RIGHT TO INFORMATION ACT (RTI), 2005
INTRODUCTION
The Right to Information Act, 2005 (RTI Act) is one of India’s most powerful transparency laws, granting citizens the right to access information held by public authorities. It aims to make the government more accountable, transparent, and responsive to the people it serves.
The foundation of freedom of information traces back to Sweden, which became the first country to enact such a law through its Freedom of the Press Act in 1766. Over the years, several countries including Finland, the United States, Denmark, France, Canada, and New Zealand adopted similar laws. India became the 48th nation to implement the Right to Information when the Act came into effect on 12th October 2005.
Today, more than 90 countries across the world have enacted Right to Information laws, emphasizing the global importance of transparency in governance.
OBJECTIVES OF THE RTI ACT
The Right to Information Act was enacted with the aim of empowering citizens and strengthening democracy. It ensures that government actions are transparent and accountable to the people.
Key objectives include:
· Empowering citizens with the right to seek information from public authorities.
· Promoting transparency and openness in administration.
· Ensuring accountability in governance and public services.
· Preventing corruption and misuse of public power.
· Making the government more responsive and responsible to the governed.
· Enabling citizens to monitor government functioning effectively.
· Reducing administrative arbitrariness and increasing public trust.
By facilitating access to information, the RTI Act enables citizens to actively participate in democracy and demand better governance.
COVERAGE OF THE ACT
The RTI Act has wide applicability across India and covers:
· All of India except the Union Territory of Jammu and Kashmir (since 2019, central RTI rules apply there as well).
· Central, State, and local governments, along with all bodies owned, controlled, or substantially financed by them.
· Non-Governmental Organisations (NGOs) substantially funded, directly or indirectly, by government funds.
· All three organs of the government Executive, Legislature, and Judiciary.
· Information relating to private bodies, if such information can be accessed by a public authority under any other existing law.
DEFINITION OF “INFORMATION”
Under Section 2(f) of the RTI Act, information refers to any material in any form, including:
· Records, documents, memos, e-mails, circulars, orders, reports, and logbooks.
· Samples, models, data material held in any electronic form.
· Information relating to any private body that can be accessed by a public authority under any other law.
Thus, any information whether physical or digital held by a public authority is within the scope of the Act.
PUBLIC AUTHORITY UNDER THE ACT
As per Section 2(h) of the RTI Act, a public authority refers to anybody or institution of self-government established:
· By or under the Constitution of India.
· By any law made by Parliament or a State Legislature.
· By notification or order issued by the appropriate government.
It also includes any organization owned, controlled, or substantially financed by government funds, as well as NGOs that receive major government funding.
Right to Information (Section 2(j))
Every citizen of India has the right to access information held by public authorities. The Right to Information includes the right to:
· Inspect work, documents, and records.
· Take certified copies or extracts of records.
· Obtain samples of materials.
· Receive information in electronic formats like CDs, disks, or printouts.
Applicants are not required to provide reasons for seeking information only minimal contact details for communication.
THIRD-PARTY INFORMATION
A third party under Section 2(n) refers to any person other than the citizen requesting information, including other public authorities.
If the requested information relates to a third party and is treated as confidential, the Public Information Officer (PIO) must:
· Notify the third party before disclosure.
· Allow them an opportunity to present their case against disclosure.
· Withhold information if it contains trade secrets, commercial confidence, or intellectual property unless the public interest justifies its release.
This provision balances transparency with privacy and commercial sensitivity.
EXEMPTIONS FROM DISCLOSURE
The RTI Act also recognizes that not all information can be disclosed. Section 8 lists specific exemptions, including information:
- Affecting the sovereignty, integrity, or security of India.
- Forbidden by a court of law or where disclosure may amount to contempt of court.
- Causing a breach of privilege of Parliament or State Legislature.
- Containing trade secrets, commercial confidence, or intellectual property.
- Obtained in fiduciary relationships, unless larger public interest warrants disclosure.
- Received in confidence from foreign governments.
- That may endanger life or physical safety of any individual.
- Which would obstruct investigations or prosecution of offenders.
- Contained in Cabinet papers, until the decision is finalized.
However, if public interest outweighs potential harm, disclosure may still be allowed.
TIME LIMITS FOR PROVIDING INFORMATION
The RTI Act prescribes strict timelines for responding to applications:
| Nature of Request | Time Limit for Reply |
| Direct application to PIO | 30 days |
| Through Assistant PIO | 35 days |
| Transferred to another public authority | 30 days (from date of transfer) |
| Information concerning life or liberty | 48 hours |
| Information on human rights violations from security agencies | 45 days (with approval of Central Information Commission) |
If information is not supplied within the stipulated time, it is treated as deemed refusal, and the applicant can file an appeal or complaint.
APPEAL AND COMPENSATION
If a citizen is dissatisfied with the response or faces delay, they can file:
· A First Appeal before the Appellate Authority of the concerned department.
· A Second Appeal before the Central or State Information Commission.
If the Commission finds that the applicant suffered loss or detriment due to delay or wrongful denial, it may award compensation.
BAR OF JURISDICTION
Under Section 23, no court has jurisdiction over matters related to decisions made under the RTI Act. Only appeals and reviews under the Act itself are allowed.
SIGNIFICANCE OF THE RTI ACT
The Right to Information Act has transformed governance in India by giving citizens direct access to government functioning. It has:
· Increased accountability and reduced corruption.
· Empowered citizens to question administrative decisions.
· Made public spending and decision-making more transparent.
· Strengthened democratic participation by bridging the gap between the government and the governed.