2. What is Right to information
• The Right to Information is a fundamental right under
the Constitution of India
• Information is necessary to form and express
opinions, dissent or support on any matter. It is
therefore a part of Article 19 (1)(a)
• Information is necessary for protection of the right to
life and liberty. It is therefore a part of Article 21
3. 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.
4. • Under the provisions of the Act, any citizen may request
information from a "public authority" which is required to
reply expeditiously or within 30 days.
• The Act also requires every public authority to computerize
their records for wide dissemination and to proactively certain
categories of information so that the citizens need minimum
recourse to request for information formally.
• Section 2 (f) of the act defines information as “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 but
does not include "file noting”.
5. • RTI Act is a progressive legislation based on citizen’s right to
know which is a fundamental right enshrined in the
Constitution of India.
• The purpose of the act is to make the executive accountable
and ensure transparency in the implementation of schemes and
policies.
• Under the act, information may be sought from a public
authority as defined under the act. Right to information
includes right to inspect documents.
• It came into force on 12th October 2005 (120th day of its
enactment on 15th June, 2005).
6. Objectives
• The basic object of the Right to Information Act is to
empower the citizens, promote transparency and
accountability in the working of the Government.
• Another objective is to contain corruption, and make
our democracy work for the people in real sense.
• It goes without saying that an informed citizen is
better equipped to keep necessary vigil on the
instruments of governance and make the government
more accountable to the governed.
• The Act is a big step towards making the citizens
informed about the activities of the Government.
7. Salient features of RTI act
• All citizens possess the right to information.
• Information can be obtained within 30 days from the
date of request in a 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.
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.
8. • 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/-.
• Central Information Commission and State
Information Commission are to be constituted by the
Central Government and the respective State
Governments.
• No Court can entertain any suit, application or other
proceedings in respect of any order made under the
Act.
9. Public authorities & their obligations
Public authorities :
• Constitutional Bodies
• Statutory Bodies
• Public Corporations
• Public Undertakings
• NGO’s (receiving financial assistance)
10. Obligations of public authorities
• Maintain records catalogued and indexed-> computerization,
networking
• Publish certain particulars within 120 days
• Publish relevant facts while formulating policies/ decisions
affecting public
• Provide reasons for administrative/ quasi-judicial decisions to
affected persons
• Suo moto provide information ->minimize need for resorting
to RTI
• Form of dissemination- easily accessible
• In 100 days, designate PIOs and APIOs
• Info should be free or at cost of medium only
11. Public information commissioner & their duties
• Public Information Officers (PIOs) are officers
designated by the public authorities in all
administrative units or offices under it to provide
information to the citizens requesting for information
under the Act. these have designated some of its
officers as Public Information Officer. They are
responsible to give information to a person who
seeks information under the RTI Act
12. Duties of public information officers
• Deal with requests for information
• Offer reasonable assistance to applicant
• Provide access-enabling assistance to sensorily
disabled
• Seek assistance from any other officer as considered
necessary
• For the purpose of contravention of this act, such
other officer will be treated as PIO.
13. Request for obtaining public information
• Will be made to PIO
• To be in writing/ electronic means
• In Hindi, English, Official language of the area
• Accompanied by prescribed fee
• No reason required
• No personal details required except for contacting
• To be transferred to another public authority if
pertains to them (in 5 days) applicant to be
informed
14. Exemptions from disclosure
• Sovereignty and Integrity of the Nation.
• Security of the state.
• 18 institute (CBI, RAW, etc.)
• Right to privacy.
• Trade secret/ Commercial info./ Seal Tender info. Etc.
• Information from a foreign govt.
• Cabinet papers including records of deliberations of
the Council of Ministers, Secretaries or prosecution
of offenders
• Information which has been expressly forbidden to be
published by any court of law
15. Who is excluded
• IB, Directorate General of Income tax(Investigation),
• RAW, IB, CBI, Directorate of Revenue Intelligence,
Central Economic, Directorate of Enforcement,
Narcotics Control Bureau, Aviation Research Centre,
• Special Frontier Force, BSF, CRPF, ITBP, CISF,
NSG, Assam Rifles, Special Service Bureau, Special
Branch (CID), Andaman and Nicobar, The Crime
Branch-CID-CB, Dadra and Nagar Haveli and
Special Branch, Lakshadweep Police.
• Agencies specified by the State Governments through
a Notification will also be excluded.
16. Central information commission
• An autonomous body to inquire into
complaints received from citizens.
• One can complain to the CIC if refused access
to information or how the public authority has
handled your requested, for instance:
◦ Failure to respond to your request within 30
working days or failure to explain why an
extension is needed.
17. ◦ Failure to give you proper advice and help within
the stipulated time.
◦ Failure to give information in the form in which
you asked for it.
◦ Failure to properly explain reasons for refusing
your request, for instance if the public authority
believes that giving you information would harm
a criminal investigations.
18. Information commission
• Central Information Commission is constituted by the
Central Government through a Gazette Notification.
• The Commission includes one Chief Information
Commissioner (CIC) and not more than 10
Information Commissioners (IC) who will be
appointed by the President of India.
• The Central Information Commission/State
Information Commission has a duty to receive
complaints from any person.
19. • CIC will have a power of a civil court
• The State Information Commission will be
constituted by the State Government through a
Gazette notification.
• It will have one State Chief Information
Commissioner (SCIC) and not more than 10 State
Information Commissioners (SIC) to be appointed by
the Governor.
