128. Right to Information Act 2005 (Sections 1–20) — Full Notes

CORE Key Points at a Glance

1. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.