Object, Application, Definitions and Salient Features of RTI Act, 2005

Introduction

In a democratic society like India, the power of governance lies with the
people, and it is exercised by their elected representatives. This system
presupposes the existence of an informed citizenry. Transparency,
accountability, and openness in the functioning of the government are key
components of a healthy democracy. Recognizing this, the Indian Parliament
enacted the Right to Information Act, 2005, often abbreviated as RTI Act. The
RTI Act is one of the most empowering legislations that strengthens
participatory democracy in India by giving citizens the legal right to access
information from public authorities.

The Act seeks to promote transparency and accountability in the working of

every public authority by empowering the citizens to seek information
regarding the government's functioning and decisions. This essay aims to
explain in detail the objectives, application, definitions, and salient
features of the Right to Information Act, 2005, with references to statutory
provisions and relevant case law.

Object of the RTI Act, 2005

The primary object of the RTI Act is to empower citizens by promoting

transparency and accountability in the administration. The preamble of the
Act states that it is meant to "provide for setting out the practical regime of
right to information for citizens to secure access to information under the
control of public authorities."

Some of the core objectives of the RTI Act are:

1. Transparency in Governance

The RTI Act aims to bring transparency in the administration by providing

citizens access to information, thereby reducing secrecy in governmental
affairs. It acts as a deterrent against arbitrary decisions and misuse of power
by public officials.

2. Accountability of Public Authorities

The Act establishes mechanisms to hold public authorities accountable for

their actions and decisions. When citizens can question the actions of public
officials and demand reasons, it leads to greater responsibility and diligence
in official conduct.

3. Empowerment of Citizens

Information is power. By legally empowering citizens to demand and obtain

information, the Act enables people to participate actively in governance and
decision-making processes.

4. Reduction in Corruption

Corruption often thrives in secrecy. When governmental operations are

exposed to public scrutiny through information disclosure, it reduces the
scope for corrupt practices and fosters integrity.

5. Strengthening Democracy

The RTI Act reinforces the democratic ethos of the country. It upholds the
idea that sovereignty lies with the people, and they have a right to know
what their government is doing in their name.

Application of the RTI Act, 2005

The application of the RTI Act is wide-ranging and extends to a variety of

public authorities and functions. It includes mechanisms and procedures
through which citizens can apply for and receive information.

1. Who Can Apply?

As per Section 3 of the RTI Act, “all citizens shall have the right to
information”. Thus, any Indian citizen can file an RTI application. There is
no restriction based on age, gender, caste, or profession.

2. Who Is Bound to Provide Information?

Section 2(h) of the Act defines “public authority”. It includes all authorities
and bodies established or constituted:

 By or under the Constitution,

 By any law made by the Parliament or State Legislature,

 By notification issued by the appropriate government,

 Including any body owned, controlled or substantially financed by the

government.
Examples include government ministries, departments, public sector
undertakings, municipal corporations, universities, etc.

Even certain NGOs and private bodies that receive substantial government
funding are covered under the Act.

3. How to Apply?

An RTI application can be submitted:

 In writing or through electronic means (Section 6),

 To the concerned Public Information Officer (PIO),

 Along with the prescribed fee (usually ₹10),

 In English, Hindi, or the official language of the area.

No reason or personal details (except contact info) need to be provided by

the applicant.

4. Time Limit for Information

Section 7 lays down that the PIO must respond within 30 days of receipt of
the application. If the information concerns life or liberty of a person, the
time limit is 48 hours.

In case the application is filed with an Assistant PIO, an additional 5 days is

allowed.

If the information is denied or not provided within the time limit, the
applicant can appeal or file a complaint.

Key Definitions under RTI Act, 2005

To understand the legal scope and intent of the Act, one must delve into the
important definitions provided in Section 2 of the RTI Act. Some of the
significant definitions are:

1. Information [Section 2(f)]

"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, and data material,

 Whether held in electronic form or not.

It also includes information related to a private body that can be accessed by

a public authority under any law.

2. Record [Section 2(i)]

"Record" includes:

 Any document, manuscript, file,

 Microfilm, microfiche, facsimile copy,

 Reproduction of image or any other material produced by a computer

or any other device.

3. Right to Information [Section 2(j)]

"Right to Information" includes the right to:

 Inspect works, documents, and records,

 Take notes, extracts, or certified copies,

 Take certified samples of materials,

 Obtain information in electronic or print formats.

4. Public Authority [Section 2(h)]

A public authority includes any authority, body, or institution:

 Constituted by the Constitution or by any law,

 Established by notification by the appropriate government,

 Including bodies owned, controlled, or substantially financed by the

government.

5. Competent Authority [Section 2(e)]

The term refers to:

 The Speaker of the Lok Sabha or Legislative Assembly,

 The Chief Justice of India or High Court,

 The President or Governor,

  Or other competent administrative heads, depending on the body.

Salient Features of the RTI Act, 2005

The Right to Information Act, 2005 is a landmark legislation with several

distinctive features aimed at ensuring effective access to information for
citizens. The key features include:

1. Statutory Right to Information

The Act provides a legal right to information to every Indian citizen. This
transforms a previously implied right under Article 19(1)(a) (Freedom of
speech and expression) into an explicit and enforceable statutory right.

2. Wide Coverage

The RTI Act covers central, state, and local governments, including public
sector undertakings, judiciary (administrative side), educational institutions,
municipal bodies, and even NGOs receiving significant government funding.

3. Appointment of PIOs

Every public authority is required to appoint:

 Public Information Officers (PIOs) to deal with RTI requests,

 Assistant PIOs at sub-divisional levels to assist applicants,

 First Appellate Authorities for redressal.

This structured approach helps in efficient disposal of applications.

4. Time-bound Disposal

The Act lays down strict timelines for providing information:

 30 days in general cases,

 48 hours in life or liberty matters,

 40 days if application is sent to Assistant PIO.

Failure to comply can result in penalties.

5. Exemptions from Disclosure

Section 8 of the Act provides certain exemptions where information may be

denied, such as:
  National security and sovereignty,

 Commercial confidence and trade secrets,

 Personal information unrelated to public interest,

 Information forbidden by courts or affecting parliamentary privilege.

Despite exemptions, in cases where public interest outweighs the harm, the
information may still be disclosed.

6. Penal Provisions

The Act empowers the Central or State Information Commission to impose

penalties of ₹250 per day (up to ₹25,000) on PIOs for:

 Refusal to receive application,

 Delays in providing information,

 Malafide denial of request,

 Providing false or misleading information.

7. Two-tier Grievance Redressal

The Act provides a grievance redressal mechanism through:

 First Appeal to the senior officer in the concerned department,

 Second Appeal to the Central/State Information Commission.

Complaints can also be lodged directly in case of violation of rights under the
Act.

8. Role of Information Commissions

Both the Central Information Commission (CIC) and State Information

Commissions (SICs) are independent statutory bodies that:

 Hear appeals and complaints,

 Monitor implementation of the Act,

 Recommend reforms to public authorities.

9. Annual Reports

Every public authority must submit annual reports on the implementation of

RTI provisions, which are tabled in Parliament or State Legislatures.
10. No Need to State Reasons

Applicants are not required to provide any reason or justification for seeking
information. This is a critical feature that protects the applicant’s autonomy
and ensures non-discrimination.

Landmark Judgments Supporting RTI

Several judicial decisions have reinforced the significance and scope of the
RTI Act:

1. State of Uttar Pradesh v. Raj Narain (1975)

The Supreme Court observed 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."

This judgment laid the foundation for the right to information as a

fundamental right under Article 19(1)(a).

2. Union of India v. Association for Democratic Reforms (2002)

The Court held that citizens have the right to know the antecedents of
candidates contesting elections. It affirmed that the right to information is
part of the right to freedom of expression.

3. CBSE v. Aditya Bandopadhyay (2011)

The Supreme Court clarified that even examination answer sheets fall within
the ambit of "information" and can be accessed under RTI.

Challenges in Implementation of RTI

Despite being a powerful tool, the implementation of RTI faces several

hurdles:

1. Bureaucratic Resistance

Many officials are still reluctant to share information, fearing exposure of

inefficiency or corruption.

2. Lack of Awareness

A significant portion of the population, especially in rural areas, is unaware of

their rights under the RTI Act.
3. Delay and Backlogs

Information Commissions are burdened with a huge backlog of cases, leading

to delays in disposal.

4. Threats to RTI Activists

There have been cases of harassment and even murders of RTI activists,
pointing to the dangers faced by whistleblowers.

5. Poor Record Management

Many public authorities lack proper record-keeping systems, which makes

retrieval and sharing of information difficult.

Conclusion

The Right to Information Act, 2005 is a cornerstone of India’s democratic

framework. It empowers citizens to hold public institutions accountable,
reduces corruption, and fosters transparency. However, its effectiveness
depends on its implementation, awareness among the masses, and
protection of those who use it.

While the Act has brought a transformative shift in the relationship between
the state and citizens, continuous efforts are needed to strengthen its
provisions, ensure timely redressal of grievances, and build a culture of
openness in governance.

As future legal professionals, it is imperative to understand, uphold, and

advocate for the RTI Act—not only as a statutory tool but also as an
instrument of social justice and democratic empowerment.