What is RTI

The Right to Information (RTI) refers to the legal right of citizens to access information held by public authorities. In India, the RTI Act, 2005, was enacted to institutionalize this right, ensuring that citizens can request information from government bodies, inspect public records, and hold authorities accountable.

The Act is a cornerstone of democratic governance, enabling citizens to participate actively in decision-making processes and combat corruption.

The RTI Act, 2005: Detailed Information

Background and Enactment

Genesis: The RTI Act was passed by the Indian Parliament on June 15, 2005, and came into force on October 12, 2005. It replaced the Freedom of Information Act, 2002, which was less effective.

Objective: The Act aims to promote transparency and accountability in the functioning of public authorities, empower citizens, and curb corruption by ensuring access to information.

Applicability: The Act applies to all public authorities across India, including central, state, and local government bodies, as well as organizations substantially funded by the government. It covers all states and union territories except Jammu and Kashmir, which has its own RTI Act (until its repeal in 2019 following the reorganization of the state).

Key Provisions of the RTI Act

Right to Access Information (Section 3):

Every citizen of India has the right to seek information from public authorities.

Information includes records, documents, memos, emails, opinions, press releases, circulars, contracts, samples, and data held in any form (electronic or physical).

Definition of Public Authority (Section 2(h)):

A public authority includes any body established under the Constitution, by law, or by government notification, as well as bodies owned, controlled, or substantially financed by the government.

Obligations of Public Authorities (Section 4):

Public authorities are required to proactively disclose information, such as their functions, powers, duties, budgets, and decision-making processes, on their websites or through other accessible means.

They must maintain records in an easily accessible format and appoint Public Information Officers (PIOs) to handle RTI requests.

Process of Filing an RTI Application (Sections 6 and 7):

Who Can File: Any citizen of India can file an RTI application. No reason needs to be provided for seeking information.

How to File: The application can be submitted in writing or electronically, in English, Hindi, or the official language of the area, along with a fee (typically ₹10 for central government authorities, though fees may vary by state).

Time Limit for Response: The PIO must provide the information within 30 days. For matters involving life or liberty, the response must be given within 48 hours.

Exemptions (Section 8): Certain information is exempt from disclosure, such as:

Information that affects national security, sovereignty, or integrity.

Information that has been expressly forbidden by a court or tribunal.

Information that may cause a breach of privilege of Parliament or state legislatures.

Commercial confidence, trade secrets, or intellectual property, unless public interest overrides the exemption.

Personal information that has no relation to public activity or interest and would cause unwarranted invasion of privacy.

Partial Disclosure (Section 10): If part of the requested information is exempt, the PIO must provide the non-exempt portion, with reasons for withholding the rest.

Appeals Process (Sections 19):

If a PIO denies information or the applicant is dissatisfied with the response, a first appeal can be filed with a designated First Appellate Authority (FAA) within the same public authority within 30 days.

If the issue persists, a second appeal can be filed with the Central Information Commission (CIC) or State Information Commission (SIC) within 90 days.

There is no fee for filing appeals, and the commissions have the power to penalize erring officials.

Penalties for Non-Compliance (Section 20):

If a PIO refuses to provide information without reasonable cause, provides incomplete or misleading information, or delays beyond the stipulated time, they can be fined ₹250 per day, up to a maximum of ₹25,000.

The CIC or SIC can also recommend disciplinary action against the PIO.

Role of Information Commissions (Sections 12-15):

The Central Information Commission (CIC) and State Information Commissions (SICs) are independent bodies responsible for overseeing the implementation of the Act.

They handle second appeals, complaints, and ensure compliance by public authorities.

Each commission consists of a Chief Information Commissioner and up to 10 Information Commissioners, appointed by the President (for CIC) or Governor (for SIC).

Third-Party Information (Section 11):

If the requested information pertains to a third party, the PIO must notify the third party and consider their objections before disclosure, unless public interest outweighs the objection.

Exclusions (Section 24):

Certain intelligence and security organizations, like the Intelligence Bureau (IB), Research and Analysis Wing (RAW), and others listed in the Second Schedule, are exempt from the Act.

However, information related to corruption or human rights violations by these organizations can still be sought, subject to approval by the CIC.

Significance of the RTI Act

Empowering Citizens: The Act gives ordinary citizens the power to question the government, access public records, and participate in governance.

Fighting Corruption: RTI has been instrumental in exposing scams and irregularities, such as the 2G spectrum case, Commonwealth Games scam, and Adarsh Housing Society scam.

Promoting Accountability: Public authorities are now more accountable as citizens can scrutinize their actions, budgets, and decisions.

Strengthening Democracy: By ensuring transparency, the Act fosters trust between the government and the people, reinforcing democratic principles.

Social Justice: RTI has helped marginalized communities access information about welfare schemes, land records, and public services, enabling them to claim their rights.

Challenges in Implementation

Despite its transformative potential, the RTI Act faces several challenges:

Backlogs and Delays: Many Information Commissions have a backlog of appeals, leading to delays in grievance redressal. For instance, as of 2023, the CIC had over 30,000 pending cases.

Lack of Awareness: Many citizens, especially in rural areas, are unaware of their rights under the RTI Act or how to file an application.

Resistance from Authorities: Some public authorities are reluctant to share information, citing exemptions or providing incomplete responses.

Threats to Activists: RTI activists often face harassment, threats, or even violence. According to the Commonwealth Human Rights Initiative (CHRI), over 90 RTI activists have been killed since 2005, and many more have been assaulted.

Weak Proactive Disclosure: Many public authorities fail to comply with Section 4, which mandates proactive disclosure of information.

Amendments and Dilution: The RTI Amendment Act, 2019, gave the central government greater control over the tenure and salaries of Information Commissioners, raising concerns about the independence of the CIC and SICs.

Impact and Success Stories

Exposing Corruption: RTI applications have uncovered major scams, such as the allocation of coal blocks and irregularities in public distribution systems.

Improving Governance: Citizens have used RTI to demand better infrastructure, such as roads and schools, by accessing budget details and holding officials accountable.

Empowering the Marginalized: In rural areas, RTI has helped people access information about MGNREGA wages, land records, and healthcare services.

Judicial Precedents: The judiciary has upheld the importance of RTI in several cases, such as CBSE v. Aditya Bandopadhyay (2011), which clarified that answer sheets can be accessed under RTI.

How to Use the RTI Act Effectively

Identify the Public Authority: Determine which department or authority holds the information you need.

Draft a Clear Application: Write a concise application specifying the information sought. Avoid vague or overly broad requests.

Submit with Fee: Pay the prescribed fee (usually ₹10) and submit the application to the PIO of the concerned authority.

Follow Up: If you don’t receive a response within 30 days, file a first appeal with the FAA, and if needed, a second appeal with the CIC/SIC.

Use Online Portals: The central government and many states have online RTI portals (e.g., https://rtionline.gov.in) for easy filing.

Recent Developments (as of May 2025)

Digital Push: The government has encouraged online RTI filing to improve accessibility, though digital literacy remains a barrier for many.

Judicial Interventions: Courts have continued to uphold the RTI Act, with recent rulings emphasizing the need for timely responses and stricter penalties for non-compliance.

Activism and Advocacy: Civil society organizations like the National Campaign for People’s Right to Information (NCPRI) continue to advocate for stronger implementation and protection of RTI activists.