Right to Information Act, 2005

Dr. Amit Kumar

Institute of Law
Kurukshetra University,
Kurukshetra
Contents...
 Introduction
 Objectives
 Definitions
 Need and Coverage
 Exempted from disclosure of information and
exempted information
 Procedure for requesting Information
 Fees/Charges/Time limit to get information
 Appeal
 Penalities
 Right to Information Act
 Enacted by: Parliament of India
 Enacted on: 15 June 2005
 Assented to : 22 June 2005
 Commenced from: 12 October 2005
 Territorial Extent- Whole India including Jammu and
Kashmir since 5 August 2019 after revocation of Article
370.
 Right to Information Act 2005 mandates timely response
to citizen requests for information available with Govt..
 It is a initiative taken by Department of Personnel and
Training, Ministry of Personnel.
 Objectives
• To empower the citizens, promote transparency and
accountability in the working of the Government.
• The Act is the big step towards making the citizens
informed about the activities of the government.
• Provides a legal framework of citizen’s democratic
right to access to information under the control of
public authorities;
• To promote transparency and accountability in the
functioning of every public authority.
 Definitions
 Public Authority" means any authority or body or institution of
self government established or constituted—
a) by or under the Constitution;
b) by any other law made by Parliament;
c) by any other law made by State Legislature;
d) by notification issued or order made by the appropriate
Government, and includes any—
i. body owned, controlled or substantially financed;
ii. Non-Government organisation substantially financed, directly
or indirectly by funds provided by the appropriate
Government;
 Definitions
 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 which can be accessed by a public
authority
 Need for RTI Act
• Promote openness, transparency and accountability in
the working of all public authority
• Reduce corruption
• Prevent administartive arbitrariness
• Bridging the gap between providers and recepient of
public services
• Make Citizens part of decision making
• Make administative responsive
• Strengthen the foundation of the democracy
 Coverage of RTI
• Covers central, state and local governments and all
bodies owned and controlled or substantially financed
by the respective governments;
• Non-Government organisation substantially financed
directly or indirectly by funds provided by the
appropriate government.
• Information relating to any private body which can be
accessed by a public
• authority under any other law for the time being in
force.
 Exemption of Information
• Sovereignty, security and Integrity of India,
• Scientific or economic interests of the State,
• Relation with foreign State
• Information which has been expressly forbidden to be published by any
court
• Information, the disclosure of which would cause a breach of privilege of
Parliament or the State Legislature;
• Trade secret and Intellectual property
• Fiduciary Relationaship
• Information received from the foreign Government
• Life and physical safety of any person
• Issues under investigation
• Cabinet Papers
• Invasion in Privacy
 Exempted Organisations
• The intelligence Bureau of India (IB)
• The Research and Analysis wing is foreign intelligence agency
of India(RAW of the cabenit secretariat)
• The directorate of the Revenue Intelligence is an Indian
Intelligence Agency (DRI)
• Central Economic Intelligence Bureau
• Directorate of Enforcement
• Narcotic Control Bureau
• Aviation Research Centre
• Special Frontier Force
• The Boarder Security Force in India
• The Central Researve Police Force in India (CRPF)
• The Indo-Tibetan Boarder Police (ITBP)
 Exempted Organisations
• The Central Industrial Security force (CISF)
• The Indo-Tibetan Boarder Police Force(ITBP)
• The Central Industrial Security Force (CISF)
• The National Security Guard (NSG)
• Assam Rifles
• Special Service Bureau
• Special Branch (CID)Andaman Nikobar
• The Crime Branch (CID) Dadra Nagar Haveli
• Special Branch Lakshdweep Police
Girish RamChandaran Deshpande Vs. CIC and others SC 2012
• Facts: Appellant had sought copies of memo, Show Cause Notice
and orders of punishment and details of movableand immovable
properties, investments, income tax returns,lending and borrowing
from Banks and other financial institutions of Mr. AB Lute,
Enforcement Officer. Information denied .
• Decision: Copies of all memos issued to an individual, show cause
notices and orders of censure/punishment etc. are qualified to be
personal information as defined in clause (j) of Section 8(1) of the
RTI Act.The details disclosed by a person in his income tax returns
are “personal information” which stand exempted from disclosure
under clause (j) of Section 8(1) of the RTI Act, unless involves a
larger public interest and the Central Public Information Officer or
the Appellate Authority is satisfied. The performance of an employee
in an organization is primarily a matter between the employee and
the employer and normally those aspects are governed by the
service rules which fall under the expression “personal information”,
the disclosure of which has no relationship to any public activity or
public interest and disclosure of such information would cause
unwarranted invasion of privacy of that individual.
 CBSE Vs. Aditya Bandhopadhyay (SC) Manu/
SC/0932/2011dt.09.08.2011
Supreme held as under in this landmark case:-
A public authority is not required to furnish information
which require drawing of inferences and/or making of
assumptions. It is also not required to provide `advice' or
`opinion' to an applicant, nor required to obtain and furnish
any `opinion' or ‘advice' to an applicant.
The reference to `opinion' or `advice' in the definition of
`information' in section 2(f) of the Act, only refers to such
material available in the records of the public authority.
Many public authorities have, as a public relation exercise,
provide advice, guidance and opinion to the citizens. But
that is purely voluntary and should not be confused with
any obligation under the RTI Act.
Continue...
Indiscriminate and impractical demands or directions under
RTI Act for disclosure of all and sundry information
(unrelated to transparency and accountability in the
functioning of public authorities and eradication of
corruption) would be counter-productive as it will adversely
affect the efficiency of the administration and result in the
executive getting bogged down with the nonproductive
work of collecting and furnishing information. The Act
should not be allowed to be misused or abused, to become
a tool to obstruct the national development and integration,
or to destroy the peace, tranquility and harmony among its
citizens.
Continue...
The nation does not want a scenario where 75% of the staff
of public authorities spends 75% of their time in collecting
and furnishing information to applicants instead of
discharging their regular duties. The threat of penalties
under the RTI Act and the pressure of the authorities under
the RTI Act should not lead to employees of a public
authorities prioritizing ‘information furnishing’, at the cost of
their normal and regular duties.
Khanapuram Gandaiah Vs. Administrative Officer (AP)
and others, 2009 SC

• Issue:- Whether Clarification, reason or questions can be

sought under the RTI Act? (under what circumstances
the Appellate Court had passed the Judicial Order
dismissing the appeal against the interim relief granted
by the Trial Court) ?
• Decision: Under the RTI Act an applicant is entitled to get
copy of the opinions, advices, circulars, orders, etc., but
he cannot ask for any information as to why such
opinions, advices, circulars, orders, etc. have been
passed. No one should be allowed to seek information
as to why and for what reasons a particular decision or
conclusion is taken by the Competent Authority.
Procedure for Requesting Information
 A person, who desires to obtain any information under this Act, shall make
a request in writing or through electronic means in English or Hindi or in
the official language of the area in which the application is being made,
accompanying such fee as may be prescribed, to—
(a) the Central Public Information Officer or State Public Information Officer,
as the case may be, of the concerned public authority;
(b) the Central Assistant Public Information Officer or State Assistant Public
Information Officer, as the case may be, specifying the particulars of the
information sought by him or her:
• Provided that where such request cannot be made in writing, the Central
Public Information Officer or State Public Information Officer, as the case
may be, shall render all reasonable assistance to the person making the
request orally to reduce the same in writing.
 An applicant making request for information shall not be required to give
any reason for requesting the information or any other personal details
except those that may be necessary for contacting him.
 Fees and Charges
• Application fee Rs. 10/-
• If information is required in electronic media-CD/Pen Derive
etc. additional charges will be applicable.
• Photocopy charges of Rs. 2/-per page.
• Inspection charges of relevant file, document and records-
i. No fee for first hour of inspection
ii. Rs. 5/- for every subsequent hour and fraction thereof.
• Processing expenditures incurred by the PIO to be intimated in
writing.
• Applicant can seek review of the decision on fees charged by
the PIO by applying to the appropriate Appellate Authority.
• No fees from people living below the poverty line.
• Free of cost if the PIO fails to comply with in the time limit as
prescribed under the RTI Act.
 Time Limits to get the Information
• 30 days if application is filed with PIO.
• 35 days if application filed with Assistant PIO.
• 48 hours in case the matter to which the information pertains
affects the life and liberty of the person.
 Appeal
• First appeal with Senior in the Department
• Second appeal with Information Commissioner
 Penalties
 If CPIO/SPIO refused to receive an application for
information or has not furnished information within the time
specified under sub-section (1) of section 7 or malafidely
denied the request for information or knowingly given
incorrect, incomplete or misleading information or destroyed
information which was the subject of the request or obstructed
in any manner in furnishing the information, it shall impose a
penalty of two hundred and fifty rupees each day till
application is received or information is furnished, so
however, the total amount of such penalty shall not exceed
twenty-five thousand rupees is to be recovered from the salary
of the official.
 Departmental action, however no criminal liability.
Thank You