The Right to Information Act, 2005
📘 The Right to Information Act, 2005
The Right to Information (RTI) Act, 2005 is a landmark legislation enacted by the Parliament of India to promote transparency and accountability in the functioning of public authorities by empowering citizens to access information held by the government.
🎯 Objectives of the RTI Act, 2005
To empower citizens to seek information from public authorities.
To promote transparency and accountability in the government.
To reduce corruption by making government functioning open to public scrutiny.
To ensure timely response to citizens’ requests for information.
🏛️ 1. Definition and Scope (Section 2)
Information: Includes any material in any form, such as records, documents, emails, opinions, advices, press releases, circulars, orders, and data held by or under the control of any public authority.
Public Authority: Any authority or body established or constituted by the Constitution, any law, or by the government, including non-government organizations substantially financed by the government.
📋 2. Right to Information (Section 3)
Citizens have the right to request information from any public authority.
Public authorities are required to maintain and provide information proactively.
The Act covers all three branches: Executive, Legislature, and Judiciary, except the courts in their judicial capacity.
🕒 3. Procedure to Obtain Information (Sections 6 and 7)
A citizen can make a request for information in writing or electronically to the Public Information Officer (PIO) of the concerned public authority.
The PIO must provide the information within 30 days.
For information concerning life or liberty, the timeframe is 48 hours.
If information is denied, the applicant can appeal to an Appellate Authority within the organization or to the State/Central Information Commission.
🚫 4. Exemptions (Section 8)
Information can be denied if it:
Affects sovereignty, security, or strategic interests of India.
Harms privacy, trade secrets, or intellectual property.
Involves Cabinet papers or information affecting foreign relations.
Breaches fiduciary relationships or impairs enforcement of law.
Poses a threat to law enforcement or investigation.
🏢 5. Public Information Officers (PIOs) and Appeals
Every public authority appoints a PIO and a First Appellate Authority.
If the applicant is not satisfied, a second appeal can be made to the Central Information Commission (CIC) or State Information Commission (SIC).
🏛️ 6. Central and State Information Commissions (Sections 12 and 15)
Independent commissions are set up at the central and state levels.
They have powers equivalent to a civil court for summoning witnesses, requiring documents, etc.
They conduct inquiries and can impose penalties on PIOs for non-compliance.
💸 7. Penalties (Section 20)
If a PIO refuses to provide information without reasonable cause, fails to comply, or destroys records, the Commission may impose a penalty of up to ₹25,000.
Repeat offenses can lead to disciplinary actions.
⚖️ Important Case Laws Related to RTI Act, 2005
1. State of Uttar Pradesh v. Raj Narain (1975) (Before RTI Act)
The Supreme Court declared that the right to information is implicit in the right to freedom of speech and expression under Article 19(1)(a).
2. S.P. Gupta v. Union of India (1982)
The Court recognized the right to information as part of the basic structure of the Constitution.
3. Central Board of Secondary Education v. Aditya Bandopadhyay (2011)
The Supreme Court ruled that information relating to examination answer sheets is subject to RTI, unless it violates privacy or other exemptions.
This judgment broadened the scope of the Act, emphasizing transparency.
4. Chief Information Commissioner v. State of Manipur (2011)
The Court upheld the autonomy and independence of the Information Commissions.
It ruled that Information Commissions cannot be brought under the control of the executive.
5. Union of India v. Association for Democratic Reforms (2002)
Held that the criminal antecedents of election candidates must be disclosed under the RTI Act for voter awareness.
📝 Summary of Key Provisions
| Aspect | Description |
|---|---|
| Right to Information | Citizens can request info from public authorities |
| Time Limit | 30 days (48 hours in life/death cases) |
| Exemptions | Security, privacy, trade secrets, Cabinet papers |
| Public Information Officers | Designated officials to provide information |
| Appeals | Internal, State/Central Information Commissions |
| Penalties | Up to ₹25,000 for PIOs who refuse or delay info |
✅ Conclusion
The Right to Information Act, 2005 is a powerful tool that enables citizens to hold government accountable and ensures transparency in administration. It has transformed governance by empowering ordinary people with the right to know about government actions and decisions.
The Act also balances transparency with legitimate exemptions to protect sensitive information. Its effective implementation depends on the independence of Information Commissions and the cooperation of public authorities.
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