RTI Act, 2005

📘 Overview of the RTI Act, 2005

The Right to Information Act, 2005, is a landmark legislation enacted by the Parliament of India to promote transparency and accountability in the functioning of public authorities. It empowers citizens to access information under the control of public authorities, thereby making the government more open and participatory.​

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🎯 Objectives of the RTI Act

• Empower Citizens: Enable citizens to access information held by public authorities.​

• Promote Transparency: Ensure openness in government operations.​

• Enhance Accountability: Hold public authorities accountable for their actions.​

• Curb Corruption: Reduce corruption by making information accessible.​

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📜 Key Provisions of the RTI Act

1. Applicability

The Act applies to all public authorities at the central, state, and local levels, including:​

• Executive bodies​

• Legislative bodies​

• Judiciary​

• Constitutional bodies​

• Non-governmental organizations substantially financed by the government​

2. Right to Information

Citizens can request information from public authorities, which are obligated to respond within:​

• 30 days for general requests​

• 48 hours if the information concerns the life or liberty of a person​

3. Public Information Officers (PIOs)

Every public authority must appoint:​

• Central Public Information Officers (CPIOs): For central government bodies

• State Public Information Officers (SPIOs): For state government bodies​

These officers are responsible for receiving and processing RTI applications.

4. Exemptions (Section 8)

Certain categories of information are exempt from disclosure, including

• Information that would prejudicially affect the sovereignty and integrity of India​

• Information forbidden by courts or tribunals​

• Information that would endanger the life or physical safety of any person​

• Information received in confidence from foreign governments​

However, if the public interest in disclosure outweighs the harm to the protected interests, the information may be disclosed.​

5. Information Commissions

• Central Information Commission (CIC): Deals with RTI matters related to central government bodies.​

• State Information Commissions (SICs): Handle RTI issues concerning state government bodies.​

These commissions adjudicate appeals and complaints regarding RTI requests.​

6. Penalties

Public Information Officers can be penalized ₹250 per day, up to a maximum of ₹25,000, for:​

• Refusing to accept an application​

• Delaying information release without reasonable cause​

• Malafidely denying information​

• Knowingly giving incomplete, incorrect, or misleading information

• Destroying information that has been requested​

• Obstructing furnishing of information in any manner

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🔄 Recent Amendments and Developments

1. RTI Amendment Act, 2019

This amendment altered the terms and conditions of service for the Chief Information Commissioner and Information Commissioners at both central and state levels. The central government now has the authority to determine their tenure and salaries, which was previously fixed at five years or until the age of 65, whichever is earlier. This change has raised concerns about the independence of the Information Commissions.​

2. Digital Personal Data Protection (DPDP) Act, 2023

The DPDP Act introduced significant changes to the RTI framework, particularly affecting Section 8(1)(j):​

• Stricter Privacy Norms: The amendment imposes a blanket prohibition on disclosing personal information, even if such disclosure serves the public interest.​

• Impact on Transparency: This change has been criticized for potentially hindering social audits and efforts to uncover misuse of public funds or corruption.​

• Pending Implementation: The amendment will come into effect once the DPDP Rules are notified.​

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🏛️ Landmark Judicial Decisions

• Raj Narain vs. State of Uttar Pradesh (1975): The Supreme Court held that the right to know is a fundamental right under Article 19(1)(a) of the Constitution.​

• Central Public Information Officer, Supreme Court of India vs. Subhash Chandra Agarwal (2019): The Supreme Court ruled that the office of the Chief Justice of India falls under the purview of the RTI Act.​

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📌 Important Sections to Remember

• Section 3: Right to information for all citizens.​

• Section 4: Obligations of public authorities to maintain and proactively disclose information.​

• Section 5: Designation of Public Information Officers.

• Section 6: Procedure for requesting information.

• Section 7: Disposal of requests.​

• Section 8: Exemptions from disclosure of information.​

• Section 19: Appeals process