Topic 128: RTI Act 2005 — Sections 1 to 20

Study Material

Paper Paper III

Unit 3

1. The Right to Information Act, 2005 (RTI Act) was enacted on 15 June 2005 and came into force on 12 October 2005; it replaced the Freedom of Information Act 2002 and gives every citizen of India the right to access information held by public authorities.
2. Section 2 defines key terms: "information" means any material in any form (records, documents, memos, emails, opinions, advices, press releases, circular, orders, log books, contracts); "public authority" means any government body, constitutional body, or entity substantially financed by government funds.
3. Section 4 mandates suo motu disclosure — public authorities must proactively publish 17 categories of information (including organisation details, functions, rules, budget, programmes) so that citizens do not need to formally request routine information.
4. Public Information Officer (PIO) (Section 5): Every public authority must designate a PIO to receive RTI applications and provide information; an Assistant PIO (APIO) receives applications at sub-divisional/sub-district level and forwards them. Central PIO (CPIO) for central government bodies.
5. Section 6: Any citizen may apply for information in writing (or electronically) along with a prescribed fee (₹10 for Central government); no reason needs to be given for seeking information. Below poverty line (BPL) applicants are exempt from fees.
6. Section 7 (Time limits): PIO must provide information within 30 days of receiving the application; within 48 hours if the information concerns the life or liberty of a person; extension possible if the matter involves third parties (Section 11).
7. Section 8 lists exemptions — information that need not be disclosed: affects sovereignty/security of India; confidential from foreign government; privilege of Parliament/Legislature; Cabinet papers; information causing harm to investigation; information endangering life of a person; trade secrets; personal information with no public interest.
8. Section 9 allows PIO to reject requests if providing the information would involve disproportionate diversion of resources or would infringe copyright of any person; the rejection must give reasons and inform the applicant of the right to appeal.
9. Sections 12–14 establish the Central Information Commission (CIC): headed by Chief Information Commissioner (CIC) plus up to 10 Information Commissioners; appointed by the President on recommendation of a committee (PM + Leader of Opposition + a Cabinet Minister nominated by PM); State Information Commissions (SICs) are parallel bodies at state level (Sections 15–17).
10. First and Second Appeals (Sections 19): Applicant dissatisfied with PIO's response may file First Appeal within 30 days to an officer senior to the PIO; thereafter, Second Appeal to the Information Commission (CIC/SIC) within 90 days. The Information Commission may impose penalty and award compensation.
11. Section 20 (Penalties): If a PIO refuses an application without reasonable cause, or gives incorrect or misleading information, or destroys information, or obstructs access, the Information Commission may impose a penalty of ₹250 per day (up to ₹25,000 maximum) on the PIO; the Commission may also recommend disciplinary action.
12. Section 8(2) provides the public interest override: even for exempted categories, if the public interest in disclosure outweighs the harm to protected interests, the authority may disclose; this provision is especially important for environmental, health, and corruption-related information requests.

Key facts

The Right to Information Act, 2005 (RTI Act) was enacted on 15 June 2005 and came into force on 12 October 2005;
Section 2 defines key terms: "information" means any material in any form (records, documents, memos, emails, opinions, advices, press releases, circu…
Section 4 mandates suo motu disclosure — public authorities must proactively publish 17 categories of information (including organisation details, fun…
Public Information Officer (PIO) (Section 5): Every public authority must designate a PIO to receive RTI applications and provide information;
Section 6: Any citizen may apply for information in writing (or electronically) along with a prescribed fee (₹10 for Central government);

Key Points at a Glance

1
The Right to Information Act, 2005 (RTI Act) was enacted on 15 June 2005 and came into force on 12 October 2005; it replaced the Freedom of Information Act 2002 and gives every citizen of India the right to access information held by public authorities.
2
Section 2 defines key terms: "information" means any material in any form (records, documents, memos, emails, opinions, advices, press releases, circular, orders, log books, contracts); "public authority" means any government body, constitutional body, or entity substantially financed by government funds.
3
Section 4 mandates suo motu disclosure — public authorities must proactively publish 17 categories of information (including organisation details, functions, rules, budget, programmes) so that citizens do not need to formally request routine information.
4
Public Information Officer (PIO) (Section 5): Every public authority must designate a PIO to receive RTI applications and provide information; an Assistant PIO (APIO) receives applications at sub-divisional/sub-district level and forwards them. Central PIO (CPIO) for central government bodies.
5
Section 6: Any citizen may apply for information in writing (or electronically) along with a prescribed fee (₹10 for Central government); no reason needs to be given for seeking information. Below poverty line (BPL) applicants are exempt from fees.
6
Section 7 (Time limits): PIO must provide information within 30 days of receiving the application; within 48 hours if the information concerns the life or liberty of a person; extension possible if the matter involves third parties (Section 11).
7
Section 8 lists exemptions — information that need not be disclosed: affects sovereignty/security of India; confidential from foreign government; privilege of Parliament/Legislature; Cabinet papers; information causing harm to investigation; information endangering life of a person; trade secrets; personal information with no public interest.
8
Section 9 allows PIO to reject requests if providing the information would involve disproportionate diversion of resources or would infringe copyright of any person; the rejection must give reasons and inform the applicant of the right to appeal.
9
Sections 12–14 establish the Central Information Commission (CIC): headed by Chief Information Commissioner (CIC) plus up to 10 Information Commissioners; appointed by the President on recommendation of a committee (PM + Leader of Opposition + a Cabinet Minister nominated by PM); State Information Commissions (SICs) are parallel bodies at state level (Sections 15–17).
10
First and Second Appeals (Sections 19): Applicant dissatisfied with PIO's response may file First Appeal within 30 days to an officer senior to the PIO; thereafter, Second Appeal to the Information Commission (CIC/SIC) within 90 days. The Information Commission may impose penalty and award compensation.
11
Section 20 (Penalties): If a PIO refuses an application without reasonable cause, or gives incorrect or misleading information, or destroys information, or obstructs access, the Information Commission may impose a penalty of ₹250 per day (up to ₹25,000 maximum) on the PIO; the Commission may also recommend disciplinary action.
12
Section 8(2) provides the public interest override: even for exempted categories, if the public interest in disclosure outweighs the harm to protected interests, the authority may disclose; this provision is especially important for environmental, health, and corruption-related information requests.

Why is the RTI Act, 2005 important for democratic governance?

The Right to Information Act, 2005 is important for democratic governance because it turns access to government information into an enforceable citizen right, making transparency the rule and secrecy the exception. The Right to Information Act, 2005 is widely regarded as one of India's most transformative pieces of legislation. It operationalises the constitutional right to freedom of speech and expression under Article 19(1)(a) of the Constitution, which the Supreme Court has interpreted to include the right to know (S.P. Gupta v. Union of India, 1982). It also reflects the constitutional principles of Article 21 (right to life with dignity) and Articles 38 and 39 (Directive Principles on welfare and just social order). According to the Department of Personnel and Training's updated Act text, the Right to Information Act is Act No. 22 of 2005.

The RTI Act does not repeal the Official Secrets Act, 1923, but it overrides that colonial-era secrecy framework wherever the two laws are inconsistent. The older regime presumed government information to be secret by default. The RTI Act inverts this presumption: government information is public by default; secrecy is the exception that must be justified.

Genesis: The RTI movement in India grew from grassroots activism, particularly the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan led by Aruna Roy and Nikhil Dey in the 1990s. The MKSS organised jan sunwais, or public hearings, where citizens compared official records with actual work done — revealing large-scale embezzlement in public works and employment programmes. Rajasthan enacted the Right to Information Act in 2000, five years before the central law.

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PREDICTED Predicted RAS Questions

Based on PYQ trends and 2026 syllabus analysis

1 5M What is the definition of 'information' and 'public authority' under the RTI Act 2005? 5 marks · 50 words

Model Answer

Under Section 2(f) of the RTI Act 2005, "information" means any material in any form — records, documents, memos, emails, opinions, orders, or electronic data. "Public authority" [Section 2(h)] means any body established by the Constitution, parliamentary or state law, or substantially financed by government funds, including NGOs receiving government funding.

~50 words • 5 marks