The Right to Information Act, 2005 (RTI Act) is a landmark piece of legislation in India designed to promote transparency and accountability in the functioning of public authorities. Enacted by the Indian Parliament, the Act empowers Indian citizens to request information from public authorities, thus fostering an environment of openness in governance and administration.
Historical Context
Before the RTI Act, access to information in India was largely restricted, with citizens having little recourse to challenge administrative decisions or seek information from government bodies. The demand for a legal framework to ensure transparency and accountability had been a long-standing issue for activists and citizens. The RTI Act was a significant step towards democratizing information and giving citizens a tool to hold public officials accountable.
Objectives of the RTI Act
The primary objectives of the RTI Act are:
- Promote Transparency: To ensure that public authorities operate in an open and transparent manner.
- Enhance Accountability: To provide a mechanism for citizens to question and scrutinize the functioning of public authorities.
- Empower Citizens: To give people the right to access information and participate in decision-making processes affecting their lives.
- Strengthen Democracy: To support democratic governance by fostering an informed citizenry.
Key Features of the RTI Act
- Right to Information: Citizens have the right to request information from public authorities. This includes documents, records, and any information held by or under the control of these authorities.
- Public Authorities: The Act defines “public authorities” as entities that are substantially financed or controlled by the government. This includes central and state government departments, municipal bodies, and other institutions.
- Public Information Officer (PIO): Every public authority is required to appoint a PIO who is responsible for receiving and processing RTI applications.
- RTI Application Process: Citizens can submit an RTI application to the PIO of the concerned public authority. The application can be submitted in writing or electronically and must include a fee.
- Response Time: The PIO must respond to RTI requests within 30 days from the date of receipt of the application. In case of a denial or non-response, the applicant can file an appeal.
- Appeal Mechanism: If the information is denied or not provided, the applicant can appeal to the First Appellate Authority and then to the State or Central Information Commission if unsatisfied with the first appeal’s outcome.
- Exemptions: The Act provides exemptions for information that affects national security, personal privacy, and other sensitive matters. However, information must be disclosed if it pertains to public interest.
- Information Commissions: The State and Central Information Commissions are responsible for overseeing the implementation of the RTI Act, resolving disputes, and ensuring compliance by public authorities.
The Application Process
Filing an RTI Application:
- The applicant must submit a written request to the PIO of the relevant public authority.
- The application should include the applicant’s name, contact details, and a clear description of the information sought.
Payment of Fees:
A nominal fee of ₹10 is required for filing an RTI application. Additional charges may apply for providing information, such as photocopying costs.
Response to Application:
The PIO must provide the requested information within 30 days. If the PIO fails to respond, the applicant can appeal to the First Appellate Authority.
Appeals and Complaints
First Appeal:
If the response is unsatisfactory or the information is not provided, the applicant can file a first appeal with the First Appellate Authority, typically a senior officer in the public authority.
Second Appeal:
If the first appeal does not resolve the issue, the applicant can escalate the matter to the State or Central Information Commission.
Complaints:
Complaints can be filed with the Information Commission if there are issues like refusal of information or undue delay.
Impact of the RTI Act
The RTI Act has had a profound impact on Indian governance:
Increased Transparency:
The Act has led to greater transparency in government operations, making information about government decisions, expenditures, and projects accessible to the public.
Empowerment of Citizens:
By providing a legal right to access information, the RTI Act has empowered citizens to seek answers from public authorities and engage more actively in governance.
Strengthened Accountability:
The Act has facilitated the questioning of public officials and has led to the exposure of corruption and inefficiency.
Encouraged Civic Engagement:
The RTI Act has encouraged public participation in decision-making processes and has fostered a culture of accountability.
Challenges and Criticisms
Despite its successes, the RTI Act faces challenges:
Implementation Issues:
There are instances of non-compliance by public authorities and delays in providing information.
Awareness and Accessibility:
Many citizens are still unaware of their RTI rights or find it difficult to navigate the application process.
Abuse of the Act:
The RTI Act has occasionally been used for personal vendettas or frivolous demands.
Recent Developments
In recent years, there have been amendments and proposals related to the RTI Act. For instance, the RTI (Amendment) Act, 2019 introduced changes concerning the tenure, salary, and powers of the Information Commissioners, which have been a subject of debate.
Frequently Asked Questions On Right To Information (RTI) Act:
Which bodies are considered “public authorities” under the RTI Act?
Under the Right to Information Act, 2005 (RTI Act), “public authorities” are defined in a broad manner to encompass a wide range of entities involved in public administration and governance. Here’s a detailed breakdown of the types of bodies considered “public authorities” under the RTI Act:
Government Departments
- Central Government Departments: Ministries and departments of the central government such as the Ministry of Finance, Ministry of Health and Family Welfare, Ministry of Education, etc.
- State Government Departments: Ministries and departments of state governments, including state education departments, state health departments, and so on.
Local Bodies
- Municipal Corporations: Urban local bodies such as the Brihanmumbai Municipal Corporation (BMC), Delhi Municipal Corporation, and Chennai Corporation.
- Municipalities: Smaller urban local bodies, including municipal councils and Nagar Palikas.
- Panchayats: Rural local bodies, including Gram Panchayats, Panchayat Samitis, and Zila Parishads.
Public Sector Undertakings (PSUs)
- Central PSUs: Companies owned or controlled by the central government, such as Bharat Heavy Electricals Limited (BHEL), Oil and Natural Gas Corporation (ONGC), and Indian Oil Corporation (IOC).
- State PSUs: Companies owned or controlled by state governments, such as Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) or Karnataka Power Transmission Corporation Ltd. (KPTCL).
Autonomous Bodies and Institutions
- Educational Institutions: Government-funded institutions like the Indian Institutes of Technology (IITs), Indian Institutes of Management (IIMs), and central universities.
- Research Institutions: Bodies such as the Indian Council of Medical Research (ICMR) and the Indian Council of Agricultural Research (ICAR).
Statutory Bodies
- Regulatory Authorities: Bodies established by statutes such as the Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), and Telecom Regulatory Authority of India (TRAI).
- Commissions: Various statutory commissions including the National Human Rights Commission (NHRC) and the Central Information Commission (CIC).
Non-Governmental Organizations (NGOs) and Private Bodies Receiving Government Funding
- Substantially Funded NGOs: Private organizations that receive significant funding from the government for their operations or programs, such as NGOs receiving grants from government schemes for education or health.
Public Corporations
- Publicly Owned Corporations: Corporations where the government holds a majority share, such as Air India and the National Thermal Power Corporation (NTPC).
Constitutional Bodies
- Entities Established by the Constitution: Bodies such as the Comptroller and Auditor General of India (CAG) and the Election Commission of India.
Other Entities Controlled by the Government
- Government-Controlled Entities: Any other organizations that are controlled or managed by the government or any public authority, whether through direct management or significant influence.
Q. Who Can File an RTI Application?
The Right to Information Act, 2005 (RTI Act) is designed to ensure transparency and accountability in the functioning of public authorities in India. A fundamental aspect of the RTI Act is the right it grants to individuals to seek information from these authorities. Here’s a detailed breakdown of who can file an RTI application under the Act:
1. Any Indian Citizen
Basic Requirement:
- Eligibility: Any individual who is a citizen of India can file an RTI application. There is no restriction based on age, gender, or occupation.
- Requirement: The applicant must be an Indian citizen, as the RTI Act is a legal right available to the citizens of India only.
Details:
- Proof of Citizenship: There is no formal requirement for proof of citizenship when filing an RTI application. However, the PIO may request identification if there is doubt about the applicant’s status as an Indian citizen.
- Types of Citizens: This includes all citizens such as students, professionals, activists, homemakers, and retirees.
2. Individuals with a Specific Interest in the Information
Basic Requirement:
- Interest: While anyone can file an RTI application, the information requested should pertain to public matters. There is no need to prove any particular interest or grievance regarding the information sought.
Details:
- No Specific Requirement: The RTI Act does not require the applicant to demonstrate a specific interest in the information beyond the fact that it pertains to a public authority’s activities.
- Public Interest: While there is no requirement to show that the information is being sought in the public interest, the Act mandates that the information must be of a nature that concerns public functions.
3. Legal Representatives or Authorized Representatives
Basic Requirement:
- Representation: A person can file an RTI application on behalf of another citizen if they are authorized to do so. This includes legal representatives or those holding a power of attorney.
Details:
- Authorization: The representative must provide a written authorization from the person they are representing.
- Documentation: The RTI application must clearly state that the person is filing the request on behalf of someone else, and appropriate documents must be included to validate the authorization.
4. Organizations and NGOs
Basic Requirement:
- Organizational RTI: Organizations and Non-Governmental Organizations (NGOs) can file RTI applications on behalf of individuals or for their own purposes if they have a legal identity and are registered entities.
Details:
- Authority: An authorized representative of the organization must file the RTI application.
- Documentation: The representative must provide proof of their authority to act on behalf of the organization.
5. Foreigners and Non-Residents
Basic Requirement:
- General Rule: Foreigners and non-residents cannot file an RTI application. The right to information under the RTI Act is restricted to Indian citizens only.
Details:
- Exception: There are no known exceptions or provisions in the RTI Act that allow non-citizens to file RTI applications.
RTI Application Filing Process
Here is a step-by-step guide on how eligible individuals can file an RTI application:
- Prepare the RTI Application:
- Write a formal application addressed to the Public Information Officer (PIO) of the concerned public authority.
- The application should include:
- Applicant’s Name: The name of the person filing the application.
- Contact Details: The applicant’s address, phone number, and email ID.
- Information Sought: A clear and specific description of the information required.
- Public Authority: The name of the public authority to which the application is addressed.
- Pay the RTI Application Fee:
- The standard fee for filing an RTI application is ₹10.
- Payment can be made through a postal order, demand draft, or in cash, depending on the provisions of the public authority.
- Some states and central authorities offer online payment options as well.
- Submit the RTI Application:
- The application can be submitted in person at the public authority’s office or sent by post.
- In some cases, applications can be submitted through the online RTI portal.
- Receive Acknowledgment:
- Ensure that you receive an acknowledgment receipt from the PIO, which confirms that the application has been received.
- Await the Response:
- The PIO must respond to the RTI request within 30 days. If there is no response or the response is unsatisfactory, the applicant can file an appeal.
What kind of information can be requested under the RTI Act?
Under the Right to Information Act, 2005 (RTI Act), Indian citizens have the right to request a wide range of information from public authorities. This section outlines the types of information that can be requested under the RTI Act, including details on exemptions and the scope of the information covered.
Types of Information That Can Be Requested Under the RTI Act
1. Documents and Records
- Definition: Information that exists in written or electronic form and includes records, reports, letters, memos, e-mails, contracts, and minutes of meetings.
- Examples: Annual reports, official correspondence, service records, meeting minutes.
- Use Case: Requesting copies of government reports, public records from departments, or internal communications within a government office.
Example Request:- “Please provide a copy of the report on the implementation of the Swachh Bharat Mission for the year 2022.”
2. Agendas and Decisions
- Definition: Information about the agenda items discussed in meetings and the decisions made by public authorities.
- Examples: Agendas of cabinet meetings, decisions taken in government policy meetings.
- Use Case: Seeking details about policy decisions, project approvals, or changes in public services.
Example Request:- “Please provide the agenda and minutes of the meeting held on March 15, 2024, regarding the new educational policy.”
3. Budgetary Allocations and Expenditures
- Definition: Information related to financial allocations, expenditures, and audits of public authorities.
- Examples: Annual budgets, financial statements, expenditure reports.
- Use Case: Requesting details about the budget allocation for specific projects or the expenditures of a public authority.
Example Request:- “Please provide the budget allocation and expenditure details for the National Rural Employment Guarantee Scheme for the fiscal year 2023-24.”
4. Policies and Procedures
- Definition: Information about the policies, rules, and procedures followed by public authorities.
- Examples: Government guidelines, administrative procedures, public service rules.
- Use Case: Requesting information about official procedures, guidelines for public services, or administrative rules.
Example Request:- “Please provide the procedure for applying for a scholarship under the National Merit Scholarship Scheme.”
5. Reports and Evaluations
- Definition: Information related to evaluations, reviews, and assessments conducted by public authorities.
- Examples: Evaluation reports of government schemes, audit reports.
- Use Case: Seeking performance evaluation reports or impact assessments of government programs.
Example Request:- “Please provide the evaluation report of the Pradhan Mantri Awas Yojana for the last two years.”
6. Public Agreements and Contracts
- Definition: Information regarding public contracts and agreements, including their terms and conditions.
- Examples: Tender documents, contracts with private firms, agreement terms.
- Use Case: Requesting details about government tenders, contract awards, or the terms of agreements with service providers.
Example Request:- “Please provide the contract details for the construction of the new flyover in, for example, New Delhi, including the terms and conditions.”
7. Names and Contact Information of Officials
- Definition: Information about the names, designations, and contact details of public officials.
- Examples: Contact details of PIOs, department heads.
- Use Case: Seeking contact information for public officials for follow-up or further queries.
Example Request:- “Please provide the contact details of the Public Information Officer for the [Department Name].”
8. Decisions on Public Applications
- Definition: Information about the decisions made on public applications and requests.
- Examples: Decisions on RTI applications, public grievance resolutions.
- Use Case: Requesting details about the handling and outcomes of specific public applications.
Example Request:- “Please provide the decision made on the RTI application submitted by [Name] on June 5, 2023.”
9. Details of Public Projects and Schemes
- Definition: Information about the details, progress, and status of public projects and schemes.
- Examples: Project plans, progress reports, scheme implementation details.
- Use Case: Requesting updates on ongoing government projects or schemes.
Example Request:- “Please provide the status report on the implementation of the Smart City Project in, for example, New Delhi.”
10. Information on Public Services
- Definition: Information about the services provided to the public, including service delivery mechanisms.
- Examples: Service delivery processes, service standards.
- Use Case: Seeking information on how public services are delivered and the standards followed.
Example Request:- “Please provide information on the procedures for applying for a driving license, including the requirements and processing times.”
Exemptions to Information Requests Under the RTI Act
While the RTI Act allows access to a broad range of information, there are specific exemptions where information may not be disclosed:
1. National Security and Sovereignty
- Exemption: Information affecting national security, defense, and sovereignty of India.
- Legal Reference: Section 8(1)(a)
- Example: Details of military operations or defense strategies.
2. Personal Privacy
- Exemption: Information that pertains to personal privacy, unless the disclosure is in the public interest.
- Legal Reference: Section 8(1)(j)
- Example: Personal medical records of individuals.
3. Trade Secrets and Commercial Confidentiality
- Exemption: Information that would harm commercial interests or reveal trade secrets.
- Legal Reference: Section 8(1)(d)
- Example: Proprietary business information or confidential commercial agreements.
4. Information Obtained in Confidence
- Exemption: Information received in confidence from foreign governments or under legal confidentiality agreements.
- Legal Reference: Section 8(1)(e)
- Example: Diplomatic correspondences or confidential legal advice.
5. Pending Investigations
- Exemption: Information related to investigations that may impede law enforcement processes.
- Legal Reference: Section 8(1)(h)
- Example: Ongoing criminal investigations.
6. Information Forbidden by Law
- Exemption: Information that is prohibited from being disclosed under any other law.
- Legal Reference: Section 8(1)(b)
- Example: Information protected under secrecy laws.
7. Internal Working Documents
- Exemption: Internal documents or records that are part of ongoing decision-making processes.
- Legal Reference: Section 8(1)(i)
- Example: Drafts of policy documents or internal memos.
Important Provisions Related to Information Requests
- Section 2(f): Defines “information” to include records, documents, and material related to public authorities.
- Section 6(1): States that any citizen can request information from public authorities.
- Section 4(1)(b): Requires public authorities to proactively disclose information about their functions and activities.
Q. How do I file an RTI application?
Answer: To file an RTI application, follow these steps:
- Prepare Your Application: Write a formal letter requesting information from the Public Information Officer (PIO) of the public authority. Include your name, contact details, and a clear description of the information you seek.
- Address Your Application: Direct the application to the PIO of the relevant public authority. Include the name of the public authority and its address.
- Pay the Fee: The RTI application must include a fee of ₹10. You can pay this fee through a postal order, demand draft, or in cash (as per the authority’s guidelines). Some states and central authorities offer online payment options.
- Submit the Application: You can submit your RTI application in person at the public authority’s office or send it by post. In some cases, you can also file the application through the online RTI portal.
- Receive Acknowledgment: Ensure you get an acknowledgment receipt from the PIO confirming the submission of your application.
Q. What should be included in an RTI application?
Answer: An RTI application should include the following:
- Applicant’s Details: Full name, address, and contact information.
- Information Requested: A clear and specific description of the information you need.
- Public Authority Details: The name and address of the public authority.
- Fee Payment: A demand draft, postal order, or cash of ₹10 for the RTI application fee.
- Preferred Mode: The mode in which you would like to receive the information (physical copy or electronic format).
Q. What is the prescribed fee for filing an RTI application?
Answer: The prescribed fee for filing an RTI application is ₹10. This fee can be paid through:
- Postal Order: A postal order in favor of the Public Information Officer of the public authority.
- Demand Draft: A demand draft drawn in favor of the Public Information Officer.
- Cash: Paid directly to the PIO, if allowed.
- Online Payment: Through the RTI online portal, if available for the specific public authority.
Fee Structure for Additional Costs:
- Photocopy of Documents: ₹2 per page.
- Inspection of Records: No charge for the first hour; ₹5 per hour for subsequent hours.
- CD/DVD: ₹50 per CD/DVD.
Q. What happens if my RTI application is not responded to within the time frame?
Answer: If your RTI application is not responded to within 30 days, you have the following options:
- File a First Appeal: You can file a first appeal with the appellate authority of the public authority. The appeal should be filed within 30 days from the date the response was due.
- Escalate the Matter: If there is no response to your first appeal, you can approach the State or Central Information Commission for a complaint.
Relevant Sections:
- Section 7(1): Public authorities must respond to RTI applications within 30 days.
- Section 19(1): Allows filing a first appeal if the response is not received or is unsatisfactory.
Q. How do I file a first appeal?
Answer: To file a first appeal:
- Prepare the Appeal: Write a formal letter addressed to the First Appellate Authority of the public authority. State the reason for the appeal, attach a copy of your RTI application, and the PIO’s response (if any).
- Address the Appeal: Direct the appeal to the First Appellate Authority of the relevant public authority.
- Submit the Appeal: You can submit the appeal in person at the public authority’s office or send it by post.
Q. What are the exemptions under the RTI Act?
Answer: The RTI Act specifies several exemptions where information cannot be disclosed:
- National Security and Sovereignty: Information affecting national security and sovereignty. (Section 8(1)(a))
- Personal Privacy: Information that violates personal privacy unless there is a public interest. (Section 8(1)(j))
- Trade Secrets and Commercial Confidentiality: Information that affects trade secrets or commercial interests. (Section 8(1)(d))
- Information in Confidence: Information received in confidence from foreign governments or under legal confidentiality agreements. (Section 8(1)(e))
- Pending Investigations: Information that might affect ongoing investigations or legal proceedings. (Section 8(1)(h))
- Prohibited by Law: Information that is prohibited under any other law. (Section 8(1)(b))
- Internal Working Documents: Internal documents or drafts related to decision-making processes. (Section 8(1)(i))
Q. Can I request personal information under the RTI Act?
Answer: You can request personal information under the RTI Act, but it is subject to certain conditions:
- Personal Information: If the information pertains to a public official’s personal life and is not related to their official duties, it may be exempt. (Section 8(1)(j))
- Public Interest: Personal information can be disclosed if it serves the larger public interest.
Examples:
- You cannot request personal medical records, but you can request information about how public health services are administered.
Q. What if the information requested is in the form of a document or record?
Answer: If the information requested is in the form of a document or record, the PIO is required to provide it as follows:
- Physical Documents: You will receive physical copies of the documents.
- Electronic Records: You can request information in electronic format if available.
Charges:
- Photocopy Charges: ₹2 per page.
- Inspection Charges: No charge for the first hour; ₹5 per hour for additional time.
- CD/DVD Charges: ₹50 per CD/DVD.
Q. Can I get information about third parties under the RTI Act?
Answer: Information about third parties can be requested under the RTI Act, but there are certain conditions:
- Third-Party Information: You can request information about third parties if it is relevant to public interest.
- Consultation Requirement: The PIO must consult the third party before disclosing information. (Section 11)
Examples:
- You can request information about a government contract involving a private company, but the company may be consulted before information is disclosed.
Q. Can I request information from private organizations under the RTI Act?
Answer: Generally, private organizations are not covered under the RTI Act unless they fulfill specific criteria:
- Government-Funded Organizations: If a private organization is substantially funded by the government, it can be subject to RTI.
- Public Function: If a private entity is performing a public function, it may be considered a public authority. (Section 2(h))
Q. What if my RTI application is denied?
Answer: If your RTI application is denied, you have the following options:
- File a First Appeal: Challenge the decision with the First Appellate Authority within 30 days.
- File a Second Appeal: If the first appeal is not resolved satisfactorily, you can approach the State or Central Information Commission.
Relevant Sections:
- Section 19(1): First appeal against the PIO’s decision.
- Section 19(3): Second appeal to the Information Commission.
Q. What is the role of the State or Central Information Commission?
Answer: The State and Central Information Commissions have the following roles:
- Adjudicating Appeals: They review and adjudicate appeals and complaints related to RTI applications.
- Ensuring Compliance: They ensure compliance with the RTI Act by public authorities.
- Issuing Orders: They issue orders for the disclosure of information and ensure that RTI regulations are followed.
Examples of Orders:
- Directing the PIO to provide the requested information.
- Imposing penalties for non-compliance.
Q. What should I do if my RTI application is not processed?
Answer: If your RTI application is not processed:
- File a First Appeal: File an appeal with the First Appellate Authority.
- Contact the PIO: Contact the PIO to follow up on the status of your application.
Q. Can I file a complaint if I am not satisfied with the response to my RTI application?
Answer: Yes, you can file a complaint if you are not satisfied with the response:
- File a Complaint: You can file a complaint with the State or Central Information Commission.
- Grounds for Complaint: The complaint can be based on failure to provide information, delay in response, or denial of information.
Complaint Filing:
- Mode: In person, by post, or online through the Information Commission’s website.
- Time Limit: Complaints should be filed within 90 days of the occurrence of the grievance.
Q. Is there a time limit for filing a complaint with the Information Commission?
Answer: Yes, the time limit for filing a complaint with the Information Commission is 90 days from the date of the occurrence of the grievance.
Q. Can RTI applications be filed online?
Answer: Yes, RTI applications can be filed online through the following platforms:
- RTI Online Portal: https://rtionline.gov.in/
- State RTI Portals: Some states have their own RTI portals for online applications.
Online Application Process:
- Register on the Portal: Create an account on the RTI Online portal.
- Submit Your Application: Fill out the online form and pay the fee.
- Receive Acknowledgment: You will receive an acknowledgment receipt with a unique registration number.
Q. What should I do if I do not receive a response to my first appeal?
Answer: If you do not receive a response to your first appeal:
- File a Second Appeal: You can file a second appeal with the State or Central Information Commission.
- Time Limit: The second appeal should be filed within 90 days of the date of the first appeal’s decision or the date when the response was due.
Q. Can the PIO deny information based on the ground of workload or inconvenience?
Answer: No, the PIO cannot deny information based on workload or inconvenience. The PIO is required to provide the information as per the provisions of the RTI Act, regardless of the workload.
Relevant Section:
- Section 7(1): The PIO must provide information within the stipulated time frame.
Q. What is the role of the Public Information Officer (PIO)?
Answer: The PIO is responsible for:
- Receiving RTI Applications: Accepting and processing RTI applications.
- Providing Information: Supplying the requested information or explaining why information cannot be disclosed.
- Maintaining Records: Keeping records of RTI requests and responses.
Q. How can I find out who the PIO is for a particular public authority?
Answer: To find the PIO for a public authority:
- Check the Official Website: Most public authorities list the PIO’s contact details on their official website.
- RTI Portal: Use the RTI Online portal to search for the PIO’s details.
- Contact the Authority: You can contact the public authority’s office directly to ask for the PIO’s details.
