The Right to

Information
Act of 2005
History
 On April 6th 1996, the MKSS announced a strike in the
city of Beawar in Ajmer, Rajasthan.
 After a series of public hearings exposed systemic
corruption across Rajasthan, and the reneging of the
promise of the Right to Information given by the then Chief
Minister of Rajasthan, the Mazdoor Kisan Shakti
Sangathan began a historic forty-day-long dharna (sit
in protest) to demand the Right to Information.

 Protestors came from across rural Rajasthan to the city

of Beawar.

 The novelty of this protest was the demand for

information by the poor instead of expected basic needs
like food and shelter.
 During the protest, a memorandum was given to
the sub-divisional officer at Beawar that
demanded local expenditure records.
 The protest began with support from over one
hundred and fifty villages.

 It was supported by donations of grain from

these villages and individuals in Beawar.

 Almost forty-six thousand rupees were donated

to keep the protest going.
 Nearby vegetable vendors donated to
the protestors providing them with food
and water.
 Doctors offered their services.

 Localpeople joined in and walked with

the rural protestors.

 Thepeople of Beawar embraced the

protest and began to make it their own.
 The protest was marked by cultural expression
including song, theatre and puppetry.

 Local cultural groups joined in.

 These included a group of devotional singers

(Bhajan Mandali) who would sing parodies of
devotional songs in support of the demands of
the protestors.

 Bagpipers and local poets also joined in.

 Local trade unions also lent their support.

 As the protest gained momentum, people began to visit
Beawar from across the country to see the extraordinary
happenings that were taking place in this small city in
Rajasthan.

 Journalists, lawmakers, and artists, amongst many others

came to the city of Beawar.

 Senior journalists who visited included Nikhil

Chakravartty, Kuldip Nayar, and Prabhash Joshi. Prabhash
Joshi wrote a historic editorial in the Jansatta newspaper
titled "Hum Jaanenge, Hum Jiyenge" (We will know, we
will live).

 This title became a slogan of the RTI movement in India

and was modified to say "the right to know is the right to
live".
Jan Sunwaii (Public
Hearings)
 One of the innovations of the MKSS was the method of Jan
Sunwaiis or Public Hearings where detailed documents
derived from official expenditure records were read
aloud to the people of the villages who gathered.

 Jan Sunwaiis are organized independent of the

government but government officials are invited to
attend.

 In the form of a hearing, people are invited to give their

testimonies which often reveal differences between
official records and people's experiences.

 Before the existence of the RTI Act, it was very difficult to

access official records and not many Jan Sunwaiis could be
organized.
Introduction
 Every citizen of India has a right to free
speech and expression under Article 19(1)
(a) of the Constitution of India.

 Thisright does not only cover the

communication of information but also the
receipt of information since without adequate
information, a person cannot form an informed
opinion.

 Thus, the right to know and seek information

is an integral part of the fundamental right
enshrined under Article 19(1)(a).
Introduction
 The Hon’ble Supreme Court has also held that
the right of the citizens to know, and to receive
information regarding matters of public concern
is a fundamental right flowing from Article 19(1)(a).

 The right to information is a fundamental

right under Article 19 (1) of the Indian
Constitution.

 In 1976, in the Raj Narain vs the State of Uttar

Pradesh case, the Supreme Court ruled that
Right to information will be treated as a
fundamental right under article 19.
 TheSupreme Court held that in
Indian democracy, people are the
masters and they have the right to
know about the working of the
government.

 Thusthe government enacted the

Right to Information act in 2005
which provides machinery for
exercising this fundamental
The Right to Information Act
of 2005
 Theact is one of the most important acts which
empowers ordinary citizens to question the
government and its working.

 Thishas been widely used by citizens and

media to uncover corruption, progress in
government work, expenses related
information, etc.

 Allconstitutional authorities, agencies, owned

and controlled, also those organizations which
are substantially financed by the government
comes under the purview of the act.
 Theact also mandates public
authorities of union government
or state government, to provide
timely response to the citizens’
request for information.

 The act also imposes penalties if

the authorities delay in responding
to the citizen in the stipulated
time.
 The
right of a citizen to question the
government on its various policies and
measures forms the very essence of a
democracy.

 In
order to exercise this right and to hold the
government accountable for its actions, the
people must have access to the information
regarding the affairs of the government.

 This is what RTI does.

 Itinforms the citizen regarding the
affairs of the government and
thereby ensures the active
participation of a citizen in the
working of the democracy at all
times and not just once during
voting.

 RTIis an index to measure the

growth and development of a
Brief background
 The first central legislation dealing with the right to
information in India, namely, the Freedom of
Information Act, 2002 was passed on December 4,
2002, but was not notified.

 In 2004, the UPA (United Progressive Alliance)

government appointed a National Advisory Council
(NAC) which had recommended some changes in the
Freedom of Information Act, 2002.

 The amended act known as “The Right to Information

Act, 2005” was passed on 11th May 2005 and 12th
May 2005 by the Lok Sabha and Rajya Sabha
respectively.

 The President of India gave his assent to the Act on 15th

June 2005 and it came into force on 12th October 2005.
What type of information can
be requested through RTI?
 The
citizens can seek any information from the
government authorities that the
government can disclose to the parliament.

 Someinformation that can affect the

sovereignty and the integrity of India is
exempted from the purview of RTI.

 Information
relating to internal security,
relations with foreign countries,
intellectual property rights (IPR), cabinet
discussions are exempted from RTI.
Objectives of the Right to
Information Act, 2005
 Toprovide for a practical framework that
allows the citizens to access the information
under the control of public authorities.

 Topromote transparency and accountability

in the working of governments and their
instrumentalities.

 Toprovide for the constitution of Information

Commissions at state and national level for
discharging the functions and exercising
the powers under the Act.
 To develop an informed citizenry.

 To contain corruption.

 Tolay down the exemptions to

disclosure of information when such
disclosure is likely to conflict with
other public interests and to harmonize
these conflicting interests while
preserving the paramountcy of the
democratic ideal.
Significance of the RTI Act

 The RTI Act, 2005 empowers the citizen to

question the secrecy and abuse of power
practiced in governance.

 It is through the information commissions at the

central and state levels that access to such
information is provided.

 RTI information can be regarded as a public good,

for it is relevant to the interests of citizens
and is a crucial pillar for the functioning of a
transparent and vibrant democracy.
 The information obtained not only helps in making
government accountable but also useful for other
purposes which would serve the overall interests
of the society.

 Every year, around six million applications are filed

under the RTI Act, making it the most extensively
used legislation globally.

 These applications seek information on a range of

issues, from holding the government accountable
for the delivery of basic rights and entitlements
to questioning the highest offices of the country.
 Using the RTI Act, people have sought information that
governments would not like to reveal as it may expose
corruption, human rights violations, and
wrongdoings by the state.

 The access to information about policies, decisions and

actions of the government that affect the lives of
citizens is an instrument to ensure accountability.

 The Supreme Court has, in several judgments, held that

the RTI is a fundamental right flowing from Articles
19 and 21 of the Constitution, which guarantee to
citizens the freedom of speech and expression and
the right to life, respectively.
 Important definitions in
the Right to Information
Act, 2005 : Section 2

Section 2 of the RTI act, 2005

defines various important terms,
some of which are dealt with as
follows:
Appropriate Government
[Section 2(a)]
 Section 2(a) of the Act provides for the definition of “appropriate
government”.

 Appropriate government means the government in relation to a

public authority dealing with the right to information.

 Such authority is established, constituted, owned, controlled or

substantially financed by the Central Government, union
territory administration or the State Governments.

 Thus, in case of a public authority associated with the central

government/union territory administration in the aforesaid
manner, the appropriate government is the ‘Central
Government’.

 Whereas, in the case of a public authority associated with the

state government in the ways mentioned above, the appropriate
Competent authority
[Section 2(e)]
 Section 2(e) of the Act provides for ‘competent
authority’.

 Competent authority is the authority in charge of the

autonomous institutions functioning under the
provisions of the Constitution.

 Such authority has the ultimate responsibility for the

enforcement of the RTI Act in those institutions.

 For example, in the case of the Supreme Court of

India, the Chief Justice of India is the competent
authority. Competent authority means:
 Speaker of Lok Sabha

 Chairman of Rajya Sabha

 Speaker of Legislative Assembly of a

State/UT

 Chairman of Legislative Council of a

State
 Chief
Justice of India in the case of the
Supreme Court

 Chief Justice of a High Court

 President or the Governor, as the case may

be, in the case of other authorities established
or constituted by or under the Constitution

 Administrator appointed under Article 239 of

the Constitution
Information [Section 2(f)]

 Section 2(f) provides for the kinds of information which can

be accessed under the right to information act.

 Information means any material in any form including:

 Records (written details including any map, drawing etc. of

any act, policy or decision pertaining to a public authority)

 Documents (a part of a record or an independent

document or a piece of information containing details on a
particular subject or decision of public authority)

 Memos (these may be in the form of a correspondence or a

note on a particular subject)

 E-mails
 Opinions (opinions of a government department
or government officials conveyed in official
dealings forming part of official record)

 Advices (advices on official matters forming part

of official record)

 Press releases (press briefings or press notes on

official matters when released in official capacity)

 Circulars (circulars notifying a particular decision

or policy of government/public authority circulated
in official capacity)
 Orders (any order issued by public authority in
official capacity)

 Logbooks (documents containing details,

measurements, data of a particular project of
public authority)

 Contracts (official contracts entered into by the

public authorities and the details thereof)

 Reports (reports regarding official matters

including test reports, inquiry reports, expert
reports on a particular subject)
 Papers (papers regarding official proceedings)

 Samples (samples from materials to be

purchased/consumed in connection with
government affairs)

 Models (models of programs and projects to be

undertaken)

 Data material held in any electronic form (data

stored in computer, pen drives, CDs)
Public authority [Section
2(h)]
 Section 2(h) defines “public authority”.

 Public authority is an authority or body or institution of self-

government which is directly or indirectly related to the
government.

 Such authority may be related to the government in any of the

following ways:

 It is established or constituted by or under the Constitution

 It is created by an Act of Parliament

 It is created by an Act of State Legislature

 It is established or constituted by a notification issued or

order made by the appropriate government.
 The public authority also includes:

 anybody owned, controlled, or

substantially financed;

 any NGO substantially financed,

 directly
or indirectly by funds
provided by the appropriate
government.
Record [Section 2(i)]

 Asprovided under Section 2(i) of the Act,

a record may include any:

 Document: It may refer to any piece of

information or a set of papers
containing information on a particular
subject.

 Manuscript: It may denote the original

form of a handwritten document,
map or drawing.
 File:
Collection of papers or connected
documents on a particular subject.

 Electronic documents in the form of

microfilm, microfiche, and facsimile copy.

 Electronic
documents reproduced in the form
of images.

 Anyother material produced or generated

through a computer or any other device.
 Right to information
[Section 2(j)]
Section 2(j) defines “right to
information”.
It means the right to obtain the
information accessible under the RTI
Act which is held by or is under the
control of any public authority. Such
right includes:
Right of inspection

 This
refers to the right to look and
scrutinize closely the documents,
works and records.

 Here,no document or its copy is

obtained in any form and the
information is simply seen and
scrutinized.
Right of taking notes,
extracts etc.
 Taking
notes or extracts means noting
down certain information from the
documents.

 Here,important information is noted

down from the documents and even
original extracts from the documents
can also be copied.

 The right also permits the taking of

certified copies of documents or records.
Right to take certified
samples of material
 A citizen has a right to obtain
certified samples of material
purchased or used by the
government.
Right to obtain information
in electronic mode
 Where the information sought is
stored in a computer or any other
electronic device, the RTI Act permits
the citizen to obtain information in
electronic form such as in the form of
tapes, video cassettes, floppies,
diskettes etc or in the form of
printouts as well.
Important provisions under the
Right to Information Act, 2005

 Section 2(h): Public authorities mean all

authorities and bodies under the union
government, state government or local bodies.
The civil societies that are substantially funded,
directly or indirectly, by the public funds also
fall within the ambit of RTI.

 Section
4 1(b): Government has to maintain
and proactively disclose information.

 Section6: Prescribes a simple procedure for

securing information.
 Section7: Prescribes a time frame
for providing information(s) by PIOs.

 Section
8: Only minimum information
exempted from disclosure.

 Section8 (1) mentions exemptions

against furnishing information under
the RTI Act.
 Section 8 (2) provides for disclosure of information
exempted under the Official Secrets Act, 1923 if the
larger public interest is served.

 Section 19: Two-tier mechanism for appeal.

 Section 20: Provides penalties in case of failure to

provide information on time, incorrect, incomplete or
misleading or distorted information.

 Section 23: Lower courts are barred from entertaining

suits or applications. However, the writ jurisdiction of
the Supreme Court of India and high courts under
Articles 32 and 226 of the Constitution remains
unaffected.
Salient features of the Right
to Information Act, 2005
 Rightto Information and Obligations
of public authorities: Chapter II

 Section 3 of the Act provides for the

right of the citizens to obtain
information subject to the provisions
of the Act.
Obligations of public
authorities: Section 4
 Section4(1) lists the following obligations of
public authorities:

 Maintenance of records: Every public authority is

required to maintain all its records duly
catalogued and indexed. In order to facilitate
access to its records, the public authority shall
ensure that all the records that are appropriate
for computerisation are computerised and
connected through a network across the country
on various systems within a reasonable time
frame and according to resource availability.
Publication of certain
matters:
 Every public authority is required to publish certain
particulars within 120 days of the enactment of
the Act, some of which are enumerated below:

 the particulars of its organisation, functions, and

duties;

 the powers and duties of its officers and

employees;

 the procedure followed in the decision-making

process, including channels of supervision and
accountability;
 where any arrangement exists for public
representation or public consultation in matter
of policy formulation or implementation of
policy of public authority, the particulars of
such arrangement;

 Employee directory of such public authority

 Monthly salary given to employees and officers

 Details of budget allocated to its agencies

 Details
regarding manner of
execution of subsidy programmes

 Detailsregarding information held in

electronic form

 Particularsof facilities available to

citizens for obtaining information
 Names and designations of the Public
Information Officers etc.

 Whileformulating key policies or decisions

that affect the public, a public authority
must publish all the relevant facts
regarding the same.

 Every public authority shall provide reasons

for its judicial or administrative decisions to
those affected by it.
Suo-moto furnishing of
information: Section 4(2)
 Section 4(2) provides for the
obligation of the public authority to
make efforts for providing
information suo moto to the public at
regular intervals using various
modes of communication.
Dissemination of information:
Section 4(3) and 4(4)
 Section4(3) provides for wide dissemination of
information in a manner that is easily
accessible to the public.

 Section 4(4) provides that the dissemination of

information has to be done after considering
the following factors:

 cost-effectiveness,
 locallanguage of an area, and
 the most effective method of communication in
a particular local area.
Designation of Public
Information Officers: Section 5

 Section 5(1) provides for the

designation of Central Public
Information Officers (CPIOs) and
State Public Information Officers
(SPIOs) by every public authority
within 100 days from the enactment
of this Act. Such officers have a duty
to provide information requested
under the Act.
 Section 5(2) provides for the designation of
Central Assistant Public Information Officer or
a State Assistant Public Information Officer at
each sub-divisional level or other sub-district
level. Such officers shall receive applications
for information or appeals under the Act for
forwarding the same to the CPIO/SPIO or the
senior officer specified under Section 19(1)
or the Central Information Commission or
the State Information Commission, as the
case may be.
Duty/Function of public
information officers
 Section5(3) provides for the
following duties of CPIOs and SPIOs:

 To
deal with requests from the
person seeking information, and

 Toprovide reasonable assistance to

the person asking for information.
Request for obtaining
information: Section 6
Manner of making a request
for information
 Section 6(1) provides for the manner of making a request by a
person who desires to obtain any information under this Act.

 Manner of making requests: In writing or through electronic

means.

 Language: English/Hindi/official language of the area in which the

application is being made.

 Any fee: Such application shall be accompanied by the prescribed

fee.

 To whom application is made: To the CPIO/SPIO of the

concerned public authority or to the Central Assistant Public
Information Officer/State Assistant Public Information Officer.

 Contents of application: Particulars of information sought by the

applicant.
When the request cannot be
made in writing
 The proviso to Section 6(1) deals
with a case where the applicant has
made an oral request for
information. It states that where a
person cannot make a written
request, the CPIO/SPIO shall assist
such person to reduce his request in
writing.
Applicant need not give his
details
 Asper Section 6(2), a person seeking
information under the Act need not
disclose any reason for such request
or his personal details except such
information that might be required
for contacting him.
When the information requested is
held by another public authority,
etc.
 Section 6(3) deals with the case where an
application is made to a public authority requesting
information that is held by another public authority,
or the subject matter of which is more closely
related with the functions of another public
authority.
In this case, the public authority to whom the
application is filed must transfer the application, or
the concerned portion of it, to that other public
authority and notify the applicant of the transfer as
soon as possible.
The section provides for a maximum of five days for
transferring the application.
Disposal of request: Section
7
 Period within which information to be furnished

 Section 7(1) provides for expeditious disposal of the

request for information by the CPIO/SPIO. The CPIO/SPIO
shall within thirty days of receiving the request, either:

 Accept the request which means providing information

after the fee prescribed has been paid, or

 Reject the request for reasons as specified under Section 8

and Section 9.

 Thus, a 30 day period is provided for responding to the

request.
 An additional period of five days is allowed in
computing the period for response in the following
cases:

 When the application is received through the

Assistant Public Information Officer.

 When the application is received by way of transfer.

 Also, the information sought has to be provided

within 48 hours of receiving the request where the
said information concerns the life and liberty of a
person.
Failure to decide within 30
days deemed as a refusal
 Section7(2) provides that the failure
of the CPIO/SPIO to decide on the
request for information within the
prescribed period shall be deemed
as a refusal of the request.
Decision regarding fee
 Section7(3) deals with the case where the
applicant is required to pay a
further/additional fee.

 The sub-section states that where a

decision is made to provide information on
payment of any further fee representing
the cost of providing the information, the
CPIO/SPIO shall send an intimation
regarding the same to the person making
the request.
Such intimation must provide to the
applicant:-

 Information regarding the details of such

additional fees as determined by the
CPIO/SPIO along with the calculations
made to arrive at such an amount.

 Theintimation shall also request the

applicant to pay such additional fee;
 Informationregarding the right of
the applicant to ask for a review of
the decision regarding fees or form
of access.

 The details of the appellate

authority, the time limit, the process
of review, etc. are also required to be
intimated to the applicant.
Access to information
 Section7(4): The CPIO/SPIO shall provide
assistance to enable access to the information
where the person seeking such access is
sensorily disabled.

 Section 7(5): The applicant is required to pay

such fee as may be prescribed for access to
information in the printed or electronic format.
According to the proviso attached to this sub-
section, the fee charged under the Act must be
reasonable. Also, no fee can be charged from
those living below the poverty line.
 Section7(6): Failure of the public authority
to provide the information within the
prescribed time limit entitles the applicant
for access to such information free of any
charge.

 Section7(7): Before making a decision

regarding furnishing of information or
rejection of a request, the CPIO/SPIO has to
consider the representation made by a third
party under Section 11.
Rejection of request under
sub-section (1)
 Section7(8) deals with the rejection of
requests for information. In case, the
CPIO/SPIO rejects a request, he is
required to communicate the following
particulars to the applicant:

 reasons for such rejection;

 the period within which he can file an
appeal against the rejection;
 the details of the appellate authority.
Form of information

 Section 7(9) provides that generally,

the information asked for under the
Act has to be provided in the form in
which it is sought, except where:

 It would lead to disproportionate

diversion of the resources of the
public authority, or
 It would prejudice the safety or
preservation of the record in
Exemption from disclosure of
information: Section 8
 Section 8(1) lists the categories/types of information which is
exempted from disclosure under the RTI Act. There is no obligation
to disclose such information to any citizen. The categories of
information so exempted include:

 Information, disclosure of which would prejudicially affect the

sovereignty and integrity of India, the security, strategic, scientific
or economic interests of the State, relation with foreign State or lead
to incitement of an offence;

 Information, publication of which has been expressly forbidden by

Court or tribunal;

 Information, disclosure of which may amount to contempt of court;

 Information, the disclosure of which would cause a breach of

parliamentary privilege
 Information including trade secrets, commercial
confidence or intellectual property, the disclosure of
which would jeopardise a third party’s competitive
position. Such information can be furnished if the
competent authority determines that it is necessary to
disclose such information in the public interest.

 Information accessible to a person in his fiduciary

relationship. Such information can be furnished if the
competent authority determines that it is necessary to
disclose such information in the public interest.

 Information received in confidence from foreign

government;
 Information, the disclosure of which would endanger
the life or physical safety of any person or identify the
source of information or assistance given in confidence
for law enforcement or security purposes;

 the information that would obstruct the process of

investigating, apprehending, or prosecuting offenders
etc.

 Regardless of anything in the

Official Secrets Act of 1923 or the permissible
exclusions under sub-section (1), a public authority
may allow access to information if the public interest in
disclosure outweighs the harm to protected interests.
Grounds for rejection to access
in certain cases: Section 9

 Section9 provides that a CPIO/SPIO

may reject a request for information
where it would lead to infringement
of copyright owned by a person
other than the State.
Severability: Section 10
 Section 10 provides that if a request for access to
information is denied because the disclosure of the
information is prohibited by the Act, access may be
granted to that part of the record:

 that does not contain any exempt information, and

 can be reasonably separated from any part that

contains exempt information.

 Thus, Section 10 deals with the furnishing of

information after severance of non-exempt
information from the information that is exempted.
 Section 10(2) states that when access is granted to a part of a
record under sub-section (1), then the CPIO/SPIO shall give notice
to the applicant, informing him:

 that only a part of the record requested is being provided after

severing the information that is exempted from disclosure;

 of the reasons for the decision;

 name and designation of the person who made the decision;

 the details of the fees required to be paid by the applicant; and

 of his or her right to file for a review of the decision of non-

disclosure or regarding fee or the form of access provided and
the particulars of the authority competent to review.
Third-party information:
Section 11
 Section11 contains the provision regarding the
disclosure of information related to a third party.

 Under Section 11(1), a third party has to be

notified in writing when the CPIO/SPIO intends to
disclose:

 anyinformation which relates to, or has been

supplied by the third party, and

 such information is treated as confidential by

that third party.
 Such written notice has to be given within five days
of the receipt of the request. The notice shall:
 inform the third party of such request and

 inform the third party of the fact that the CPIO/SPIO

intends to disclose such information and

 invite the third party to make a submission as to

whether the information should be disclosed.

 Such submission shall be taken into consideration

while taking a decision regarding the disclosure of
information.
 The proviso to Section 11(1) states that such
disclosure may be permitted if the public interest
in disclosure outweighs in importance any
possible harm or injury to the interests of such a
third party. However, the proviso shall not be
applicable to trade or commercial secrets
protected by law.

 Section 11(2) provides that the third party shall

be given an opportunity to make representation
against the proposed disclosure within 10 days
from the date of receipt of notice under sub-
section (1).
 According to Section 11(3), the CPIO/SPIO has
to make a decision regarding disclosure within
40 days of the receipt of a request under
Section 6, if the third party has been given an
opportunity of making representation under the
previous sub-section. The notice of the decision
has to be given to the third party in writing by
the CPIO/SPIO.

 Thenotice given under Section 11(3) must

state that the third party is entitled to file an
appeal against the decision.
Central Information Commission and State
Information Commission: Chapters III and
IV

 Information Commissions constituted under the RTI Act

are the supreme authority and the highest decision-
making body under the Act.

 Information Commissions have been constituted at

both the central and state level, known as Central
Information Commission(CIC) and State Information
Commission(SIC) respectively.

 Sections 12-14 of the Act contain the provisions

regarding the constitution, membership, etc. of the
Central Information Commission, whereas, Sections 15-
17 deal with the provisions relating to the State
Information Commission.
Constitution
CENTRAL INFORMATION
COMMISSION (CIC)
 SECTION 12

 Constituted by: Central Government.

 Membership: CIC consists of the following members:-

Chief Information CommissionerCentral Information
Commissioners(Maximum no. of Central Information
Commissioners is 10.)

 Who shall appoint the members of

Commission: President on the recommendation of a
Committee consisting of:Prime Minister(Chairperson of
the Committee)Leader of Opposition in Lok Sabha; andA
Union Cabinet Minister nominated by the Prime Minister.
 Role and responsibilities of the Chief Information

 Commissioner: Power of general superintendence and

direction and management of the affairs of CIC. The Chief
Information Commissioner shall be assisted by the
Information Commissioners.He has the authority to
exercise all the powers and do all acts which may be
exercised or done by the CIC.

 Qualification of members: The Chief Information

Commissioner and Information Commissioner shall be
persons of eminence in public life with wide knowledge
and experience in law, science, technology, social service,
management, journalism, mass media, or administration
and governance.
 Prohibition on membership: The Chief
Information Commissioner and the
Information Commissioners shall not: be an
MP or MLA, orhold any other office of profit or
connected with any political party or engage
in any business or profession.

 Headquarters: The headquarters of CIC

shall be in Delhi. However, the CIC may
establish offices at other places in India after
taking approval from the Central Government.
STATE INFORMATION
COMMISSION (SIC)
 SECTION 15

 Constituted by: State Government.

 Membership: SIC consists of the following members:-

State Chief Information CommissionerState Information
Commissioners (Maximum no. of State Information
Commissioners is 10.)

 Who appoints the members of the

Commission: Governor on the recommendation of a
Committee consisting of the following members:Chief
Minister(Chairperson of the Committee)Leader of
Opposition in Legislative Assembly; andA Cabinet
Minister nominated by the Chief Minister.
 Role and responsibilities of the State Chief
Information Commissioner:Power of general
superintendence and direction and management of the
affairs of SIC.The State Chief Information Commissioner
shall be assisted by the Information Commissioners.He
has the authority to exercise all the powers and do all
acts which may be exercised or done by the SIC.

 Qualification of members: The State Chief Information

Commissioner and Information Commissioner shall be
persons of eminence in public life with wide knowledge
and experience in law, science, technology, social
service, management, journalism, mass media, or
administration and governance.
 Prohibition on membership: The State Chief
Information Commissioner and the Information
Commissioners shall not: be an MP or MLA, orhold
any other office of profit or connected with any
political party or engage in any business or
profession.

 Headquarters: The headquarters of SIC shall be at

such place in the State as specified by the State
Government by way of notification in the Official
Gazette. However, the SIC may establish its office at
another place in the State with the previous
approval of the State Government.
Term of Office and
conditions of
service
CENTRAL INFORMATION
COMMISSION (CIC)
 SECTION 13

 Term of office of Chief Information

Commissioner: As prescribed by the Central
Government. Whether the Chief Information
Commissioner is eligible for reappointment:
No Chief Information Commissioner shall not
hold office after attaining the age of 65 years.
Term of office of Information Commissioners: As
prescribed by the Central Government or till he
attains the age of 65 years, whichever is earlier.
Whether the Information
Commissioner can be
reappointed as an Information

 Commissioner: No. However, an

Information Commissioner may be
appointed as the Chief
 Information Commissioner, after
vacation from his office.
Tenure of the Information Commissioner appointed
as the Chief Information

 Commissioner: Maximum 5 years in aggregate as the

Information Commissioner and the Chief Information
Commissioner.

 Resignation of members of Commission: The Chief

Information Commissioner and the Information
Commissioner(s) may resign from the office by writing
under his hand addressed to the President. Section 13(6)
provides for assistance to the Chief Information Officer
and the Information Officers by way of officials required
by them for the efficient performance of functions
entrusted to them under the Act.
STATE INFORMATION
COMMISSION (SIC)
 SECTION 16

 Term of office of State Chief Information

Commissioner: As prescribed by the Central
Government.

 Whether the State Chief Information Commissioner

is eligible for reappointment: No. No State Chief
Information Commissioner shall hold office after he has
attained the age of 65 years.

 Term of office of State Information

Commissioners: As prescribed by Central Government or
till he attains the age of 65 years, whichever is earlier.
 Whether a State Information
Commissioner can be
reappointed as a State
Information Commissioner: No.
However, he is eligible for being
appointed as the State Chief
Information Commissioner, after
vacation from his office.
 Tenure of the Information Commissioner appointed
as the State Chief Information
Commissioner: Maximum 5 years in aggregate as the
State Information Commissioner and the State Chief
Information Commissioner.

 Resignation of members of Commission: The State

Chief Information Commissioner and the State Information
Commissioner(s) may resign from the office by writing
under his hand addressed to the Governor. Section 16(6)
provides for assistance to the State Chief Information
Officer and the State Information Officers by way of
officials required by them for the efficient performance of
functions entrusted to them under the Act.
Removal of
members of
Commission
CENTRAL INFORMATION
COMMISSION (CIC)
 SECTION 14
The power to order the removal from office of the Chief
Information Commissioner or any Information Commissioner vests
with the President under Section 14(1).

 Grounds for removal under Section 14(1): Proved

misbehaviour or incapacity.
Manner/process of removal: The President sends a reference to
the Supreme Court for inquiry into the alleged misconduct. If after
such inquiry, the Supreme Court comes to the conclusion that the
charges of misbehaviour are proved and recommends the removal
of such a member in its report, the President shall remove such
member. Interim suspension: The President has the power to:
suspend such member in respect of whom reference is made to
Supreme Courtprohibit such aforesaid member from attending the
office during enquiry, until the President has passed orders on
receipt of the report of the Supreme Court on such reference.
 Disqualifications: Notwithstanding anything
contained in sub-section (1), the President of
India has the power to remove the Chief
Information Commissioner or the Information
Commissioner if he is guilty of any of the
following acts: Declaration of
insolvency Conviction for an offence involving
moral turpitudeEngagement in paid employment
outside official dutiesInfirmity of mind or
bodyAcquisition of such financial or other
interest which might affect prejudicely his
functions as such member
STATE INFORMATION
COMMISSION (SIC)
 SECTION 17
The power to order the removal from office of the State Chief
Information Commissioner or any State Information Commissioner
vests with the Governor under Section 17(1).

 Grounds for removal under Section 17(1): Proved misbehavior

or incapacity.
Manner/process of removal: The Governor sends a reference to
the Supreme Court for inquiry into the alleged misconduct. If after
such inquiry, the Supreme Court comes to the conclusion that the
charges of misbehavior are proved and recommends the removal
of such a member in its report, the Governor shall remove such
member. Interim suspension: The Governor has the power: to
suspend such member in respect of whom reference is made to
Supreme Court to prohibit such aforesaid member from attending
the office during enquiry, until the Governor has passed orders on
receipt of the report of the Supreme Court on such reference.
 Disqualifications: Notwithstanding anything
contained in sub-section (1), the Governor has
the power to remove the State Chief
Information Commissioner or the Information
Commissioner if he is guilty of any of the
following acts: Declaration of
insolvency Conviction for an offence involving
moral turpitude Engagement in paid
employment outside official duties Infirmity of
mind or body Acquisition of such financial or
other interest which might affect prejudicely his
functions as such member
Powers and functions
of the Information
Commissions, appeal
and penalties:
Chapter V
Powers and functions of Commission: Section 18

Section 18(1) provides for the duty of the CIC/SIC to

receive and inquire into
a complaint from any person on the following grounds:

 Where a person has been unable to submit a request to

the CPIO/SPIO:

 Owing to the non-appointment of CPIO/SPIO, or

 Due to the refusal of the Central Assistant PIO or the

State Assistant PIO to accept his or her application for
information or appeal under the Act for forwarding the
same to the CPIO/SPIO, as the case may be.
Power to inquire [Section
18(2)]
 Section 18(2) provides for the power
of the Commission to initiate an
inquiry. The Commission is not bound
to inquire into every complaint
received by it. The CIC/SIC may
initiate an inquiry if it is satisfied that
there are reasonable grounds for the
same.
Powers of the Civil Court to vest in
the Commission [Section 18(3)]

Section 18(3) states that while inquiring into any matter

under Section 18, the CIC/SIC shall have the same powers as
are vested in a civil court while trying a suit under the Code of
Civil Procedure, 1908. Those powers are:

 Power to summon and enforce the attendance of persons and compel

them to give evidence on oath and to produce the documents or
things;

 Power of discovery and inspection;

 Power to receive evidence on affidavit;

 Power of requisition of public record etc.;

 Power to issue summons for examination of witnesses or documents;

and

 Any other matter which may be prescribed.

Power to summon record [Section
18(4)]

 TheCIC/SIC has the power to

summon and examine any record to
which this Act applies and which is
under the control of any public
authority.

 Also, such records cannot be

 Refusal of access to any information requested
under the Act.

 Violation of time limit for providing information

under the Act.

 Where the fee required to be paid is considered

unreasonable.

 Providing incomplete, false, or misleading

information.

 With regard to other matters relating to obtaining

access to records under the Act.
Appeal: Section
19
First Appeal under Section 19(1)

Grounds of filing the appeal:

 Theapplicant has not received the decision

on his application within the time specified
under Section 7(1) or 7(3)(a) of the Act, or

 The applicant is aggrieved by the decision

of the CPIO/SPIO.
Period for filing of an appeal and condonation
the
delay:

 The appeal has to be filed within 30 days

from the expiry of the response period or
the receipt of the decision of CPIO/SPIO. An
appeal may be admitted after the expiry of
30 days if the First Appellate Authority is
satisfied that the appellant was prevented
by a sufficient cause from filing the appeal
in time.
To whom appeal filed:

 The appeal is to be filed to such

officer who is senior in rank to the
CPIO/SPIO in each public authority
(First Appellate Authority).
Appeal by a third party [Section 19(2)]

 This
sub-section deals with the filing of
appeals by the third party who has suffered
an adverse order under Section 11.

A third party aggrieved by the decision of

the CPIO/SPIO to disclose third party
information under Section 11 may prefer an
appeal within 30 days from the date of the
order to the first appellate authority.
Second appeal [Section 19(3)]

 Appeal to Commission against the

decision of the first appellate
authority: A Second appeal shall lie
to the CIC/SIC against the decision of
the first appellate authority made
under Section 19(1).
 Periodfor filing an appeal: The
Second appeal has to be filed within
90 days from the date on which the
decision should have been made or
was received.

 Anappeal may be admitted after the

expiry of 30 days if the CIC/SIC is
satisfied that the appellant was
prevented by a sufficient cause from
Opportunity of hearing to a
third party[Section 19(4)]
 Where the order against which the
appeal has been filed pertains to
information of a third party, the
concerned Commission shall give a
reasonable opportunity of being
heard to that third party.
Onus to justify denial on the
PIO
 Section19(5), provides that burden
to prove that a denial of a request
was justified shall be on the
CPIO/SPIO who denied the request.
Time limit for disposing of
the appeal [Section 19(6)]
 The appeal under Section 19(1) or
19(2) has to be disposed of within 30
days of the receipt of the appeal.
However, in exceptional
circumstances, an extended period
of a total of 45 days from the date of
filing may be provided for reasons to
be recorded in writing.
Supremacy of the
Commission
 Section19(7) states that the
decision of the CIC/SIC shall be
binding.
Orders to be passed by the
Commission
Section 19(8) provides for the power of the CIC/SIC to
give the following
orders in its decision:

 Requiring the public authority to take steps for

complying with the provisions of the Act, including:-

 Providing access to information, if so requested, in a

particular form

 Appointing PIOs

 Publishing certain information or categories of

information
 Tomake required changes to its
practices regarding maintenance,
management, and destruction of records

 Enhancing the provision of training on

the right to information for its officials

 Tosubmit an annual report to the

Commission in compliance with Section
4(1)(b)
 Requirethe public authority to award
compensation to the complainant for
any loss suffered by him

 Impose any of the penalties provided

under the Act

 Reject the application

Notice [Section 19(9)]

 TheCIC/SIC shall give notice of its

decision, including any right of
appeal, to the complainant and the
public authority.
Penalties: Section
20
 While deciding a complaint or an appeal under
the Act, the CIC/SIC has the power to impose
penalties on the CPIO/SPIO for the deliberate
violation of the provisions of the Act.

 Before any decision regarding imposition of

penalty is taken, the concerned CPIO/SPIO shall
be given a reasonable opportunity of being
heard.

 The burden to prove that he acted in a

reasonable and diligent manner lies on the
concerned CPIO/SPIO only.
GROUNDS

 SECTION 20(1)
Refusal to receive an application for information without
reasonable cause.

Information not furnished within the time limit

prescribed under Section 7(1).

Denied the request for information malafidely.

Knowingly gave incorrect, incomplete, or misleading
information.

Destroyed the information requested by the applicant.

Obstructed in any manner in furnishing the information
PENALTY IMPOSED

 At the rate of Rs. 250 per day till the

application is received or information
is furnished.
However, the total amount of
penalty shall not exceed Rs. 25,000.
GROUNDS
 SECTION 20(2) deals with the persistent
default/failure of the CPIO/SPIO.
Persistent default or failure of the CPIO/SPIO
to receive an application for information or
in providing information without any
reasonable cause or malafidely denying the
request for information or knowingly
furnishing false, incomplete, or misleading
information or destroying the information
requested.
PENALTY IMPOSED

 Thecommission shall recommend

that disciplinary action be taken
against the concerned CPIO/SPIO
under the service rules applicable to
him.
Recent Amendments
 The RTI amendment Bill 2013 removes political parties from
the ambit of the definition of public authorities and hence
from the purview of the RTI Act.

 The draft provision 2017 which provides for closure of case in

case of death of applicant can lead to more attacks on the
lives of whistleblowers.

 The proposed RTI Amendment Act 2018 is aimed at giving the

Centre the power to fix the tenures and salaries of state and
central information commissioners, which are statutorily
protected under the RTI Act. The move will dilute the
autonomy and independence of CIC.

 The Act proposes to replace the fixed 5-year tenure with as

much prescribed by the government.
Criticism of RTI Act
 One of the major set-back to the act is that poor record-
keeping within the bureaucracy results in missing files.

 There is a lack of staffing to run the information

commissions.

 The supplementary laws like the Whistle Blower’s Act are

diluted, this reduces the effect of RTI law.

 Since the government does not proactively publish

information in the public domain as envisaged in the act and
this leads to an increase in the number of RTI applications.

 There have been reports of frivolous RTI applications and

also the information obtained have been used to blackmail
the government authorities.
Conclusion

 The Right to Information Act, 2005 is

a significant statutory measure for
realization of the citizen’s right to
access of information.

 TheAct mandates timely response to

the citizen’s requests for
government information.
 Citizens can file RTI applications for the public
authorities under the Central Government by
visiting https://rtionline.gov.in./ which is an
initiative of the Department of Personnel and
Training, Ministry of Personnel, Public
Grievances and Pension.

 With regard to public authorities under the

State Governments, an RTI application can be
filed by visiting the RTI portal/website of the
particular state.
Bibliography
 https
://blog.ipleaders.in/right-to-information-act-
2005-a-comprehensive-overview/

 https://www.drishtiias.com/to-the-points/pa
per4/right-to-information-1

 https://rti.gov.in/rti-act.pdf (Downloaded)

 https://byjus.com/free-ias-prep/right-to-info