What is the Right to Information Act?

The Right to Information Act, 2005 (RTI Act) is a landmark legislation that empowers every citizen of India to access information held by public authorities. It received presidential assent on 15 June 2005 and came into full effect on 12 October 2005 (120 days after enactment). The Act has 31 sections across 6 chapters and applies to all levels of government — central, state, and local.

The RTI Act operationalises the fundamental right to information, which the Supreme Court has recognised as flowing from Article 19(1)(a) (freedom of speech and expression) and Article 21 (right to life) of the Constitution. It replaced the weaker Freedom of Information Act, 2002 and was the outcome of a grassroots movement led by organisations like the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan, spearheaded by Aruna Roy.

The Act establishes a two-tier appellate system: the first appeal lies with a senior officer within the public authority, and the second appeal lies with the Central Information Commission (CIC) or the relevant State Information Commission (SIC). The CIC comprises a Chief Information Commissioner and up to 10 Information Commissioners, appointed by a committee headed by the Prime Minister.

Key Features / Provisions

# Feature Details
1 Section 3 All citizens have the right to information
2 Section 4 Public authorities must proactively disclose key information (suo motu disclosure)
3 Section 5 Every public authority must designate Public Information Officers (PIOs) within 100 days
4 Section 6 Any citizen can file an RTI request in writing or electronically with a prescribed fee
5 Section 7 Information must be provided within 30 days; in matters involving life and liberty, within 48 hours
6 Section 8 10 categories of exemptions — national security, sovereignty, commercial confidence, cabinet papers, personal privacy, etc.
7 Section 9 Information involving infringement of copyright (other than the State) may be refused
8 Section 19 Two-tier appeal mechanism: First Appeal (to senior officer) within 30 days; Second Appeal (to CIC/SIC) within 90 days
9 Section 20 Penalty of Rs. 250 per day (up to Rs. 25,000) on PIO for unreasonable delay or refusal
10 Section 24 Intelligence and security organisations exempted, except for information on corruption and human rights violations
11 Section 22 RTI Act overrides the Official Secrets Act, 1923 and other inconsistent laws

Historical Background

  • 1975 — Supreme Court in State of UP v. Raj Narain recognised right to information as part of Article 19(1)(a)
  • 1982 — SC in S.P. Gupta v. Union of India affirmed that open government is a direct emanation of the right to know
  • 1990 — Mazdoor Kisan Shakti Sangathan (MKSS) began grassroots campaign for RTI in Rajasthan, led by Aruna Roy
  • 1996 — Rajasthan passed the first state-level RTI law
  • 1997 — H.D. Shourie committee recommended a comprehensive central RTI law
  • 2002 — Freedom of Information Act passed by Parliament (never effectively implemented)
  • 2004 — National Advisory Council (under Sonia Gandhi) recommended a stronger law to replace the 2002 Act
  • 2005, 15 June — RTI Act received presidential assent
  • 2005, 12 October — RTI Act came into full force
  • 2019 — RTI (Amendment) Act, 2019 — Centre empowered to prescribe tenure and salary of CIC and ICs (previously fixed at 5 years/equivalent to SC judge); criticised as weakening CIC independence

UPSC Exam Corner

Prelims: Key Facts

  • Year: 2005 (came into force 12 October 2005)
  • Sections: 31 sections, 6 chapters
  • Response time: 30 days (48 hours for life/liberty matters)
  • Fee: Prescribed by government; BPL applicants exempted
  • Penalty on PIO: Rs. 250/day, maximum Rs. 25,000
  • Exemptions: 10 categories under Section 8
  • Intelligence agencies: Exempted under Section 24 (except corruption/HR violations)
  • Overrides: Official Secrets Act, 1923 (Section 22)
  • Appellate bodies: CIC (central), SIC (state)
  • 2019 Amendment: Centre determines tenure and salary of CIC/ICs

Mains: Probable Themes

  1. "The RTI Act is the most effective tool for ensuring government accountability." — Discuss suo motu disclosure, penalty provisions, and impact on governance
  2. "Examine the challenges in the implementation of the RTI Act." — Vacancies in Information Commissions, backlog of appeals, attacks on RTI activists
  3. "The RTI Amendment Act, 2019 has diluted the independence of Information Commissions." — Analyse the changes in tenure and salary provisions
  4. "RTI and the Official Secrets Act represent conflicting philosophies." — Section 22 override, balance between transparency and national security
  5. "The RTI movement in India is a model of civil society driving legislative change." — From MKSS in Rajasthan to the national Act

Sources: CIC — RTI Act Full Text | PRS India — RTI Amendment Bill 2019 | Wikipedia — RTI Act 2005 | IndiaCode