Structure and Key Provisions

The RTI Act 2005 contains 31 sections divided across a Preamble and 6 chapters. For the RPSC syllabus, Sections 1–20 are specified. Here is a systematic analysis:

2.1 Sections 1–3: Preliminary and Right to Information

Section 1 — Short Title, Extent, and Commencement:

• Act is called "The Right to Information Act, 2005"
• Extends to the whole of India except the State of Jammu & Kashmir (Note: after the J&K Reorganisation Act 2019, J&K now falls under the central RTI Act)
• Came into force on 12 October 2005

Section 2 — Key Definitions:

Term	Definition under Section 2
Information [2(f)]	Any material in any form — records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form
Public Authority [2(h)]	Any authority/body/institution of self-government established by the Constitution; a law made by Parliament/State Legislature; by notification/order of appropriate govt; body owned, controlled, or substantially financed by appropriate govt
Record [2(i)]	Any document, manuscript, file; microfilm, microfiche, facsimile copy of document; reproduction of image; any other material produced by a computer or any other device
Right to Information [2(j)]	Right to inspect works, documents, records; take notes, extracts, or certified copies; take certified samples of material; obtain information in diskette/floppy/tape/video cassette/any other electronic mode
PIO [2(l)]	Public Information Officer — officer designated by public authority under Section 5(1)
Third Party [2(n)]	Any person other than the citizen making a request; includes public authority

Section 3 — Right to Information:
"Subject to the provisions of this Act, all citizens shall have the right to information." This is the operative section creating the legal right.

2.2 Section 4 — Obligations of Public Authorities (Pro-active Disclosure)

Section 4 is one of the most important provisions. It requires public authorities to publish information suo motu in 17 sub-categories including:

The goal of Section 4 is proactive transparency — reducing the burden on citizens and PIOs by making common information readily available on websites and notice boards.

2.3 Sections 5–11: Application Mechanism

Section 5 — Designation of PIOs:

• Every public authority shall designate as many PIOs as necessary to provide information
• APIOSs (Assistant PIOs) at sub-divisional/sub-district level to receive applications and forward them to PIOs
• PIO may seek assistance of any other officer — that officer shall be deemed a PIO and bear the same liabilities

Section 6 — Request for Obtaining Information:

• Applicant makes written or electronic request to PIO in English, Hindi, or official language of the area
• Must specify information sought with enough particularity
• No reason required for seeking information; no personal details required
• Application fee: ₹10 (Central Government); states set their own fees
• BPL applicants: exempt from all fees
• PIO must assist an illiterate or disabled applicant in making the request

Section 7 — Disposal of Requests:

Section 8 — Exemptions from Disclosure:

This is the most examined section. The 10 categories of exempted information are:

Category	Detail
(a)	Information affecting sovereignty, integrity, security, scientific/economic interest of India or relations with foreign state; inciting offence
(b)	Information expressly forbidden by any court or tribunal or disclosure would constitute contempt of court
(c)	Information whose disclosure would cause breach of privilege of Parliament or State Legislature
(d)	Commercial confidence, trade secrets, intellectual property — disclosure would harm competitive position of third party (unless competent authority is satisfied that larger public interest warrants)
(e)	Information available to a person in a fiduciary relationship — cannot be disclosed unless competent authority is satisfied that larger public interest warrants
(f)	Information received in confidence from a foreign government
(g)	Information, disclosure of which would endanger life or physical safety of any person or identify the source of information given in confidence for law enforcement
(h)	Information which would impede process of investigation or apprehension or prosecution of offenders
(i)	Cabinet papers including records of deliberations of Council of Ministers, Secretaries, and other Officers — but once the decision has been taken and matter completed, this protection falls away
(j)	Personal information with no relationship to public activity or interest, or which would cause unwarranted invasion of privacy, unless PIO is satisfied that larger public interest justifies disclosure

Critical: Section 8(1) is NOT absolute. Section 8(2) provides the public interest override: even exempt information can be disclosed if the public interest in disclosure outweighs the harm to protected interests.

Section 8(3): Historical information: Information in category (a), (c), (i) — after 20 years from occurrence, it loses exemption and must be disclosed if requested.

Section 9 — Grounds for Rejection:
Requests can be rejected where providing information would:

• Divert an unreasonable portion of resources of the public authority
• Infringe the copyright of any person

Section 10 — Severability:
If only part of a record contains exempt information, the non-exempt portions must be provided (with appropriate redaction of the exempt parts).

Section 11 — Third-Party Consultation:
If information concerns a third party, the PIO must give the third party an opportunity to make submissions before disclosing. Third party has 10 days to respond. PIO takes a decision within 40 days; third party may appeal.

2.4 Sections 12–18: Information Commissions

Sections 12–14 — Central Information Commission (CIC):

Qualifications: CIC and ICs must be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media, or administration and governance (Section 12(5)).

Section 15 — State Information Commission (SIC):
Each State Government constitutes a State Information Commission headed by a State Chief Information Commissioner and such number of State Information Commissioners as may be required.

Section 16: Appointment of State CIC and State ICs is by the Governor on recommendation of a committee headed by the Chief Minister.

Section 17: Removal of CIC, ICs, and their state equivalents — only by President/Governor after inquiry by the Supreme Court/High Court on grounds of proven misbehaviour or incapacity.

Section 18 — Powers of Information Commissions:
Commissions have the powers of a Civil Court (CPC) regarding:

• Summoning and enforcing attendance
• Requiring discovery and inspection of documents
• Receiving evidence on affidavits
• Requisitioning records from any public authority
• Issuing summons for examination of witnesses
• Requiring production of documents

2.5 Sections 19–20: Appeals and Penalties

Section 19 — Appeals:

Section 20 — Penalties:

Violation	Penalty
Refusing application without reason	₹250/day (max ₹25,000)
Providing incorrect information	₹250/day (max ₹25,000)
Misleading, destroying, or obscuring information	₹250/day (max ₹25,000)
Impeding access to information	₹250/day (max ₹25,000)
Malafide refusal to accept application	Disciplinary action recommended
Repeat or aggravated misconduct	Disciplinary proceedings

Important: The burden of proof is on the PIO. The Information Commission must give the PIO a reasonable opportunity of being heard before imposing penalty.

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