Right to Information Act, 2005

Act Overview

Full Title: The Right to Information Act, 2005 (Act No. 22 of 2005)
Enacted: 15 June 2005 | Effective: 12 October 2005
Objective: To provide a practical regime of right to information for citizens to promote transparency and accountability.
Chapters: 6 | Sections: 31 | Amended by: RTI (Amendment) Act, 2019

Chapter I — Preliminary

Sec. 2Definitions (परिभाषाएँ)+

Section 2(f) — "Information" (सूचना): Any material in any form — records, documents, memos, emails, opinions, circulars, orders, contracts, reports, samples, models, data in electronic form.

Section 2(h) — "Public Authority" (लोक प्राधिकरण): Any body established by Constitution, Parliament, State Legislature, or government notification. Includes government-owned, controlled, or substantially financed bodies.

Section 2(j) — "Right to Information": Right to inspect works, documents, records; take notes, extracts, certified copies; take certified samples; and obtain information in electronic form.

The definition of "information" is extremely broad — it includes not just documents but also samples, models, and electronic data. Even file notings (internal comments on government files) are covered.

Sec. 3Right to Information (सूचना का अधिकार)+

Subject to the provisions of this Act, all citizens shall have the right to information.

Short but powerful — establishes that every citizen of India has the right to information. Note: available only to citizens, not corporations or non-citizens.

Chapter II — Obligations of Public Authorities

Sec. 4Suo Motu Disclosure (स्वप्रेरणा से प्रकटीकरण)+

Mandates every public authority to proactively publish certain categories of information without waiting for RTI applications — organization structure, powers & duties, decision-making process, norms, directory of officers, budgets, expenditure, subsidy details, concessions, and permits.

If a government department hasn't published Section 4 information on its website, you can file a PIL or RTI application pointing this out.

Sec. 6Request for Information (सूचना प्राप्त करने का अनुरोध)+

Application in writing or electronic means, in English/Hindi/official language, with prescribed fee, addressed to PIO or APIO.

Section 6(2): An applicant shall not be required to give any reason for requesting the information or any other personal details except those necessary for contacting him.

Section 6(3) — Transfer: If information is held by another authority, PIO must transfer within 5 days.

If the PIO asks why you need the information, remind them of Section 6(2). They have no legal right to ask for reasons.

Sec. 7Disposal of Request (अनुरोध का निपटान)+

30 days for normal cases. 48 hours for life/liberty matters. 40 days for third party information. Non-response within time = deemed refusal, entitling the applicant to appeal.

Always note the date you submitted your RTI. If 30 days pass without response, immediately file a First Appeal. The deemed refusal provision is your strongest tool against delay.

Sec. 8Exemptions from Disclosure (प्रकटीकरण से छूट)+

Section 8(1) lists ten exemption categories: sovereignty/security, court-prohibited, parliamentary privilege, commercial confidence, fiduciary relationship, foreign government, endangering life, impeding investigation, cabinet papers, and personal information unrelated to public interest.

Section 8(2) — Public Interest Override: A public authority may allow access if public interest in disclosure outweighs the harm to protected interests.

Section 8(3): Information older than 20 years must be provided (with limited exceptions).

Always invoke the "public interest override" in your appeal. Information about corruption and human rights violations can never be withheld.

Chapter V — Appeals & Penalties

Sec. 19Appeal (अपील)+

First Appeal (19(1)): Before officer senior to PIO, within 30 days, no fee, decision in 30-45 days.

Second Appeal (19(3)): Before Central/State Information Commission, within 90 days.

Section 19(5): Burden of proof lies on the PIO to justify refusal — not on the applicant.

In Second Appeal, the burden shifts to the PIO — they must prove refusal was justified. This is very powerful.

Sec. 20Penalties (शास्ति / दंड)+

₹250 per day of delay, up to ₹25,000 maximum. Plus recommendation for disciplinary action.

Penalty applies when PIO: refuses to accept application, fails to respond in time, malafidely denies information, knowingly gives incorrect/misleading information, or destroys information.

Always include a prayer for Section 20 penalty in your Second Appeal. This creates pressure for compliance and ensures accountability.

Note: RTI (Amendment) Act, 2019

The 2019 Amendment changed the tenure, salary, and service conditions of Information Commissioners — now prescribed by Central Government through rules instead of being fixed by statute. This has been criticized for potentially undermining the independence of Information Commissions.

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