Section 8 - Exempted Information
Section 8(1)(a): National security, sovereignty, and integrity of India - Information that would prejudicially affect relations with foreign states.
Section 8(1)(b): Contempt of court - Information that would lead to contempt of court.
Section 8(1)(c): Parliamentary privilege - Information that would breach parliamentary privilege.
Section 8(1)(d): Commercial confidence - Trade secrets, intellectual property, commercial confidence.
Section 8(1)(e): Fiduciary relationship - Information available in fiduciary relationship (unless larger public interest).
Section 8(1)(f): Foreign government information - Received in confidence from foreign government.
Section 8(1)(g): Life and physical safety - Information that would endanger life or physical safety.
Section 8(1)(h): Investigation process - Information that would impede investigation/prosecution.
Section 8(1)(i): Cabinet papers - Records of council of ministers (decision making process), but decisions and reasons are disclosable after decision.
Section 8(1)(j): Personal information - Unrelated to public activity, disclosure has no public interest, would cause unwarranted invasion of privacy.
Section 9 - Information Forbidden by Court
Information which cannot be disclosed under any law in force (e.g., official secrets, court-ordered secrecy).
Other Grounds for Rejection
Vague or unclear questions
Fee not paid properly
Applicant not a citizen of India
Harassment/frivolous application
Information already in public domain
Third party information without notice
Questions asking for opinions/advice
Request for future information
Public Interest Override - Section 8(2)
Even exempted information can be disclosed if:
"Public interest in disclosure outweighs the harm to protected interests"
Examples where public interest override applies:
- Corruption in public authorities
- Human rights violations
- Environmental hazards
- Public safety concerns
How to Challenge Rejection
1
File First Appeal before Appellate Authority within 30 days
2
Challenge the rejection grounds in appeal
3
Argue public interest override under Section 8(2)
4
If First Appeal rejected, file Second Appeal to CIC/SIC
5
CIC/SIC can order disclosure if public interest outweighs harm
Key Supreme Court Judgments on RTI
Raj Narain v. State of UP: Right to information is part of fundamental rights under Article 19(1)(a).
Central Public Information Officer, SC v. Subhash Chandra Agarwal (2019): CJI's office under RTI; disclosure of assets of judges.
Khanapuram Gandaiah v. Administrative Officer (2010): PIO not required to give opinions or reasons.
Important: Even if information is exempted under Section 8(1), after 20 years, all information becomes disclosable except where prohibited by court (Section 8(3)).
Legal Disclaimer: This information is for educational purposes only. Rejection grounds vary by case. Consult RTI Act or legal professional.