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The Right to Information Act, 2005

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The Right to Information Act, 2005 (RTI Act) is one of the most significant pieces of legislation in India aimed at strengthening democracy, transparency, and accountability. It gives Indian citizens the legal right to access information from public authorities, ensuring that government functioning remains open and answerable to the people.

The Act operationalizes Article 19(1)(a) of the Indian Constitution, which guarantees the Right to Freedom of Speech and Expression, as the right to information is seen as a prerequisite for meaningful participation in a democracy.

Background of the RTI Act, 2005

  • Before the RTI Act, access to government information was restricted under the Official Secrets Act, 1923.
  • Global movements in favor of transparency influenced India, such as the Freedom of Information laws in Sweden (1766), the USA (1966), and others.
  • Grassroots campaigns, especially by the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan, highlighted the importance of information in fighting corruption and ensuring accountability.
  • The Freedom of Information Act, 2002 was enacted but never effectively implemented.
  • Finally, the Right to Information Act, 2005 replaced it and came into force on 12 October 2005.

Objectives of the RTI Act

  1. Promote transparency and accountability in government functioning.
  2. Empower citizens by giving them the right to question authorities.
  3. Contain corruption through disclosure of information.
  4. Promote citizen participation in governance.
  5. Ensure good governance and strengthen democracy.

Scope and Applicability

  • Applicable to all public authorities, including:
    • Central, State, and Local Governments.
    • Ministries, Departments, and Offices.
    • Public Sector Undertakings (PSUs).
    • Statutory and constitutional bodies (except specific exclusions).
    • NGOs substantially financed by the government.
  • Private bodies are not directly covered but information held by public authorities about them can be accessed.

Key Features of the RTI Act

  1. Right to Information: Citizens can access records, documents, memos, emails, circulars, orders, contracts, reports, data, etc.
  2. Public Information Officers (PIOs): Every public authority must appoint PIOs to handle applications.
  3. Time Limit:
    • 30 days for general cases.
    • 48 hours if it concerns life or liberty.
  4. Exemptions (Sections 8 & 9): Information restricted for national security, sovereignty, foreign relations, trade secrets, cabinet papers, court-forbidden details, and personal privacy.
  5. Appeals:
    • First Appeal: To a senior officer in the same department.
    • Second Appeal: To the Central or State Information Commission.
  6. Penalties: PIOs can be fined ₹250 per day (up to ₹25,000) for delay, denial, or malafide refusal.

Structure under the RTI Act

  • Central Information Commission (CIC)

    • Headed by the Chief Information Commissioner.
    • Appointed by the President with a selection committee (PM, Leader of Opposition, Union Minister).

  • State Information Commissions (SICs)

    • Headed by the State Chief Information Commissioner.
    • Appointed by the Governor with a selection committee (CM, Leader of Opposition, State Minister).

Landmark Judgments

  • State of U.P. vs. Raj Narain (1975): Citizens’ right to know recognized.
  • Union of India vs. Association for Democratic Reforms (2002): Candidates must disclose criminal, financial, and personal details.
  • CBSE vs. Aditya Bandopadhyay (2011): Students can access their evaluated answer sheets under RTI.

Significance

  • Empowered citizens to monitor government functioning.
  • Helped expose scams (e.g., Commonwealth Games scam, Adarsh Housing scam).
  • Improved service delivery and reduced corruption.
  • Strengthened democratic accountability.

Recent Developments

  • RTI Amendment Act, 2019: Made CIC and SIC tenure and salaries subject to govt. control, raising independence concerns.
  • RTI Online Portal: Facilitates digital filing of applications for Central Govt. and some States.

How to Apply for RTI

Offline Mode:

  1. Write an application on plain paper.
  2. Address it to the Public Information Officer (PIO).
  3. Clearly state the information required.
  4. Attach ₹10/- fee (IPO/DD/Cash).
  5. Submit in person or via post.

Format (Offline RTI Application):


To,
The Public Information Officer,
[Department/Office]

Subject: Application under the Right to Information Act, 2005

Sir/Madam,
I, [Name], a resident of [Address], request the following information under Section 6(1) of the RTI Act, 2005:

1. [Specific information required]
2. …

Fee of ₹10/- has been paid via [IPO/DD].

Applicant:
Name: [Your Name]
Address: [Full Address]
Contact: [Phone/Email]

Place: [City]
Date: [DD/MM/YYYY]

Signature: __________

Example (Filled):


To,
The Public Information Officer,
Municipal Corporation of Delhi,
Zonal Office – South Delhi, New Delhi.

Subject: Application under the RTI Act, 2005

Sir/Madam,
I, Rajesh Kumar, resident of 22, Gautam Nagar, New Delhi, seek:

1. Certified copies of road repair expenditure details for 2023–24 in Gautam Nagar.
2. Names of contractors awarded such works.
3. Copies of completion certificates.

IPO No. 52A234567 of ₹10/- is enclosed.

Applicant:
Name: Rajesh Kumar
Address: 22, Gautam Nagar, New Delhi – 110049
Contact: 9876543210
Email: [rajeshkumar@example.com](mailto:rajeshkumar@example.com)

Place: New Delhi
Date: 20-09-2025

Signature: Rajesh Kumar

Online Mode (RTI Online Portal)

  1. Visit https://rtionline.gov.in.
  2. Click Submit Request → Accept Guidelines.
  3. Fill applicant details & select Ministry/Department.
  4. Type RTI query (max 500 chars, attach docs if needed).
  5. Pay ₹10/- online (Debit/Credit/UPI/Net Banking).
  6. Submit → Receive Registration No.
  7. Track status via “View Status” option.

Conclusion

The Right to Information Act, 2005 is a powerful tool of participatory democracy. It empowers citizens, improves accountability, and strengthens governance. Despite challenges like delays, threats to activists, and attempts to dilute its scope, RTI remains vital for ensuring the people’s right to know in the world’s largest democracy.

Reference

Right to Information Act, 2005 — Indian Code

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