RTI & Transparency

Notes

The Right to Information (RTI) Act, 2005 (in force from 12 October 2005) gives citizens access to information held by public authorities, promoting transparency and accountability. The right flows from Art. 19(1)(a) (State of UP v Raj Narain, 1975; S.P. Gupta, 1981). It followed the MKSS movement in Rajasthan (led by Aruna Roy) and replaced the unimplemented Freedom of Information Act, 2002.

Key provisions

Sec. 3: every citizen has the right to information. Sec. 4: proactive (suo motu) disclosure by public authorities.
Sec. 6: request in writing to the Public Information Officer (PIO); fee ₹10; no fee for BPL applicants.
Sec. 7: reply within 30 days; 48 hours for information concerning life or liberty.
Sec. 19: first appeal to a senior officer within the department (within 30 days); second appeal to the Central/State Information Commission within 90 days.
Sec. 8: exemptions: sovereignty and integrity, security and strategic interests, Cabinet papers, information received in confidence, personal information with no public interest (Sec. 8(1)(j)), and others. Sec. 8(2): public interest can override exemptions.
Sec. 24: intelligence and security organisations are exempt, except for allegations of corruption and human rights violations.
Penalty: up to ₹25,000 on the PIO for delay or refusal.

Information Commissions

Chief Information Commissioner and up to ten Information Commissioners at the Centre, appointed by the President on the recommendation of a committee of the PM, Leader of Opposition and a Union Cabinet Minister.
The RTI (Amendment) Act, 2019 let the Central Government fix the terms and salaries (earlier five years/age 65 and equal to the Chief Election Commissioner), criticised as weakening their independence.
The Digital Personal Data Protection Act, 2023 amended Sec. 8(1)(j), which critics say may dilute RTI.

Judicial pronouncements: CBSE v Aditya Bandopadhyay (2011), Girish Deshpande (2012) (personal information), Secretary General, Supreme Court v Subhash Chandra Agarwal (2019) (the CJI's office is a public authority), Anjali Bhardwaj (2019) (filling vacancies). The Whistle Blowers Protection Act, 2014 complements RTI.

Key Points

RTI Act, 2005; Art. 19(1)(a).
30 days (48 hours for life and liberty); first appeal, then Commission.
Sec. 8 exemptions; public interest override in Sec. 8(2).
CIC appointed by a committee of PM, Leader of Opposition and a Union Minister.
2019 Amendment affects independence of Commissions.

MCQs

Q1. Under the RTI Act, information must be provided within: (a) 15 days (b) 30 days (c) 45 days (d) 60 days Ans: (b). 48 hours for life and liberty.

Q2. Which Section of the RTI Act provides for exemption from disclosure? (a) Sec. 4 (b) Sec. 6 (c) Sec. 8 (d) Sec. 19 Ans: (c).

Q3. The Chief Information Commissioner is appointed by the President on the recommendation of a committee of: (a) PM, CJI, Home Minister (b) PM, Leader of Opposition, a Union Cabinet Minister (c) PM and Speaker (d) President and Vice-President Ans: (b).