of the receipt of the
 Person is aggrieved by the decision by PIO.
decision of PIO
(2) Second  No decision received from For matters concerned with public Within 90 days from the date
Appeal the First Appeal ; or authorities affiliated to the Central on which applicant actually
 Applicant not satisfied with Government, the appeal to the receives the order of the
the decision received from Central Information Commission First Appeal Authority as the
the first appeal. and for matters concerned with date on which decision
Public authorities of the State should have been made by
Government, the State Government, the first Appellate Authority.
file appeal to the State Information
Commission.
(3) Appeal to the  Applicant not satisfied with To High Court (under Article 224) or –
Court the decision of the to the Supreme court (under Article
Information Commission. 32)
PENALTIES
Under section 20 (1) of the RTI Act, 2005, the Information Commission can impose a penalty
on the Public Information Officer or any other official, who violates any of the following
provisions:

The PIO refuses to receive an application for information, without any

reasonable cause;
The PIO, without any reasonable cause, does not furnish information
within the time specified under Section 7(1),

The PIO, malafidely denies the request for information,

The PIO knowingly gives incorrect, incomplete or misleading information,

The PIO destroys information which was the subject of the request,

The PIO obstructs in any manner in furnishing the information.

CONTINUED…
KINDS OF PENALTIES IMPOSED

1. Imposition of fine [Section 20(1)] : If a Public Information Officer (PIO) is found guilty of
any of the above violations without any reasonable cause, such PIO can be penalized
under Section 20(1) with a fine of 250/ per day till the information is supplied (in case of
denial of request) or application is received (in case of refusal to accept the information).
However, the total amount of such penalty should not exceed twenty five thousand rupees.

2. Disciplinary Action [Section 20(2)] : Under Section 20(2), the Information Commission
has power to recommend disciplinary action against the PIO under the service rules
applicable to the PIO. Such recommendation for disciplinary action can be made by the
Commission if the PIO is found guilty of persistent violation of any of the above violations
without any reasonable cause.
………… End of Chapter

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