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The Right To Information Act: Commonwealth Human Rights Initiative, New Delhi
The Right To Information Act: Commonwealth Human Rights Initiative, New Delhi
Law came into The Right to Information Bill was introduced in the Lok Sabha in December 2004. It was passed
operation on by both houses of Parliament with major amendments in May 2005. The assent of the President
12 October, 2005 was received on June 15 and the Act was notified in the Gazette on June 21. The law will become
operational by mid-October 2005.
This law was passed by Parliament to enable citizens to exercise their fundamental right to
information held by public authorities all over the country (except Jammu and Kashmir). The RTI
Act aims to bring about transparency in the functioning of public autorities, contain corruption
and hold Governments and their instrumentalities accountable to people. It creates a process for
providing information to people. The RTI Act places a duty on officers to provide information to
people both proactively and upon request. It provides for a two-tier appeals mechanism to deal
with complaints of unreasonable denial of information by public authorities. This law will have an
overriding effect vis-à-vis the Official Secrets Act, 1923 and all other laws and orders passed by
Governments that restrict information flow to people.
Coverage: Chapter I
Geographical: Covers all of India except Jammu and Kashmir (Jammu and Kashmir passed its
own Freedom of Information Act in 2004)
Jurisdictional: Covers offices of Public Authorities established, owned or substantially financed
by the Central Government, the State Governments and the Administration of the Union
Territories (will include, Panchayats, municipalities and other local bodies). Any body owned,
controlled or substantially financially by these governments is also included. This law will be
applicable to all non-government organisations substantially financed directly or indirectly by these
governments.
Other Bodies: Information relating to a private body that can be accessed by a public authority
under any law in force is also covered by the RTI Act.
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All exemptions subject to public interest override. If public interest outweighs harm to the
public authority information must be disclosed. The power to decide whether public
interest is with the Public Information Officer and the Appellate Authorities (see below).
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Includes any body owned or controlled by the Central and State Governments.
Any body constituted by notification issued or order made by the appropriate government.
Any body owned controlled or substantially financed by the appropriate government.
Any non-government organizations substantially financed directly of indirectly by funds provided
by the appropriate government.
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8) Advice given by the boards, councils, committees and other bodies consisting of two or
more persons. Additionally information as to whether the meetings of these are open to
the public, or the minutes’ of such meetings are accessible to the public;
9) A directory of its officers and employees;
10) The monthly remuneration received by each of its officers and employees, including the
system of compensation as provided in its regulations;
11) The budget allocated to each of its agency, indicating the particulars of all plans, proposed
expenditures and reports on disbursements made;
12) The details of the implementation of subsidy programmes, including the amounts allocated
and the details and beneficiaries of such programmes;
13) Particulars of recipients of concessions, permits or authorisations granted by it;
14) Details of the information available to, or held by it, reduced in an electronic form;
15) The particulars of facilities available to citizens for obtaining information, including the
working hours of a library or reading room, if maintained for public use;
16) The names, designations and other particulars of the Public Information Officers.
17) Any other information that may be necessary.
This proactive disclosure must be carried out with immediate effect and in any case
completed within 120 days of the enactment of this law. Thereafter it must be updated
every year.
This information should be easily accessible with the PIO as far as possible in electronic
format, free of cost or at such cost of the medium or the print cost price that the
Government may prescribe.
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3) Give information in the form in which it is originally sought subject to resource constraints
ad preservation of the record in question.
4) Give written reasons for rejection of information request, details of the time limit for
appeals and the appropriate Appellate Authority.
5) If allowing partial access he shall give notice to the applicant stating
a) which part will be provided after severing the exempt portions,
b) reasons for arriving at this decision including findings on any factual matter relating
to the materials on which the findings are based
c) name and designation of the person who gave this decision
d) details of fees to be deposited
e) applicant’s rights to seek review of the decision on fee charged or the decision
taken – including details of the Appellate Authority and the time limit for filing the
review/appeal.
6) If information sought has been supplied by third party or is treated as confidential by the
third party PIO must give written notice to the latter within 5 days of receiving the
information request and take its representation into consideration.
7) Third party must be given a chance to make a representation (oral or written) before the
PIO within 10 days of receiving the notice.
Fees: Section 7
1) Application fees to be prescribed which must be reasonable.
2) If further fees are required then the same must be intimated in writing with calculation
details of how the figure was arrived at.
3) Applicant can seek review of the decision on fees charged by the PIO by applying to the
appropriate Appellate Authority.
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4) No fees will be charged from people living below the poverty line. This benchmark will be
decided by the appropriate government.
5) Applicant must be provided information free of cost if the decision to release information
is taken after the time limit.
Supervisory Mechanism:
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Appointment Process and Qualifications: Section 12
1) Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the
Lok Sabha and one Cabinet minister to be nominated by the Prime Minister. (if there is no
Leader of Opposition then the Leader of the single largest group in Opposition in the Lok
Sabha will sit on the Committee)
2) Candidates must be eminent person in public life with knowledge and experience in law,
science, technology social service, management, journalism mass media or administration
and governance.
3) No MP or MLA can be appointed CIC or IC during their term of service. They will have
to give up that post upon appointment to the Information Commission.
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3) If Supreme Court recommends removal on such grounds then CIC or IC may be removed
from office by order of the President.
4) But President may also order removal of IC or DIC without reference to the Supreme
Court on grounds of –
a) insolvency
b) convicted of an offence involving moral turpitude
c) takes up any paid job outside official duties during the term of office
d) infirmity of body or mind
e) has acquired financial or other interest which is likely to affect his/her functioning
as CIC or IC.
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a) summoning and enforcing attendance of persons, compelling them to give oral or
written evidence on oath and to produce documents or things
b) requiring the discovery and inspection of documents
c) receiving evidence on affidavit
d) requisitioning public records or copies from any court or office
e) issuing summons for examination of witnesses or documents
f) any other matter which may be prescribed.
4) All records covered by this law (including those covered by exemptions) must be given to
CIC/SCIC during inquiry for examination.
6) Power to secure compliance of its decisions from the Public Authority includes-
a) appointing a PIO where none exists (if a public authority has not appointed one)
b) publishing information or categories of information
c) making necessary changes to the records management, maintenance and
destruction procedures of the Public Authority.
d) enhancing training provision for officials on RTI.
e) Seeking an annual report from the Public Authority on compliance with this law
f) Require it to compensate for any loss or other detriment suffered by the requestor
g) Impose penalties under this law
h) Reject the appeal
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iii) malafidely denying information;
iv) knowingly giving incomplete, incorrect, misleading information;
v) destroying information that has been requested and
vi) obstructing furnishing of information in any manner.
The Information Commission (IC) at the Centre and the State levels will have the power to impose
this penalty. The Information Commission can also recommend disciplinary action for persistent
violation of the law against an erring PIO.
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