1

Introduction
Background of the study
Salient features covering important terms in
the act
Powers and functions of information officers
Transparency
Rights of the citizen to get information of
the public authority
Offences
Penalties

Right to information Act, 2005 has been

introduced to bring transparency in the
working of the public authorities for the
benefit of public at large.

Right to Information has two main

constituents:
Sort of information
Right to get the information

Material held in any form including

electronic : Records
Documents
Memos
Opinions & advices
Press releases
Circulars, orders & logbooks
Contracts
Reports, papers samples & models
4

It includes the right to

Inspect works, documents, records
Take notes, extracts or certified copes of documents or
records
Take certified samples of material
Obtain information in the form of printouts, diskettes,
floppies, tapes, video cassettes or in any other
electronic mode or through printouts {S.2(j)}
5

Justice V.R.Krishna Iyer in Maneka Gandhi v. Union

of India [AIR 1978 SC 597] observed that a
government which functions in secrecy not only
acts against democratic decency but also buries
itself with its own burial

Rajasthan, Goa, A.P, M.P, U.P, Delhi, Goa, J&K,

Kerala, Karnataka, Orissa, Maharastra, Tamil Nadu
have taken initiatives in this regard

To make access to information a reality for every

citizen.

To make operational the fundamental right to

information.

To set up systems and mechanisms that facilitate easy

access to information.

To promote transparency and accountability and enable

peoples participation in governance.

To minimize corruption and inefficiency in public offices .

Information is key to

Democratic process
and
good governance

Curb corruption
and
Inefficiency
in public offices

Human
development

Realization
of human rights

State of U.P v. Raj Narain, AIR 1975 SC 865

The court held that the failure to disclose
the details of the Blue Book was wrong
and that every citizen of India was entitled
to know the particulars of every public
transaction in all its bearing. It was also
observed that the right to know is derived
from the concept of freedom of speech,
though it is not absolute.
Sheela Barse v. Union of India AIR 1986 SC 1771

L.K. Koolwal v. State of Rajasthan, AIR 1988

Raj 2 - the state can impose and should
impose reasonable restrictions on the rights
where it affects the national security or any
other matter affecting nations integrity. But
the right is limited and particularly in the
matter of sanitation and other allied
matters, every citizen has a right to know
how the state is functioning and why state
is withholding such information in such
matters

10

Mr. X v. Hospital Z (1998) 8 SCC 296

before blood transfusion, on sample blood
test, the doctors found the individual a HIV
infected person matter was informed to his
fiancee, who called off the marriage for
having disclosed this information, the
petitioner sought damages from the
respondent
Petition was rejected by the court and also it
was held that he cannot enforce any other
legal right for enforcing the promise to marry
11

An act passed by the parliament stating Empowerment of every citizen with right to
information.
Detailed procedure as to how all PA are to
disclose information & to provide
information on request.
Constitution of CIC & SIC.
How a citizen can exercise right to
information.
12

68 Countries in the world have already enacted

the Right to Information Act.

It was for the first time that a ruling was given by

the Supreme Court in 1982 to the effect that
Disclosure of Information as regards the
functioning of Govt. must be the rule and secrecy
an exception.

The Freedom of Information Act was enacted in

India in 2002.

Assam was among the first States to have its own

Right to Information Act in 2002.
13

Act No. 22 of 2005

Received Presidents assent on 15 June 2005

Notified in Official Gazette No. 25, dated 21 June 2005

came into force on 12 October 2005

Repeals the Freedom of Information Act, 2002 [section

31 of the Act]

Does not include openness in preamble as in

Freedom of Information Act, 2002

Does not extend to Jammu and Kashmir (Ltd)

14

Democracy requires
An information citizenry
Transparency of information which are vital
to its functioning to control corruption
To
hold
governments
and
instrumentalities
accountable
to
governed.

their
the

15

Transparency & Accountability in the working of every

public authority
The right of any citizen of India to request access to
information and the corresponding duty of Govt. to meet
the request, except the exempted information (Sec. 8/9)
The duty of Govt. to pro-actively make available key
information to all (Sec 4).
A responsibility on all sections: citizenry, NGOs, media.

16

Public Authority means any authority or

body or institution established or constituted
By or under the constitution;
By any other law made by Parliament;
By any other law made by State Legislature;
By notification issued or order made by the
appropriate Government and includes any
i) body owned, controlled or substantially financed,
ii) non - Government organization substantially financed
directly or indirectly by funds provided by the appropriate
Govt;

17

RTI Act came into effect from 12th October

2005.

Covers central, state and local governments and all

bodies owned, controlled or substantially financed
by the respective Governments;
Non-government organization substantially financed
directly or indirectly by funds provided by the
appropriate government.
Executive, judiciary and legislature
Includes information relating to private body which
can be accessed by under any other law for the time
being in force.

18

Every public authority shall

Maintain all its records duly catalogued and

indexed in a manner and the form which
facilitates the right to information under this
Act.
Ensure that all records that are appropriate
to be computerized are within a reasonable
time and subject to availability of resources.

19

 Officers

designated by the public authorities in

all administrative units or offices.

To

provide information to the citizens requesting

for information under the Act.

PIO

shall deal with requests from person seeking

information and where the request cannot be
made in writing.

PIO

may seek the assistance of any other officer

for the proper discharge of his/her duties.

20

The following information is exempted from

disclosure (S.8)
Which would prejudicially affect the sovereignty and
integrity of India.
Security, strategic, scientific or economic interests of the
State.
Relation with foreign State.
Lead to incitement of an offence.
Forbidden to be published by any court of law or tribunal
or the
Disclosure of which may constitute contempt of court ;
21

Which would cause a breach of privilege of parliament

or the state legislature
Commercial confidence, trade secrets or intellectual
property, the disclosure of which would harm the
competitive position of a third party, competent
authority if satisfied that larger public interest is
served can allow the disclosure of such information;
Information available to a person in his fiduciary
relationship, competent authority if satisfied that the
larger public interest can allow the disclosure of such
information;
Information received in confidence
government.

from foreign
22

For a legitimate work which is pending:

Issue of passport.
Decision by the administrative authority.
Faulty construction
Issue of any type of license.
Issue of various certificates of marriage, death, birth,
SC/ST & OBC etc.

23

Inclusion of name in voters list

Issue of Voter ID Card.
Correction of water, electricity, telephone
bills, change of faulty meter, providing new
water or electricity connection, etc.
Filing of FIR.
Claiming various kinds of refunds or
payments etc like tax refund, medical
reimbursement, provident Fund etc.
24

Apply in writing or through electronic means in

English or Hindi or in the official language or the
area, to the PIO, specifying the particulars of the
information sought for.
Reason for seeking information are not required to
be given;
Pay fees as may be prescribed (if not belonging to
the below poverty line category).
25

Different reasons for which fee is payable are as

follows:
Application fee Rs. 10/- .
If information is required in electronic media floppy /
CD, etc charges for the same.
Photocopy charges of Rs. 2/- per page.
Inspection charges of relevant files, documents and
records
* No fee for first hour of inspection.
* Rs. 5 for every subsequent hour or fraction
thereof.

26

Processing expenses incurred by the Public Information

officer to be intimated in writing.
Application 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 the prescribed
time limit.

27

Within 30 days from the date of application

Within 48 hours for information concerning the

life or liberty of a person

Within 5 days shall be added to the above

response time, in case the application for
information is to given to assistant public
information officer.

If the interest of the third party is involved then

time limit will be 40 days.
28

A third party means a person or public

authority who has given information to the
Government in confidence and for this the
third party has a right to be heard in case
such information is being divulged by the
CPIO / APIO to the applicant.

29

An autonomous body to inquire into complaints received

from citizens.
One can complain to the CIC if refused access to
information or how the public authority has handled your
requested, for instance;
Failure to respond to your request within 30 working
days or failure to explain why an extension is needed.
Failure to give you proper advice and help within the
stipulated time.
Failure to give information in the form in which you
asked for it.
Failure to properly explain reasons for refusing your
request, for instance if the public authority believes
that giving you information would harm a criminal
investigations.
30

Name and address of the applicant.

Name and address of the Central Public
Information.
Particulars of the order including number, if
any, against which the appeal is preferred;
Brief facts leading to the appeal.

31

If the appeal is preferred against deemed refusal, the

particulars of the application, including number and date
and name and address of the Central Public Information
Officer to whom the application was addressed;
Grounds for the prayer or relief.
Verification by the appellant and
Any other information which the Commission may deem
necessary for deciding the appeal.

32

Commission will exercise its powers without being subjected to

directions by any other authority. (S.12(4))

The Central Information Commission/State Information

Commission has a duty to receive complaints from any
person ( S 18(1))

Who has not been able to submit an information request because a

PIO has not been appointed

who has been refused information that was requested;

33

Power to order inquiry if there are reasonable grounds (S 18(2))

Power to examine all records covered by this law (including those covered by
exemptions) must be given to CIC during inquiry for examination ( S 18(4))

CIC will have powers of Civil Court such as summoning and enforcing attendance of persons, compelling them to give
oral or written evidence on oath and to produce documents or things;
requiring the discovery and inspection of documents;
receiving evidence on affidavit ;
requisitioning public records or copies from any court or office
issuing summons for examination of witnesses or documents
Any other matter which may be prescribed.

34

Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of
Rs. 25,000/- for
not accepting an application;
delaying information release without reasonable cause;
malafidely denying information;
knowingly giving incomplete, incorrect, misleading information;
destroying information that has been requested and
Obstructing furnishing of information in any manner.

35

Central Information Commission will send an annual report to the Central

Government on the implementation of the provisions of this law at the end of the
year. The State Information Commission will send a report to the State
Government.

Each Ministry has a duty to compile reports from its Public Authorities and send
them to the Central Information Commission or State Information Commission, as
the case may be.

Central Government will table the Central Information Commission report before
Parliament after the end of each year. The concerned State Government will table
the report of the State Information Commission before the Vidhan Sabha (and the
Vidhan Parishad wherever applicable). (S.25)

36

Lower Courts are barred from entertaining suits or

applications against any order made under this Act.
(S.23)

37

The appropriate Government to:

a)

Develop and organize educational programmes to advance the

understanding of the public, particularly the disadvantaged, to
exercise right to information.

b)

Encourage public authorities to participate in

programmes;

c)

promote timely/ effective dissemination of

accurate info on activities.

d)

Train CPIOs and produce relevant training materials

38

Right to Information (Regulation of Fees and Cost

Rules),2005

Central Information Commission (Appeal

Procedure Rules),2005

39

Andhra Pradesh

Madhya
Pradesh

Arunachal
Pradesh

Maharashtra

Assam

Meghalaya

Chattisgarh

Nagaland

Goa

Orissa

Gujarat

Punjab

Haryana

Rajasthan

Himachal Pradesh

Sikkim

Andaman & Nicobar Islands

Jharkhand

Tamil Nadu

Daman & Diu

Karnataka

Tripura

Kerala

Uttar Pradesh

The following states and Union

Territories have enacted Right
to Information Rules:
( The list includes the states to the
extent details are available at
the respective state sites)

40

The states which have prescribed appeal fees

are listed below:

Government

Fee for
Appeal to
IC

Mode of Payment

Arunachal
Pradesh

Rs.50

Treasury Challan

Madhya
Pradesh

Rs.100

Cash/Non-judicial
Stamp

Maharashtra

Rs.20

Cash against
receipt/demand
draft/bankers cheque/
court fee stamp

Orissa

Rs.50

Court fee stamp

41

For unreasonable delay Rs 250 per day up to Rs. 25,000.

For illegitimate refusal to accept application, malafide
denial, knowingly providing false information, destruction
of information, etc. up to Rs. 25,000 fine.
Recommendation for departmental action for persistent
or serious violations.
However, no criminal liability.
Immunity for actions done in good faith(S.21).
42

The Official, KD Bansor, the first Central Govt.

official to lose Rs. 12,500 from her salary for
violations under the RTI Act.
Fine deducted from salary in two months for
denying information and deposited with the Central
Information Commission.
Bansor, an under secretary and Tikam Singh, a
Section Officer of the National Commission for
Scheduled Castes and Schedule Tribes were fined
Rs. 25,000, maximum amount under RTI Act.
43

No fee for BPL.

Reasonable other charges (quantum not specified)
Filling application / appeals to be facilitated by APIO at
sub-district levels.
No need to specify reason for seeking information or
other personal details.
Provision to provide all required assistance, including to
disabled person.
Information to be provided in local languages.
Provision for damages.
Open only to citizens of India.
44

Citizen uses RTI to get elusive pension.

Using RTI to Pull up Fair Price Shops in Kalol
Taluka of Gujarat.
Right to Information- Is Media Playing its Role?
Citizen uses RTI for getting Municipality its dues
from Government.
Citizen uses RTI to make the administration work
according to Rule.

45

Official fined Rs. 18,000 under Info Act.

Rajasthan villagers use RTI to end woes.
Pune Municipal Corporation uses RTI Act to
obtain info from ST Department.
Official fined Rs. 40,000 under RTI Act by
CIC, Chhattisgarh.
RTI revives Panchayat
Committees in Gujarat.

Social

Justice

46

Onkar Lal Bajaj v. Union of India (2003) 2

SCC 673 - Articles 21 & 14 right to
information allotment of retail outlets,
distributorships and dealerships of
petroleum products political patronage for
allotment was alleged by the press Under
such circumstances, the public in general
has a right to know under what basis their
elected representatives got such
allotments

47