Introduction to Right to Information Act, 2005

The Right to Information Act, 2005 (RTI Act) is a landmark legislation that empowers citizens to access information held by public authorities. It replaced the Freedom of Information Act, 2002 and came into force on October 12, 2005.

Objectives of RTI Act

• Transparency: To promote transparency and accountability in the working of government
• Anti-Corruption: To combat corruption by exposing malpractices
• Citizen Empowerment: To empower citizens to participate in democratic processes
• Accountability: To make public authorities answerable to the people
• Strengthen Democracy: To reinforce the democratic framework of the country

Scope of the RTI Act

The RTI Act applies to all "public authorities" including:

• Central government ministries and departments
• State government ministries and departments
• Local bodies (municipalities, panchayats)
• Constitutional authorities (Supreme Court, High Courts, Election Commission, CAG, etc.)
• Public sector undertakings (PSUs) and government companies
• Non-Government Organizations (NGOs) substantially funded by the government
• Autonomous bodies and authorities created by statute

Key Definitions under RTI Act

• Public Authority: Any authority or body established under the Constitution or by law, owned/controlled by government, or substantially funded by government.
• Information: Any material in any form including records, documents, emails, press releases, circulars, orders, contracts, reports, etc.
• Public Information Officer (PIO): Officer designated to receive RTI applications and provide information.
• Appellate Authority: Senior officer designated to hear first appeals against PIO decisions.
• Information Commission: Central or State body that hears second appeals and imposes penalties.

Time Limits for Response

Duties of Public Authorities under RTI Act

• Proactive Disclosure (Section 4): Maintain and publish suo moto information including organization structure, functions, powers, procedures, decisions, etc.
• Designate PIOs: Appoint Public Information Officers and Appellate Authorities
• Maintain Records: Properly index and computerize records
• Publish Information: Update website with relevant information
• Provide Assistance: Help citizens file RTI applications, especially illiterate persons

Proactive Disclosure (Section 4)

Section 4 mandates every public authority to publish within 120 days of enactment:

• The particulars of its organization, functions, and duties
• The powers and duties of its officers and employees
• The procedure followed in decision-making
• Norms set for discharge of functions
• Rules, regulations, instructions, manuals for discharging functions
• Categories of documents held by it
• Budget allocated to each agency
• Details of beneficiaries of subsidies or concessions
• Details of information in electronic form
• Facilities available for citizens for obtaining information

Penalties for Non-Compliance

• For PIO: ₹250 per day up to ₹25,000 for delay without reasonable cause
• For Malafide Rejection: Additional penalty up to ₹25,000 with disciplinary action recommendation
• For Providing False Information: Disciplinary proceedings under service rules
• For Destroying Records: As per applicable criminal laws

RTI and The Constitution

The Supreme Court has held that the right to information is a fundamental right under Article 19(1)(a) (freedom of speech and expression) of the Constitution. The RTI Act operationalizes this fundamental right.

Landmark Amendments

• RTI Amendment Act, 2019: Changed terms and conditions of Information Commissioners (now determined by central government)