Right to

Information Laws

Prof. S.M. Aamir Ali & Prof. Akshra Mehla

1. A General
Overview of
the RTI Act
and
Introduction The evolution of the The important terms
Explanation Right to Information
in India
and concepts used in
the Act
of Important
Concepts/Ter
ms in the Act. 2
 • The time that we live in is also known as the information age. The
technological revolution has brought us to an era where information is
easily transmitted from one corner of the world to another. But, the
functioning of the government is still marred by the hangover of the
permit licence raj and there is an inherent unwillingness amongst
government servants to part with information regarding the working of
the government. However, over the last few years, there has been an
increasing demand for greater accessibility to information, mostly in
order to curb corruption and promote greater accountability of
government agencies towards the citizens.
• Transparency and accountability in administration is the sine qua non
of participatory democracy. Information is the oxygen that any citizen
needs to live in the social structure of the society and maintain its
democratic balance. Right to Information (RTI) in India was
developed through Judicial pronouncements thereby distinguishing
itself as a Fundamental Right under Article 19 (1) (a). After a gradual
period of time, realizing the importance of this right to know, this right
Introduction was established in 2005 as a full-fledged statute in the name of “The
Right to Information Act, 2005”. This RTI Act became a pioneer tool 3

to the citizens of India for promoting, protecting and defending their

Right to know.
• The right to information has been a subject of discussion not only in India, but also at the
international level. Article 19 of The International Covenant on Civil and Political Rights (ICCPR),
signed among others by India, defines the parameters of people’s right to information. It lays down
that every citizen shall have the right to freedom of opinion and expression, which shall include
‘freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art or through any other media of his choice.’ The
Covenant has at the same time placed ‘reasonable restrictions’ on this right only to the extent of
safeguarding ‘rights or reputation of others’ and ‘protecting national security or of public order, or of
public health and morals.’
• Thus, it is quite clear that right to information lies at the root of all fundamental rights. Failure of the
state to provide access to information or state suppression of information can lead to any number of
human rights violations. The right to information is fundamental to the realisation of rights as well as
effective democracy, which requires informed participation by all.
• This Unit seeks to familiarise the learners with the need for a right to information law and the
background in which the Right to Information Act 2005 has been brought into force. It will also
familiarise the learners with the key provisions of the Act and some of the important state initiatives
that have been taken to ensure its effective implementation
4
 • Every citizen possesses the right to information.
• The term information includes any mode of information in any form
of record, document, email, circular, press release, contract sample
or electronic data etc.
• Right to information covers inspection of work, document, record
and its certified copy and information in any other electronic mode.
• Applicant can obtain information within 30 days from the date of
Important request in a normal case.
• Information can be obtained within 48 hours from time of filing the
Features of request if it is a matter of life or liberty of a person.
• Every public authority is under obligation to provide information
the Right to on written request or request by electronic means.
• Certain information is prohibited for security reasons.
Information • Penalty for not providing information is Rs. 250/ per day but the
total amount of penalty should not exceed Rs. 25,000.
Act, 2005: • Central Information Commission and State Information
Commission are to be constituted by the Central Government and
the respective State Governments.
5
• No Court can entertain any suit, application or other proceedings in
respect of any order made under the Act.
 GENESIS OF RTI- MKSS
• The campaign for right to information in India has its
genesis in Rajasthan led by the Mazdoor Kisan Shakti
Sangathan.
• MKSS's struggle and its success made the issue more
public at the national level.
• Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan
Evolution of that forced the state government to pass the right to
information Act in 1997.
the Right to • movement by peasants and workers that demanded
social audit of accounts in the villages and thereby
Information exposed the corruption at the lower levels of
administration.
Act, 2005 6
 NCPRI
• The success of MKSS had its impact all over India and at all sections of the society. The MKSS advocacy gave rise
to a National Campaign on People's Right to Information (NCPRI), which was formed as a support group for the
MKSS and to do advocacy on right to information at a national level.
• Although as a group it has not been highly active or aggressive, the presence of senior and respected media
persons, serving and retired bureaucrats and members of the bar and judiciary in the committee make it an
important nodal body.

ASSOCIATION FOR DEMOCRATIC REFORMS

• The Association for Democratic Reforms based in Ahmedabad in Gujarat seeks to bring transparency in elections
and makes an attempt to cleanse the electoral system.
• In a run up to the Gujarat polls in 2002, this group launched an Election Watch Experiment wherein its members
collected and gave wide publicity to the background of candidates collected from affidavits filed under "The
Representation of the People Act Amendment ordinance" which was in force at that time.
• The organisation is responsible for the court cases which resulted in the voter's right to know being declared a
fundamental right by the Supreme Court. The latest judgement of the apex court makes it mandatory for every
candidate to file five affidavits at the time of filing nominations.

7
8
 JUDICIAL MOMENTS
• Secretary General, Supreme Court of India vs. Subhash Chandra Agarwal AIR 2010 Del
159 (FB)- source of right to information not RTI Act, but is a constitutional guarantee
LEADING CASES
Union of India vs. Association for Democratic Reforms AIR 2002 SC 2112
Resurgence India vs. Election Commission of India AIR 2014 SC 344
LIC vs. Manubhai D Shah 1992 3 scc 677
Bennett Coleman vs. UOI AIR 1973 SC 106
UOI vs. Cinema Art Foundation AIR 1992 SC 637
Secretary, Ministry of I & B vs. CAB 1995 2 SCC 161
CBSE Vs. Aditya Bandopadhyay (2011)
Girish Ramchandra Deshpande Vs. Central Information Commission (2013)
• The CPIO, Supreme Court of India Vs. Subhash Chandra Agarwal & Anr.
9
• Subhash Chandra Agarwal v Indian National Congress & Ors.
 As per the Right to Information Act 2005 (RTI Act 2005),
the right to information includes the right to:
• inspect works, documents, and records;
• take notes, extracts or certified copies of documents
or records;
• take certified samples of material; and
• obtain information in form of printouts, diskettes,
floppies, tapes, video cassettes or in any other
RIGHT TO electronic mode or through printouts.
INFORMATION
ACT 2005
10
 Some of the important terms used in the RTI Act 2005 and their
definitions as per the Act are as given below:
• Information: records, documents, memos, e-mails, opinions,
advice, press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in
electronic form and information about private bodies can be
accessed under existing laws by a public authority.
• Public Authority: any authority or body or institution of self-
government established or constituted by or under the
Constitution or by any other law made by Parliament or the
State Legislature, and includes any body or a non-government
organisation owned, controlled or substantially financed,
Important directly or indirectly by funds provided by the appropriate
government.

Definitions • Record: includes 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. 11
• Central Public Information Officer and State Public Information
Officer: the Central Public Information Officer (CPIO) designated
under sub-section (1) and includes a Central Assistant Public
Information Officer(CAPIO) designated as such under sub-section (2) of
Section 5. It is the duty of every public authority to designate as many
officers as the CPIOs or SPIOs, as the case may be, in all administrative
units or offices under it, as may be necessary to provide information to
persons requesting for the information under this Act, within one
hundred days of the enactment of this Act. Besides, as per sub-section
(2), every public authority shall designate an officer, within one
hundred days of the enactment of this Act, at each sub-divisional level
or other sub-district level as a CAPIO or a SAPIO, as the case may be, to
receive the applications for information or appeals under this Act for
forwarding the same forthwith to the CPIO or the SPIO or senior officer
specified under sub-section (1) of Section 19 or the Central Information
Commission (CIC) or the State Information Commission (SIC), as the
case may be. It is the duty of the Central or State PIO to deal with
requests from persons seeking information and render reasonable
assistance to the persons seeking such information, and for this
purpose he can take assistance of any other officer or official as he
deems fit.
12
• Appellate Authority: the officer immediately senior in rank to the PIO,
and appointed by the appropriate public authority as such.
• Central Information Commission: the CIC is constituted under
sub-section (1) of Section 12 of the Act. It consists of a Chief Information
Commissioner and such number of Information Commissioners, not
more than ten, as deemed necessary. They are to be appointed by the
President on recommendation of a Committee consisting of the Prime
Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet
Minister nominated by the Prime Minister.
• Chief Information Commissioner and Information Commissioner: the
Chief Information Commissioner and Information Commissioner are
appointed under sub- section (3) of Section 12 of the RTI 2005 by the
Central Government. Every Information Commissioner shall hold office
for a term of five years from the date on which he enters upon his office
or till he attains the age of sixty-five years, whichever is earlier, and shall
not be eligible for reappointment.
• State Information Commission: the SIC is constituted under
sub-section (1) of Section 15. The Commission shall consist of the State
Chief Information Commissioner, and such number of State Information
Commissioners, not exceeding ten, as may be deemed necessary. They
are to be appointed by the Governor on recommendation of a
Committee consisting of the Chief Minister, the Leader of Opposition in
13
the State Legislative Assembly and a State Cabinet Minister nominated
by the Chief Minister.
• State Chief Information Commissioner and State
Information Commissioner: the State Chief Information
Commissioner and the State Information Commissioner are
appointed under sub-section (3) of Section 15. The State Chief
Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life
with wide knowledge and experience in law, social service,
management, journalism, science and technology, mass
media or administration and governance.
• Competent Authority
– (i) Speaker in the case of the House of the People or the
Legislative Assembly of a State or a Union territory having such
Assembly; and the Chairman in the case of the Council of States
or Legislative Council of a State;
– (ii) Chief Justice of India in the case of the Supreme Court;
– (iii) Chief Justice of the High Court in the case of a High Court;
– (iv) President or the Governor, as the case may be, in the case
of other authorities established or constituted by or under the
Constitution; and
– (v) Administrator appointed under Article 239 of the 14
Constitution.
• Third Party: A person other than the citizen making a
request for information and includes a public
authority. If information is given by third party and
treated as confidential by the third party then PIO
must give it written notice inviting objections, if any.
Third party must be given notice within 5 days of
receiving information request. It may give verbal or
written submissions to PIO within 10 days of receiving
notice, and may approach the appellate authority
within 30 days and the Information Commission within
90 days.

15
Thank You!