The Right to

UNIT 2 THE RIGHT TO INFORMATION Information Act, 2005:

An Overview
ACT, 2005: AN OVERVIEW *

Structure

2.0 Objectives
2.1 Introduction
2.2 Framework of the RTI Act, 2005
2.3 Eligibility for the Right to Information
2.4 Obligations of Public Authority
2.5 Authorities under the RTI Act
2.6 Enforcement of Right to Information under the Act
2.7 Dissemination of proactive disclosure
2.8 Exemption from Disclosure of Information
2.8.1 Non-disclosure Clause
2.8.2 Exemption under Second Schedule
2.8.3 Exception under Section 9

2.9 Overriding effect of the RTI Act from Disclosure of Information

2.10 The RTI Act: Retrospective Effect
2.11 Appraisal
2.12 Conclusion
2.13 Glossary
2.14 References
2.15 Answers to Check Your Progress Exercises

2.0 OBJECTIVES
After studying this Unit, you should be able to:

Discuss the RTI Act and its working;

Explain the meaning of important terms under the RTI Act;
Analyse the mechanism of the RTI regime; and
Highlight the practical aspect of the RTI law and means to follow it.

Contributed by Prof. (Dr) Preeti Misra, Head, Department of Human Rights, School of
Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh.
37
The Right to
Information Act,
2.1 INTRODUCTION
2005
The Parliament of India enacted the Right to Information (RTI) Act, 2005 in
order to give effect to people’s right to know. This enactment was preceded
by Freedom of Information Act, 2002, which could never come into effect.
As a matter of fact, in various states RTI Acts came into operation much
before the RTI Act, 2005 became operative from 12th October, 2005. It
covers both Central and State level governing machinery. The Act of 2005
has overriding effect, since in case of conflict between the Centre and State
law, the Central law shall prevail. The Right to Information Act has definitely
been a powerful empowering legislation for citizens of India. Success of the
RTI Act can be gauged from the fact that every year near about six to eight
million applications are filed seeking one or other kind of information. The
Supreme Court’s leading judgments (State of UP v. Raj Narain, AIR 1975 SC
865; S. P. Gupta v. President of India, AIR 1982 SC 149) have regarded the
RTI as intrinsic part of fundamental rights under Article 19(1)(a) of the
Constitution, which embraces the true democratic ideal of freedom of
expression. In a democracy, the citizen’s voice must be free and unhindered.

Internationally, it has been accepted that freedom of expression includes the

right to be informed. Without the right to information, freedom of expression
cannot be fully realised. An uninformed citizenry cannot express or
participate meaningfully in democratic governance. The Right to Information
is, therefore, an intrinsic part of the fundamental right to freedom of
expression specifically mentioned under Article 19(1)(a). It is not a new right
conferred on the citizens. The essence of democracy is that each individual
citizen is a sovereign in his/her own right. The Right to Information Act,
therefore, needs to be understood as a tool of dialogue by each sovereign
individual with the State.

It is the people of a country, who play key role in democratic process of the
Government at every level. For them information means power, which is to
be shared with fellow citizens. Participatory governance is envisaged by the
Indian Constitution. If people of India were not given this right to
information, their role in the political process of the country would have been
negligible.

2.2 FRAMEWORK OF THE RTI ACT, 2005

The Right to information Act, 2005 (22 of 2005) which came into
enforcement from 12th October 2005 contains Preamble, 6 Chapters, 31
Sections and 2 Schedules.

38 Preamble
Preamble is the soul of any Act/Statute. It is the mirror to view the legislative The Right to
Information Act, 2005:
framework of any law. The Preamble of the RTI Act, plays a very important An Overview
role in interpreting the provisions of the statute. Just like the Preamble of the
Constitution, the interpretative clause of the RTI assists in arriving at the
objectives of the Act. The legislative intent of RTI is to create an informed
citizenry, “to contain corruption and to hold Governments and their
instrumentalities accountable to the governed”. Transparency ensures
absence of arbitrariness and corruption.

By enacting the RTI, the Parliament of India aims to harmonise conflicting

interests of public and bureaucracy by putting restrictions on the Right to
Information under Section 8 of the RTI Act, which are in sync with Article
19(2) of the Constitution providing an inherent and inbuilt safeguard in the
form of “reasonable restrictions”. The RTI law looks towards efficient
operations of the government, optimum use of limited fiscal resources and
preservation of confidentiality of sensitive information in national interest.

Extent & Commencement

Section 1 contains short title, extent and commencement. It states, “this Act
may be called the Right to Information Act, 2005”. The Act came into
operation w.e.f. 12-10-2005, after being passed by the Parliament on 12-05-
2005. It received the assent of the President on 15-06-2005. It extends to the
whole of India.

Important Terms

Section 2 of the Act is Definition Clause, which defines the meaning of the
important terms used in the body of the text of the Act. Here, we will take up
some selected ones-

Section 2(f) “Meaning of information”

Information means “any material in any form”, which exists with a public
authority. The information has to exist in the material form, such as “records,
documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data materials
held in any electronic form”. Information also covers legal and other opinions
received by the Public authorities. The list given in the section is only
illustrative.

The RTI Act suggests an important principle regarding private bodies.

“Information relating to any private body, which may not be covered by the
definition of “Public Authority” [given in Section 2(h)], can be obtained
through a Public Authority if the law allows the public authority to access it.
For Example-

39
The Right to Information about a private bank can be obtained from the Regulator -
Information Act,
2005 RBI - if the law requires the information to be filed.
Information about a private unaided school – from the Education
Department.
Information about a Public Limited Company – from the Registrar of
Companies or SEBI if the law empowers them to ask for it.
Information about a Cooperative Society – from the Registrar of
Cooperative Societies.
Information about Trusts – from the Charities Commissioner.
Information about various banks, including private banks – from the
Reserve Bank of India” (Shailesh & Prahalad, 2016).

Since inception of the Act, there has been controversy whether file noting
should be covered within the purview of the Act? Even an amendment was
proposed to take out file noting from the purview of the RTI Act, soon after
the Act became operative. But succumbing to civil society pressure, a cabinet
note was released on 23rd June, 2009, “…file noting can be disclosed except
file noting containing information exempt from disclosure under Section 8 of
the Act”. In Dr RK Garg v. Ministry of Home Affairs, it was held, “…noting
of a ‘confidential’ file should be disclosed only after giving opportunity to the
third party, such as, the officer(s) writing those notes, to be heard” (Appeal
No. CIC/AT/A/2006/00363).

“The Public authority holds the information on behalf of citizens. All the
information with the possession of Public authority is certainly information
as per the RTI Act, available to any citizen under the Act subject to the
exemptions of Sections 8 & 9”.

Section 2(i) Meaning of "record"

Record means “any record in any form available with public authority”. It
covers “any document, manuscript and file; any microfilm, microfiche and
facsimile copy of a document; any reproduction of image or images
embodied in such microfilm (whether enlarged or not); and any other
material produced by a computer or any other device”.

Section 2(j) “Meaning of Right to Information”

Right to Information means applicant’s “right to inspection of work,

documents and records, taking notes, extracts or certified copies of
documents or records, taking certified samples of material and obtaining
information in the form of diskettes, floppies, tapes, video cassettes or in any
other electronic mode or through printouts where such information is stored

40
in a computer or in any other device”. The information shall be provided The Right to
Information Act, 2005:
subject to the provisions of Section 7(9). An Overview

Section 2(h) “Public Authority” means any authority or body or institution

of self-government established or constituted —

a) by or under the Constitution;

b) by any other law made by Parliament;
c) by any other law made by State Legislature;
d) by notification issued or order made by the appropriate Government, and
includes any--
i) body owned, controlled or substantially financed;
ii) non-Government organisation substantially financed, directly or
indirectly by funds provided by the appropriate Government”.

The term public authority has been defined very widely to include all
governing structure, legislature and judiciary. It includes “any authority or
body which is considered as Government, means all Ministries and their
departments, Municipal Bodies and Panchayats. It will include Courts,
UPSC, and Public Sector Undertakings like Nationalised Banks, LIC, UTI,.
Deemed Universities which are created by specific notifications are also
public authorities as per sub clause (h) (d). Under Sub clause (d) (i) and (ii),
aided schools and colleges are Public Authorities. If there are Government
nominees on the boards of companies, or trusts or NGOs this is control by the
Government”. It is worth noting that establishments of the Parliament,
Legislatures, Judiciary, President and the Governors have also been brought
under the surveillance of the citizen.

Section 2(e) “Competent Authority”

“It is the duty of competent authorities to ensure that the supply of

information comes within the scope of their authority. Chief Justice of India
is competent authority with respect to the Supreme Court. All Chief Justices
of the High Courts are competent authorities in respect of all High Courts.
Similarly the presiding officers of the respective legislative chambers of
Parliament and State legislatures are competent authorities in relation to the
particular legislative chambers they preside. For other public authorities both
at the Centre and State level, the President of India, the respective Governors
and the Union Territory administrators are the competent authorities within
their respective spheres of governing authority” (Raj, 2011).

41
The Right to Check Your Progress 1
Information Act,
2005
Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.

1) What is Information as per the RTI Act, 2005? Discuss the importance
and meaning of the right to information

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

2) Define Public Authority and Competent Authority within the meaning of

the RTI Act, 2005 with some illustrative cases.

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

2.3 ELIGIBILITY FOR THE RIGHT TO

INFORMATION
Section 3 makes clear eligibility for asserting right to information. It declares,
“subject to the provisions of this Act, all citizens shall have the right to
information”. This is the smallest section, but has great implications. It is the
unfettered right of a citizen to get information from any public authority. The
restrictions can only be placed on the conditions given in Sections 8 and 9.

2.4 OBLIGATIONS OF PUBLIC AUTHORITY

Section 4 of the Act puts an obligation on all public authorities to provide
information to a citizen who seeks it unless the information sought comes
under the exempted category. “Under the RTI Act, 2005, Public Authorities
are required to make disclosures on various aspects of their structure and
functioning. This includes: (i) disclosure on their organisations, functions,
and structures, (ii) powers and duties of its officers and employees, and (iii)
financial information. The intent of such suo moto disclosures is that the
42
public should need minimum recourse through the Act to obtain such The Right to
Information Act, 2005:
information. If such information is not made available, citizens have the An Overview
right to request for it from the Authorities. This may include information in
the form of documents, files, or electronic records under the control of the
Public Authority. The intent behind the enactment of the Act is to promote
transparency and accountability in the working of Public Authorities” (PRIS
India, 2019).

2.5 AUTHORITIES UNDER THE RTI ACT

Designation of PIOs & APIOs

Section 5 of the Act requires public authorities to designate as many Public

Information Officers (PIOs) as may be necessary to provide information.
They are to be assisted by Assistant Public Information Officers (APIOs).
The public authority is also required to ensure that APIOs are designated at
different sub-divisional or sub district levels, for the purpose of receiving
applications of RTI and forwarding it to the PIOs for necessary action.

Constitution of Central and one State Information Commission

Sections 12 & 15 of the Act makes provision for Central and State
Information Commissions. Each Commission shall consist of one Chief
Information Commissioner (CIC) and some Information Commissioners
(ICs) not exceeding ten. These Commissioners are appointed by the President
or the Governor as the case may be on the recommendations of the three
member Committee consisting of the Prime Minister/Chief Minister, a
Cabinet Minister nominated by the Prime Minister/Chief Minister and the
leader of opposition from the House of People/Legislative Assembly. In the
absence of the designated leader of opposition, the leader of the largest
opposition group in the House shall be the third member of the Committee.
The CIC or ICs can be removed only on the ground of proved misbehaviour
or incapacity, which has been inquired into by the Supreme Court after the
matter has been referred to it by the President/Governor as the case may be.
“The entire information regime created under the Act is to work under their
control or supervision only”.

Terms and Conditions of Service

The RTI Amendment Act, 2019 changes the terms and conditions of service
of the Chief Information Commissioners (CIC) and Information
Commissioners (ICs) at the Centre and in States by amending Section 13 and
16 of the RTI Act, 2005. Table 2.1 highlights the comparative provisions of
the Act of 2005 and 2019.

43
The Right to Table 2.1: Comparison of the provisions of the Right to Information
Information Act,
2005 Act, 2005 and the Right to Information (Amendment) Act, 2019 w.e.f. 1st
August 2019

RTI (Amendment) Act,

Provision RTI Act, 2005
2019
The Chief Information
Commissioner
The Act removes this
and Information Commissioners
S. 13 & provision and states that the
(at the central and state level) will
S. 16 Central Government will
hold office for a term of five years
Term notify the term of office for
or up
the CIC and the ICs.
to the age of 65 years, whichever is
earlier.
The salary of the CIC and ICs (at
the central level) will be equivalent
to the salary paid to the Chief The Act removes these
Election Commissioner and provisions and states that the
Election Commissioners, salaries, allowances, and
Quantum respectively. other terms and conditions
of Salary Similarly, the salary of the CIC and of service of the central and
ICs (at the state level) will be state CIC and ICs will be
equivalent to the salary paid to the determined by the Central
Election Commissioners and the Government.
Chief Secretary to the State
Government, respectively.
The Act states that at the time of
the appointment of the CIC and ICs
(at the central and state level), if
they are receiving pension or any
other retirement benefits for
previous government service, their
salaries will be reduced by an
The Act removes these
Deductions amount equal to the pension.
provisions.
in Salary Previous government service
includes service under: (i) the
Central Government, (ii) State
Government, (iii) Corporation
established under a Central or State
Law, and (iv) Company owned or
controlled by the Central or State
44 Government.
 The Right to
2.6 ENFORCEMENT OF RIGHT TO Information Act, 2005:
INFORMATION UNDER THE ACT An Overview

Here, we will discuss the process for obtaining information and disposal of
requests. It is the right of every citizen to seek any information without
disclosing his identity and reason for asking information. The Act has
established a three-tier structure for enforcing the right to information
guaranteed under the Act. Public Authorities designate some of their officers
as Public Information Officers.

Submission of Application

Any person who desires to obtain any information under the Act can make a
request for the information under Section 6 of the Act without giving a
reason for such a request or any personal details, except those that are
necessary to contact him. This signifies that the Act does not prescribe any
specific format of application for making a request under this Act. An
application for RTI can be submitted either in writing or electronically in
English, Hindi or in the official language of the area in which applicant
resides. The application should accompany with requisite fee to the
Central/State PIO or APIO [Section 6(1)], designated by the Public
Authorities. These Officers are required to provide information to
the RTI applicant within 30 days of the request and within 35 days if
application is sent to APIO) [Section 5(2)]. Proviso to Section 7(1) provides
that information is to be given within 48 hours if right to life or liberty is
involved. If any information is provided on additional charge, as the cost of
providing that information, time taken for intimation and payment of fees is
excluded from the above time frame [Section 7(3)(a)]. If no action is taken on
application within stipulated time, the information is deemed as refused
[Section 7(2)].

Provisions for Appeal

RTI regime constructs two tier mechanism for appeal. The first appeal goes,
to an officer within the organisation who is senior in rank to the PIO. The
first appeal must be disposed of within 30 days or such extended period not
exceeding a total of 45 days from the date of filing. Second appeal lies to the
State Information Commission or the Central Information Commission, as
the case may be, against the first appellate authority [Section 19 (1) and (3)].
No time limit is specified in the Act for the disposal of second appeal. The
Commission exercises powers of a civil court, as dealing with a civil suit
under the Civil Procedure Code 1908.

45
The Right to Imposition of Penalty and Disciplinary Action against PIO
Information Act,
2005
Section 20(1) of the Act provides that the Commission can impose penalties
on erring PIO. A penalty of Rs. 250/- per day of delay, subject to the total
amount of such delay not exceeding Rs. 25,000/-. Whereas under section
20(2), in case of persistent failure to honour its decisions, disciplinary actions
may be recommended against the concerned PIO by the Commission.

The CIC/SIC exercises its jurisdiction over all Central/State Public

Authorities. It invites online quarterly returns from the Public Authorities
(PAs) in a prescribed pro forma [Section 25(3)], to fulfill its mandate of
preparation and forwarding of the Annual Report to the Appropriate
Government. The State Governments is “to compile in its official language a
guide containing such information, in an easily comprehensible form and
manner, as may reasonably be required by a person who wishes to exercise
any right specified in this Act [Section 26 (2)]”. Guide is to be updated at
regular intervals. The Government of India, Ministry of Personnel, Public
Grievances & Pensions, Department of Personnel & Training publishes a
guide, which facilitates all the stakeholders of right to information.

2.7 DISSEMINATION OF PROACTIVE

DISCLOSURE
The scheme of Section 4(1) is such that at every level of administration, the
requisite information shall be properly stored, indexed and computerised.
Under Section 4(1)(b) of the RTI Act, every public authority is required to
upload information in the public domain within 120 days of the coming into
force of the Act. The legislative objective is to discourage filing of individual
applications by having a transparent governance. In Central Board of
Secondary Education and Anr. v. Aditya Bandopadhyay and Ors (Central
Board of Secondary Education and Anr. vs. Aditya Bandopadhyay and Ors.,
(2011) 8 SCC 497), it was held, “…to start with, all RTI queries and answers
given (except where information relates to private matter) may be put in
public domain”.

Third Party Information

Section 11 provides for third party information. Third party means a person
other than the citizen making the application requesting information, and
includes a public authority [Section 2(n)]. Section 11 lays down procedure
and not an exemption. Section 7 (1) clearly states, “…request for information
may be rejected for any of the reasons specified in Section 8 and 9”. Section
11 gives an opportunity to the third party to put his objections to disclosing
information, which may be detrimental to his interests.

46
Section 11(a) provides, “Where a CPIO or a SPIO, as the case may be, The Right to
Information Act, 2005:
intends to disclose any information or record, or part thereof on a request An Overview
made under this Act, which relates to or has been supplied by a third party
and has been treated as confidential by that third party, the CPIO or SPIO, as
the case may be, shall, within five days from the receipt of the request, give a
written notice to such third party of the request and of the fact that the CPIO
or SPIO, as the case may be, intends to disclose the information or record, or
part thereof, and invite the third party to make a submission in writing or
orally, regarding whether the information should be disclosed, and such
submission of the third party shall be kept in view while taking a decision
about disclosure of information”. Under Section 7(1), it is mandatory for the
PIO to give information within thirty days of the receipt of application. Thus,
in case of third party information, deadline for providing information is
extended up to forty days.

In Bombay Stock Exchange v. SEBI (CIC/SM/A/2011/001687), “it was

held that RTI Act 2005 does not give automatic veto on disclosure of
information pertaining to him, which may be held by a public authority”.

In another case of K.K.Mahajan v. Office of Cantonment Board, Dagshai,

H.P. (CIC/AT/A/2006/00014), the CIC held, “a mere objection by a third
party is not enough reason to embargo the disclosure of such information.
The law requires the application of the CPIO and the appellate authority’s
minds regarding the pros and cons of a proposed disclosure. On the basis of
the facts of each case, in terms of the norms set out in the Act”.

“If third party is not satisfied with the decision of PIO for disclosure of
information, he can appeal under section 19 of the Act, in accordance with
the provision of Section 11(4). Third party has another opportunity of second
appeal to the Information Commission against the decision of the First
appellate authority” (Shailesh & Prahalad, 2016).

2.8 EXEMPTION FROM DISCLOSURE OF

INFORMATION
In the Act, there are certain exemption clauses, which deny the right to
information to citizens.

2.8.1 Non-disclosure Clause

1) Under Section 8(1) of the Act, ten categories of information are given,
which cannot be disclosed. It provides that notwithstanding anything
contained in this Act, there shall be no obligation to give any citizen:
a) information, disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security, strategic, scientific
47
The Right to or economic interests of the State, relation with foreign State or lead
Information Act,
2005 to incitement of an offence;
b) information, which has been expressly forbidden to be published by
any court of law or tribunal or the disclosure of which may
constitute contempt of court;
c) information, the disclosure of which would cause a breach of
privilege of Parliament or the State Legislature;
d) information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the
competitive position of a third party, unless the competent authority
is satisfied that larger public interest warrants the disclosure of such
information;
e) information available to a person in his fiduciary relationship, unless
the competent authority is satisfied that the larger public interest
warrants the disclosure of such information;
f) information received in confidence from foreign Government;
g) information, the disclosure of which would endanger the life or
physical safety of any person or identify the source of information or
assistance given in confidence for law enforcement or security
purposes;
h) information which would impede the process of investigation or
apprehension or prosecution of offenders; and
i) cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons
thereof, and the material on the basis of which the decisions were
taken shall be made public after the decision has been taken, and the
matter is complete, or over:
Provided further that those matters, which come under the
exemptions specified in this section shall not be disclosed;
j) information, which relates to personal information, the disclosure of
which has no relationship to any public activity or interest, or which
would cause unwarranted invasion of the privacy of the individual
unless the Central Public Information Officer or the State Public
Information Officer or the appellate authority, as the case may be, is
satisfied that the larger public interest justifies the disclosure of such
information:

Provided that the information, which cannot be denied to the

48 Parliament or a State Legislature shall not be denied to any person.
2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) The Right to
Information Act, 2005:
nor any of the exemptions permissible in accordance with sub-section An Overview
(1), a Public Authority may allow access to information, if public interest
in disclosure outweighs the harm to the protected interests.
3) Subject to the provisions of clauses (a), (c) and (i) of Sub-section (1), any
information relating to any occurrence, event or matter which has taken
place, occurred or happened twenty years before the date on which any
request is made under Section 6, shall be provided to any person making
a request under that section:
Provided that where any question arises as to the date from which the
said period of twenty years has to be computed, the decision of the
Central Government shall be final, subject to the usual appeals provided
for in this Act.

2.8.2 Exemption under Second Schedule

First there is Second Schedule of the Act, which contains a list of 26 security
and intelligence organisations established by the Central Government. The
State Governments are also authorised to notify their own lists of such
organisations. Any information relating to such organisations or any
information provided by such organisations to the Government does not
come within the purview of the RTI Act. The only exception is the
information relating to violation of human rights or that relating to
corruption.

2.8.3 Exemption under Section 9

Central/State PIOs has been empowered under section 9 of the Act “to reject
a request of information, where such a request would involve an infringement
of copyright subsisting in a person other than the State”.

2.9 OVERRIDING EFFECT OF THE RTI ACT

FROM DISCLOSURE OF INFORMATION
Non-obstante clause of Section 22 of the RTI Act, provides, “The provisions
of this Act shall have effect notwithstanding anything inconsistent therewith
contained in the Official Secrets Act, 1923, and any other law for the time
being in force or in any instrument having effect by virtue of any law other
than this Act”.

This clearly means that the RTI Act will prevail over all laws and rules,
including the Official Secrets Act, 1923. It does not mean that the Official
Secrets Act or other acts are repealed. When a request for information is filed
under the RTI Act, it can be denied only if the provisions of the RTI Act
provide for an exemption.
49
The Right to
Information Act,
2.10 THE RTI ACT: RETROSPECTIVE EFFECT
2005
One unique feature of the Act is that it is wholly retrospective in nature. It not
only applies to information created or held by public authorities after Act of
2005 has come into force. It applies to all information held by public
authorities regardless of its date.

Check Your Progress 2

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Who can seek information under the RTI Act, 2005? Discuss procedure
for obtaining information under the Act.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) What is proactive disclosure under the RTI Act, 2005? On what grounds
information can be refused under the RTI Act, 2005?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Explain third party information. Whether third party information can be
disclosed, if yes, what is the procedure?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

2.11 APPRAISAL
The RTI Act, 2005 has facilitated information to be claimed as a matter of
right. It has “empowered the individual citizen” and has paved a way towards
50 “inclusive good governance” leading to the fulfilment of the “accountability
principles” of the Preamble. The Act has helped people question every public The Right to
Information Act, 2005:
institution and authority on the matters of public interest like demonetisation, An Overview
non-performing assets, the Rafale fighter aircraft deal, electoral bonds,
unemployment figures, appointment of the Central Vigilance
Commissioner (CVC), etc. The RTI Act is a constant challenge to the
governance.

2.12 CONCLUSION
Though the RTI Act of India is well acclaimed at international level in terms
of its provisions, yet its rating for implementation and actual transparency is
not upto the mark. This is mainly because of the apathetic attitude of
authorities. There may be some conflict with the RTI and other public
interests, which need to be harmonised as per our Constitution. Independent
structures like RTI regime set up to regulate and monitor the government are
vital to a democratic state committed to deliver justice and constitutional
guarantees.

2.13 GLOSSARY
File Noting: File noting are written remarks recorded on a paper/file under
consideration to facilitate its disposal. Notes are recorded by bureaucrats,
ministers, etc. Hence, this becomes an important part of the information to
understand the rationale for a particular decision/action.

SEBI: It refers to the Securities and Exchange Board of India (SEBI), which
is a regulatory body for securities and commodity market under the
jurisdiction of Ministry of Finance, Government of India. The board was
established on 12th April 1992 in accordance with the provisions of the
Securities and Exchange of Board of India Act, 1992.

2.14 REFERENCES
Awasthi, S. K. (2008). The Right to Information Act, 2005. Allahabad, India:
Dwivedi Law Agency.

Bakshi, P. M. (2003). The Constitution of India. Delhi, India: Universal Law

Publications.

Barowalia, J.N. (2006). Commentary on the Right to Information Act, 2005.

Delhi, India: Universal Law Publishing.

Basu, D.D. (2008). Introduction to the Constitution of India. Nagpur, India:

Lexis Nexus Butter Worth.

Das, P.K. (2005). The Right to Information Act, 2005. Delhi, India:
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The Right to Goel, S.L. (2007). Right to Information and Good Governance. New Delhi,
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2.15 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

RTI is very important for good governance and having a corruption free
society. Information means any material in any form. Refer to Section
2.2 of the Unit for the answer.
2) Your answer should include the following points:
Refer to Section 2.2 of the Unit for the answer.

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Check Your Progress 2 The Right to
Information Act, 2005:
An Overview
1) Your answer should include the following points:
Any citizen of India even living abroad may seek information within the
provisions of the RTI Act. There is no particular proforma for filing RTI
application nor any reason is to be cited for asking information, only
requisite fee is required. Refer to Section 2.3 to 2.6 of this Unit.
2) Your answer should include the following points:
Refer to Section 2.7 and 2.8 of this Unit. You may also refer Unit 1 for
limitations on the RTI.
3) Your answer should include the following points:
Section 2(n) states that third party means a person other than the citizen
making the application requesting information. Refer to Section 2.7 of
this Unit along with the case law referred.

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