Right to Information

Dr. S. Madhuri Paradesi,
Assoc. Professor, Dept of Law
Sri Padmavati Mahila Visvavidyalayam
(Women's University)
Mobile: 9441664071,7075809742
Email ID: madhuriparadesi@gmail.com
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 Right to information act-2005
 Definitions and Concept’s.
 A Bill on RTI Act -2004
 Salient features of Right To Information Act-2005.
 Criticisms
 Powers of RTI Act-2005
 Key features
 Conclusion
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The Right to Information Act, simply known as RTI, is a revolutionary Act
that aims to promote transparency in government institutions in India.
The Act came into existence in 2005, after sustained efforts of anti-
corruption activists.
It is termed revolutionary because it opens government organisations up
for scrutiny. Equipped with knowledge about RTI, a common man can
demand any government agency to furnish information. The organisation
is bound to provide the information, that too within 30 days, failing which
the officer concerned is slapped with a monetary fine.
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When did RTI begin?
RTI Act has been made by legislation of Parliament of India on 15 June 2005. The Act came into
effect on 12 October 2005 and has been implemented ever since to provide information to crores of
Indian citizens. All the constitutional authorities come under this Act, making it one of the most
powerful laws of the country.
The following Q&A will help you on How to File RTI?
 Every Indian should know about RTI filing.The procedure to File RTI is simple and hassle-free.
Write the application (or get it typed, your choice) on a paper in English/Hindi/the official language
of the state. Some states have prescribed format for RTI applications. Address it to the PIO (Public
Information Officer) of the department concerned.
 Ask specific questions. See to it that they are clear and complete, and not confusing whatsoever.
 Write your full name, contact details and address, where you want the information/response to
your RTI be sent.
 Take a photocopy of the application for your record. If you’re sending the application by post, it’s
advisable to send it via registered post, as then you will have an acknowledgement of your
request’s delivery. If you’re submitting the application to the PIO in person, remember to take an
acknowledgement from him/her.

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Some important points:
 The Act is so people-friendly that if an illiterate person approaches a PIO and wants
some info under the RTI, he/she can tell his requirement to the PIO and the officer is
obliged to write it down for them and read it to them before processing it.
 One need not write the application on a clean sheet of paper. Even a crumpled, old,
torn piece of paper will do, so long as your written content on it is legible.
 Until the RTI Act empowered the common man to demand information from
government, only the members of Parliament had the privilege of seeking this
information.
 If you are hesitant about sending your RTI application by post and can’t take a day off
work to catch hold of the PIO concerned, you can go to your post office and submit
your application to the assistant PIO. The postal department has appointed many
APIOs across its many offices. Their job is to receive RTI applications and forward
them to the PIO or appellate authority concerned.
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How to File Online RTI?
 Currently, Central and a few State government departments have facility for filing Online RTI.
However, there are multiple independent websites that let you file your application online.
They charge you a nominal amount, for which they draft your application and send it to the
relevant department. This is as good as sending an RTI application without having to worry
about the particulars you get familiar with the Act and how to use it.
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Which Government Organisations are required to give RTI information under RTI
Act?
 All government agencies, whether they are under a state government or the Centre,
come under the purview of the Act. For example, Municipal Corporations, PSUs
(Public Sector Units), Government departments, Ministries at the State as well as
Central level, Judiciary, Government owned Companies, Government Universities,
Government Schools, Works Departments, Road Authorities, Provident Fund
department etc. The list is quite an exhaustive one.
 You can ask a government how much money is being spent on renovation of its
ministers’ bungalows, what their telephone bill or fuel expenditure is. Or you can ask
what amount was spent on MLAs’/MPs’ foreign trips.
 You can ask how much of allocated money your elected representatives have utilised
on improving their constituency; you are entitled to ask for even a break-up of the
amount spent, project-wise. This RTI information is available because it is the
taxpayers’ money that is being spent here. Few ministries and departments make
online rti replies available to the public. You can see them on the respective websites.
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 Not only governments and their departments, but also smaller units such as your city
corporation or gram panchayat fall under the ambit of RTI. Be it police, passport office,
your electricity/water supply company or even the IRCTC, all are required to furnish RTI
information.
 Through RTI, we can get copies of government documents such as records,
advices/opinions, reports, papers, file notings. Even email communications and data held
in electronic form has to be made available to citizens upon an RTI application. We can
even go to the department’s office and inspect their records and documents, if at all the RTI
information is voluminous you can take photocopies, obtain certified copies, take printouts
and what not.
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Which Government Departments are exempted from the Act?
 Twenty-odd organisations are exempted from RTI. But all these entities are related to the country's defence and
intelligence, such as RAW, BSF, CRPF, CISF, Intelligence Burearu, National Security Guard etc.
 Further, there are some specific instances whereby RTI information cannot be furnished. These instances relate
to matters which:
 Would affect national security, sovereignty, strategic, economic and/or scientific interest.
 Have been disallowed by the court to be released.
 Have been disallowed by the court to be released.
 Relates to trade secrets or intellectual property, information which might affect/harm the competitive position of
a third party.
 elates to information under fiduciary relationship.
 Relates to foreign government information.
 Would affect the life/physical safety of any person.
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 Would affect the process of an investigation.
 Relates to cabinet papers.
 Relates to personal information without any public interest.
However, RTI law says that any information which cannot be denied to a Member of
Parliament or state legislature cannot be denied to any citizen.
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How to use RTI to solve personal problems?

 Be it never-ending delay in dispatch of passport or police dilly-dallying in giving you a
copy of FIR you might have filed, submit an RTI application asking pointed questions.
Highly likely this will be the beginning of the end of your woes. Pending income tax return,
pension’s release, withdrawal or transfer of PF, release of Aadhaar card or issuance of
property documents or driving licence. Using the RTI tool in any of these scenarios—or
other cases involving a government agency—will guarantee you an official response,
based on which you can take things further if your issue is not solved.
 A citizen can ask government officials reasons for delay in government service requested
for. For example, if you have applied for passport and it has not been delivered. Then one
can apply RTI with the following questions:
 Please provide daily progress done on my passport application.
 Please provide names of officers with whom my application has been lying during this
period.
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 Please inform as per your citizen’s charter in how many days I should have got my
passport.
In majority of cases, the problem gets resolved. This way you can use RTI to solve
many other pending issues and especially the ones where bribe is being asked.
 How to use RTI to solve problems in the community?
If in your community, you think the facilities are not as expected or you observe some
government maintained property in bad condition, you can use RTI to get the
government working on it.
For instance, if there is a road in very bad condition you can ask the following
ququestion
 How much money has been spent on the development of road in past 3 years?
 How was the money spent?
 Please provide a copy of the orders
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 How to solve problems using RTI?
Which Personal Problems can be solved using RTI
 Pending Income Tax return
 Delayed PF withdrawal
 Delayed PF Transfer
 Delayed Passport
 Delayed Aadhar card
 Delayed IRCTC Refund
 Copies of answer sheets
 Property Documents like Occupancy Certificate/Completion Certificate
 Status of FIR
 Status of a complaint
 Status of EPF
 Delay in Scholarship
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Which Social Problems can be solved using RTI
 Fix roads with pot holes
 Conduct social audit of government projects
 Know how your MP/MLA spent the fund allocated to him
 Know how a particular government project or scheme was implemented

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How powerful is RTI Act and how is RTI any different from other anti-corruption laws?
 When it comes to RTI, there are watchdogs on multiple levels to ensure the Act is followed
in letter and spirit. The Act has employed a 'perform or perish' approach, besides setting up
a mechanism to dispense information.
 Every government organisation is needed to appoint one employee as a public information
officer (PIO). Once a department gets an RTI request, it is the responsibility of the PIO to
furnish the information to the applicant within 30 days. Failing to do so means, a monetary
fine can be imposed on the PIO. The longer a PIO makes an applicant wait, the more the
penalty levied on him/her. There have been instances where PIOs have been asked to
cough up amount in thousands of rupees as fine.
 Every state has an Information Commission, comprising a Chief Information Commissioner
and a few information commissioners. Former judges, IAS, IPS officers of impeccable record
are appointed to these positions by the government. Above them in the hierarchy is the
Central Information Commission and below them are first and second appellate authorities
to see to it that an applicant does get the RTI information he/she has requested.
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 How many days does it take to get RTI response?
 As per law, the RTI information should be provided in 30 days. However,
are misplaced or missing. Or the agency you've written to needs to co-
to provide you the information you want. In such situations, the information
to arrive. In such case, the PIO concerned needs to send you a written
delay and the reason. If he/she fails to do so and you don't receive the info
be levied on the PIO if the matter taken up with appellate authorities.
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What is the fee for seeking information under the RTI?
 For central government departments one needs to pay Rs. 10 with every RTI application.
Mode of payment may vary from government to government. While submitting application in
person, some organisations accept cash while some do not. Some ask for Court Fee Stamp,
some ask for Indian postal order (IPO). When sending an RTI application by post, we can use
IPO/ court fee stamp of Rs. 10.
 Those below poverty line (BPL) do not have to pay Rs. 10 as fee for filing an RTI.
 If you’ve asked the government office to furnish copies of some records, you will need to pay
Rs. 2 per page. Once the office receives your request and ascertains the amount you will
need to pay towards making copies, you will get intimation via post. You can make the
payment by sending postal order/court fee stamp/demand draft of the said amount.
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Is RTI act different for different states?
 The central government has come up with RTI act which is applicable in all states except
Jammu and Kashmir which has its own act very similar to central act.
 Each state has extended central act with state specific rules which contain rules on RTI
fees, mode of payment, RTI application form and sometimes a limit on number of words or
questions.
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 PREAMBLE
 “An Act to provide for setting out the practical regime of right to information for citizens to
secure access to information under the control of public authorities, in order to promote
transparency and accountability in the working of every public authority, the constitution of a
Central Information Commission and State Information Commissions and for matters
connected therewith or incidental thereto.
 WHEREAS the Constitution of India has established democratic Republic;
 AND WHEREAS democracy requires an informed citizenry and transparency of information
which are vital to its functioning and also to contain corruption and to hold Governments and
their instrumentalities accountable to the governed;
 AND WHEREAS revelation of information in actual practice is likely to conflict with other public
interests including efficient operations of the Governments, optimum use of limited fiscal
resources and the preservation of confidentiality of sensitive information;
 AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the
paramountcy of the democratic ideal;
 NOW, THEREFORE, it is expedient to provide for furnishing certain information to citizens
who desire to have it.
 BE it enacted by Parliament in the fifty-sixth year of the Republic of India as follows” 21

 Ever thought what life would have been in Free India without any law? Yes it would have been
the same way for all as it is for some people living in remote areas and totally ignorant of the
laws. Framing laws to provide rights to the citizens does not complete the meaning of
Freedom. It’s the applicability of law and accountability of the state that gives the freedom its
true sense. Hence to establish freedom The Right to Information Act 2005 was passed by the
parliament.
 The Right to Information Act is an act of the Parliament of India “to provide for setting out the
practical regime of right to information for citizens.” It has replaced the Freedom of
Information Act 2002 which was drafted by H. D. Shourie because the act contained too
many exemptions and no upper limit on the charges that could be levied.
 Provisions
 This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October
2005. The first application was given to a Pune police station by Shahid Raza Burney.
Information disclosure in India was restricted by the Official Secrets Act 1923 and various
other special laws, which the new RTI Act relaxes. Right to Information is applicable to all
States and Union Territories of India except the State of Jammu and Kashmir.
 The State level RTIs were first successfully enacted by the state governments of Tamil Nadu
(1997), Goa (1997), Rajasthan (2000), Delhi (2001), Maharashtra (2002), Assam (2002),
Madhya Pradesh (2003), Jammu and Kashmir (2004), Haryana (2005) and Andhra Pradesh
(2005).
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 Under the provisions of this Act any citizen of India can ask any Public authority i.e. “any
Government body or instrumentality of state, including bodies, owned, controlled or
substantially financed by government, or non-Government organizations, substantially
financed, directly or indirectly by funds provided by the government” for the information and
these bodies have to provide the information expeditiously or within a period of 30 days.
 The private bodies do not come in the ambit of RTI however in the case Sarbjit Roy vs Delhi
Electricity Regulatory Commission, the Central Information Commission also reaffirmed that
privatized public utility companies continue to be within the RTI Act- their privatization
notwithstanding. The political bodies are also a form of government bodies hence are
answerable to people under this Act.
 PROCEDURE OF FILING RTI:
 1. The process of filing an RTI is reactive. The information is disclosed by the authorities on an
application made by the person seeking information from a Public Information Officer.
 2. Any person may submit a written request to the PIO for information. It is the PIO’s
obligation to provide information to citizens of India who request information under the Act.
 3. If the request pertains to another public authority (in whole or part), it is the PIO’s
responsibility to transfer/forward the concerned portions of the request to a PIO of the other
authority within 5 working days.
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 In addition, every public authority is required to designate Assistant Public Information
Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of
their public authority.
 5. The applicant is required to disclose his name and contact particulars but not any
other reasons or justification for seeking information.
 6. The Central Information Commission (CIC) acts upon complaints from those
individuals who have not been able to submit information requests to a Central Public
Information Officer or State Public Information Officer due to either the officer not
having been appointed, or because the respective Central Assistant Public
Information Officer or State Assistant Public Information Officer refused to receive the
application for information.
 7. The Act specifies time limits for replying to the request.
 If the request has been made to the PIO, the reply is to be given within 30 days of
receipt.
 9. If the request has been made to an APIO, the reply is to be given within 35 days of
receipt.
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 10. If the PIO transfers the request to another public authority (better concerned with the information
requested), the time allowed to reply is 30 days but computed from the day after it is received by the
PIO of the transferee authority.
 11. Information concerning corruption and Human Rights violations by scheduled Security agencies
(those listed in the Second Schedule to the Act) is to be provided within 45 days but with the prior
approval of the Central Information Commission.
 12. However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours.
 A citizen who desires to seek some information from a public authority is required to send, along with
the application, a demand draft or a bankers cheque or an Indian Postal Order of Rs.10/- (Rupees
ten) payable to the Accounts Officer of the public authority as fee prescribed for seeking information
 14. The applicant may also be required to pay further fee towards the cost of providing the
information, details of which shall be intimated to the applicant by the PIO as prescribed by the RTI
ACT.
 15. Since the information is to be paid for, the reply of the PIO is necessarily limited to either denying
the request (in whole or part) and/or providing a computation of “further fees”.
 16. The time between the reply of the PIO and the time taken to deposit the further fees for
information is excluded from the time allowed.
 17. If the information is not provided within this period, it is treated as deemed refusal. Refusal with or
without reasons may be ground for appeal or complaint. Further, information not provided in the
times prescribed is to be provided free of charge.
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 Following are the bodies which are excluded from the RTI:IB,
 Directorate General of Income tax (Investigation),
 RAW,
 Central Bureau of Investigation (CBI),
 Directorate of Revenue Intelligence,
 Central Economic Intelligence Bureau,
 Directorate of Enforcement,
 Narcotics Control Bureau,
 Aviation Research Centre,
 Special Frontier Force,
 BSF,
 CRPF,
 ITBP,
 CISF,
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 NSG,
 Assam Rifles,
 Special Service Bureau,
 Special Branch (CID),
 Andaman and Nicobar,
 The Crime Branch-CID-CB,
 Dadra and Nagar Haveli
 Special Branch, Lakshadweep Police.
 Hence excluding the above bodies, RTI is available for all the other government bodies and has
become one of the most important pieces of legislation which makes the bureaucracy and
government accountable.
 Concluding Right to Information helps citizens to secure access to information under the
control of public authorities, in order to promote transparency and accountability in the
working of every public authority, the constitution of a Central Information Commission and
State Information Commissions and for matters connected therewith or incidental thereto.
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A
BILL
 to provide for setting out the practical regime of right to information for people to
secure access to information under the control of public authorities. In order to
promote transparency and accountability in the working of every public authority, the
constitution of a Central information Commission and for matters connected therewith
or incidental thereto.
 BE it enacted by Parliament in the Fifty-fifth Year of the Republic of India as
follows:
 1. (1) This Act may be called the Right to Information Act, 2004.
 (2) It extends to the whole of India except the State of Jarnmu and Kashmir.
 (3) It shall come into force on the one hundred and twentieth day of its enactment.
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2. In this Act, unless the context otherwise requires,
 (a) “Commission’” means the Central Information Commission constituted. Under section
12; .
 (b) “competent authority” means
 (i) the Speaker in the case of the House of the People or the Legislative Assembly of a
Union territory and the Chairman iI1 the case of the Council of States;
 (ii) the Chief Justice of India in the case of the Supreme Court;
 (iii) the Chief Justice of the High Court of Delhi in the case of the High Court of Delhi;
 (iv) the President in the case of other authorities created by or under the Constitution;
 (v) the administrator appointed under article 239 of the Constitution;
 (c) “Government”, in relation to a public authority established, constituted, owned,
substantially financed by funds provided directly or indirectly or controlled by the Central
Government or a Union. Territory administration, means the Central Government;
 (d) “information” means any material in any form, including records, documents, memos, e-
mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material held in any electronic form and information relating
to any private body which can be accessed by a public authority under any other law for the
time being in force;
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 (e) “Information Commissioner” and “Deputy Information Commissioners” mean the
Information Commissioner and the Deputy Information Commissioners appointed under
sub-section (3) of section 12;
 (f) “prescribed” means prescribed by rules made under this Act by the Government or the
competent. Authority, as the case may be;
 (g) “public authority” means any authority or body established or constituted,
 (i) by or under the Constitution;
 (ii) by any other ‘law made by Parliament;
 (iii) by notification issued or order made by the Government, and includes any other body
owned or controlled by the ‘Governmean
 (h) ‘’Public Information Officer” means the Public Information Officer appointed under
sub-section (1), and, includes an Assistant Information Officer designated as such under
sub-section (2), of section 5;
 (I) “record” includes
 (i) any document, manuscript and file;
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 (ii) any microfilm, microfiche and facsimile copy of a document;
 (iii) any reproduction of image or images embodied in such microfilm (whether enlarged or
not); and,
 (iv) any other material produced by a computer or ‘any other device; ,
 (j) “right to information” means the right to information accessible under this Act which is held
by or under the control of any public authority and includes the right to-
 (i) inspection of work, documents, records;
 (ii) taking notes, extracts, or certified copies of documents or records;
 (iii) taking certified samples of material;
 (iv) ‘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 in a computer or
in any other device; .
 (k) “third party” means a person other than the person making a request for information and
includes a public authority.
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 All citizens possess the right to information.
 Information can be obtained within 30 days from the date of request in normal case. If
information is a matter of life or liberty of a person, it can be obtained within 48 hours
from time of request.
 Every public authority is under obligation to provide information on written request or
request by electronic means.
 Certain information are prohibited (Section 8).
 Restrictions made for third party information.
 Appeal against the decision of the Central Information Commission or State
Information Commission can be made to an officer who is senior in rank.
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 Section 8 of the RTI Act – Exemption from disclosure of information
 It deals with those information that are exempted from disclosure, they are
 (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any
citizen,—
 Any Information, disclosure of which would prejudicially affect the sovereignty and integrity of
India, the security, strategic, scientific or economic interests of the State, relation with foreign
State or lead to incitement of an offence;
 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;
 Information, the disclosure of which would cause a breach of privilege of Parliament or the
State Legislature;
 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;
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 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;
 Information received in confidence from foreign government;
 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;
 Information which would impede the process of investigation or apprehension or
prosecution of offenders;
 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;
 Information which relates to personal information the disclosure of which has not
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 Parliament or a State Legislature shall not be denied to any
person.
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 (2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the
exemptions permissible in accordance with sub-section (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.
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Srikrishna Committee report and its impact
 The report which was submitted to the government has proposed amendments to the
Section 8(1)(j) of the RTI Act which mentions exemptions from the disclosures under the
Act.
 The committee examines the conflict between Right to Privacy and the need to ensure
Transparency and Accountability in governance by giving its views on Section 8(1)(j).
The report seeks to maintain a balance between individual right and the common good.
In this case, the individual right is the Right to Privacy and the common good is
transparency and accountability in governance. It says that an information needs to be
disclosed if common good outweighs personal harm.
 It proposes exemption of those personal information from disclosure under the Right to
Information (RTI) Act, which can cause harm to the person concerned.
 The committee said neither the right to privacy nor the right to information is absolute
and the two will have to be balanced against each other in some circumstances.
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 The Right to Information (Amendment) bill, 2013 – The amendment bill removes political
parties from the ambit of the definition of public authorities and hence from the purview of
RTI Act.
 The Right to Information (Amendment) Bill, 2018 – The purport of the amendments
proposed is to provide for enabling provision under the RTI Act to frame Rules regarding
salaries, allowances and conditions of service for Chief Information Commissioners and
Information Commissioners and State Information Commissioners. Presently, there are no
such provisions available under the RTI Act.
Criticisms
 Proposed amendments (2018) would take away the independence of the Information
Commissions constituted under the RTI Act, 2005 — both at the level of Centre and
states.
 Amendments to RTI a dangerous precedent against transparency and accountability.
 The presumed reduction in the rank and salary of the CIC and Ics would undermine the
institutional status of the commissions
 The perceived government control would lead to vitiation of the Act.
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Criticism against the original Act :
 It doesn’t cover events which have occurred 20 years before the date on which any
request is made
 Large number of vacancies in Central and State Commissions
 No effective implementation of the Act
 Lack of clarity on whether political parties and judiciary come under the purview of the
Act.
History of RTI (key movements)
 1982 – SC rules that the Right to Information is a Fundamental Right
 1994 – Mazdoor Kisan Shakti Sangathan(was founded in 1987byAruna Roy and Nikhil
Dey) in Rajasthan launches movement demanding village level Information
 1996 – Civil society group National Campaign for People’s Right to Information (NCPRI)
started movement for RTI Act
 2005 – The RTI Bill is passed in Parliament; comes into force from October.
38

Test yourself : Mould yours thoughts
 Transparency and Accountability in governance cannot be established
without Independence. Critically examine the statement in the context
of recent amendments proposed to RTI Act, 2005.
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 The term Information includes any mode of information in any form of record, document,
e-mail, circular, press release, contract sample or electronic data etc.
 Any citizen (excluding the citizens within J&K) may request information from a ‘public
authority’ (a body of Government or ‘instrumentality of State’) which is required to reply
expeditiously or within thirty days.
 Citizens have a right to: request any information (as defined); take copies of documents;
inspect documents, works and records; take certified samples of materials of work; and
obtain information in the form of printouts, diskettes, floppies, tapes, video cassettes or
in any other electronic mode.
 The Act relaxes the Official Secrets Act of 1889 which was amended in 1923 and
various other special laws that restricted information disclosure in India. In other words,
the Act explicitly overrides the Official Secrets Act and other laws in force as on 15 June
2005 to the extent of any inconsistency.
 Applicant can obtain Information within 30 days from the date of request in a normal
case. In specific circumstances Information can be obtained within 48 hours from time of
request. If it is a matter of life or liberty of a person.
40

 The Act also requires every public authority to computerise their records for wide
dissemination and to proactively publish certain categories of information so that the
citizens need minimum recourse to request for information formally. The Act, in particular,
requires every public authority to publish 16 categories of information. This includes the
particulars of its organisation, functions and duties; powers and duties of its officers and
employees; procedure followed in the decision making process; norms set for discharge of
its functions; rules, regulations, instructions, manuals and records, held by it or under its
control or used by its employees for discharging its functions; etc.
 The Act enumerates the types of information(s) that are exempted from disclosure.[7]
However, these exempted information(s) or those exempted under the Official Secrets Act
can be disclosed if public interest in disclosure overweighs the harm to the protected
interest.[8] Also, the exempted information(s) would cease to be exempted if 20 years
have lapsed after occurrence of the incident to which the information relates.
 Penalty for refusal to receive an application for information or for not providing information
is Rs. 250/- per day but the total amount of penalty should not exceed Rs. 25,000/-
 If an applicant is not supplied information within the prescribed time of 30 days or 48
hours, as the case may be, or is not satisfied with the information furnished to him, he may
prefer an appeal to the first appellate authority who is an officer senior in rank to the PIO. If
still not satisfied the applicant may prefer a second appeal with the Central Information
Commission (CIC)/State Information Commission (SIC) within 90 days from the date on
which the decision should have been made by the first appellate authority or was actually
received by the appellant.
41

The Right To Information (RTI) Act has revealed
shocking instances of corruption and ineffective governance.
But, citizens have also used this Act to gather information
about different aspects of their immediate surroundings or t
heir day-to-day lives. Here are some examples:
Rickshawpuller gets funds to build his house after filing an RTI
Mazloom Nadaf, a 77-year old rickshaw puller in Bihar, built his house after using the Right to
Information Act. Although his house was promised under the Indira Aawas Yojana, the
country’s national housing scheme, it took him many years to avail its benefits. In fact, five
years after applying as a potential beneficiary, the authorities asked for Rs 5,000 to process
his application. At this point he refused to buckle down and fought the system by filing an RTI
application. In his application, Nadaf asked for a progress report on the Indira Awas Yojana
and when he would be given the funds promised to him. When the Block Development Officer
received the RTI application, he called Nadaf and gave him the first installment of Rs 15,000.
42

Better road for Bagepalli
Bagepalli is a small town 100 km north of Bangalore, with tree-lined, tarmac roads. Some
officials thought Bagepalli needed a double road, one that can accommodate traffic moving in
opposite directions. Construction started in 2005 and the shoddy, unprofessional work led to
road accidents and deaths. An NGO worker used the RTI Act to find out the truth behind
Bagepalli’s roads. The information revealed that nearly Rs 1.32 crore was sanctioned for
widening the road but no work was done on it. When confronted, the junior engineer apologized
and promised to fix the road. Thanks to the RTI Act, this work is finally being completed.
Voices raised over overcrowding in jails through RTI
The response to an RTI query filed by NCPRI worker Raja John Bunch revealed that the total
number of prisoners lodged in state jails is more than the maximum number of prisoners they
can support. In March 2013, the Supreme Court issued a notice to the Centre and all states
giving them five weeks’ time to respond to a PIL which said that 64.7% of the total prison
population of the country comprises of undertrials.
43

Man files an RTI application to enquire about passport
Dilshad Hussain runs a small business in Delhi. In February 2011, he applied for a passport
because he wanted to visit his relatives in Mecca. But he had to wait for ten months for the
document and then he had to visit the passport office many times over. Had Hussain not filed an
RTI, it would have taken much longer for the passport to reach him. In a Times of India report he
says, “After my ordeal, I wonder how ordinary people get their work done in government offices.
RTI is a boon for all of us.”
In the last 20 years, only three full-time women faculty members at FTII
Between January 1993 and 2013, only three women have been appointed as full-time faculty
members at the country’s premier film institute, Film and Television Institute of India (FTII).
Information sought under the Right To Information (RTI) Act has also revealed that the 21 full-
time faculty members currently working at FTII don’t include a single woman.
Nine-year-old files an RTI for his lost bicycle
When nine-year-old Pranav’s bicycle was stolen, he went to file an FIR report. But the police
refused to file it until it got a purchase receipt and proof that the bicycle was stolen. Pranav then
used the RTI Act, shooting a letter to Delhi’s Deputy Commissioner of Police asking why his
complaint wasn’t registered. He also asked for a compensation of Rs 2,500. Pranav’s repeated
attempts forced the police to act. They came to his house to inquire about the theft and an FIR
was finally registered. Pranav might not have got his cycle back, but he has certainly proved a
point.
44

 RTI Act introduced in 2005 has proved to be a strong weapon in the hands of people,
for ensuring transparency in government departments and containing corruption. It is
generally claimed as one of the world’s best law with an excellent implementation
track record. It is one of the most empowering and most progressive legislations
passed in the post Independent India. Most radical provision of the Act is that the
information seeker need not to give any reason for it or prove his Locus standi. From
the day the Act came into force, enlightened citizenry had stated using the law by
making information requests in order get the police to act or get their entitlements of
food grain under public distribution system or expose the corrupt officials.
 On the other hand, it suffers from various inadequacies. The act empowers the people
to gather information, But illiteracy and lack of awareness surely hinders the objective
of the Act. Also, the act lacks necessary teeth for defaulters. In cases where
information has been denied without sufficient cause, the penalty is not so harsh
enough so as to have a deterrent effect on those who do not want to share
information. The task of implementing the law is not without major challenges. Lack of
adequate public awareness, especially in rural areas, lack of proper system to store
and disseminate information, lack of capacity of the public information officers (PIOs)
to deal with the requests, bureaucratic mindset and attitude etc. Are still considered as
major obstacles in implementation of the law. 45

 Currently, the RTI Act in India is passing through a decisive phase, much more needs to be done
to facilitate its growth and development.
46

 Intelligence is not the ability to store information, but to know where to find it.
 Information is the oxygen of the modern age.
 Knowledge is power. Information is liberating. Education is the premise of progress, in
every society, in every family.
 As a general rule, the most successful man in life is the man who has the best
information.
 Bringing together the right information with the right people will dramatically improve a
company’s ability to develop and act on strategic business opportunities.
47

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