CONSTITUTIONAL

BASE

Article 14 : Right to Equality- Equal

treatment before law

Article 19 : Right to Freedomfreedom of Speech and Expression

Article 21 : Protection of Life &

Personal Liberty
[Proviso 7(1)- within 48 hours]
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RIGHT TO INFORMATION
PARADIGM SHIFT
An act which will be implemented by the
people and acted upon by the government

BASIC TENETS

Disclosure a rule and Secrecy an exception

Transparency means public interest

Public Interest overrides

It is a part of Global Process.

Governance will improve

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Information includes records, documents, memos,

e-mails, opinions, advises, press releases,
circulars, orders, log-books, contracts, reports,
papers, samples, models, data held in electronic
form. Also includes information relating to any
private body which can be accessed by a public
authority.

Inspection of work, documents,

records
Taking notes, extracts, or certified
copies of documents or records
Taking certified samples of material
Obtaining information in the form of
diskettes, floppies, tapes, video
cassettes or in any other electronic
mode or through printouts where
such information is stored in a
computer or in any other device
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Every public authority shall maintain

all its records duly catalogued and
indexed in a manner and form, which
facilitates the right to information
Shall also publish the information of
the organization regarding structure,
functions and duties, procedure
followed, decision making process,
directory of officers and employees,
names and designations of public
information officers etc.,

Every person seeking the information shall

request orally or in writing or through
electronic means paying the requisite fees
at the following rates :

In respect of public authorities at the

Village Level No fee ;

In respect of public authorities at Mandal

Level Rs. 5/- per application ;

In respect of public authorities other than

those covered above Rs. 10/- per
application ;
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The Central Public Information Officer or

State Public Information Officer within 30
days either provide information or reject
with reasons and the period within which
appeal can be preferred and particulars
of the appellate authority.

If the information sought for concerns the

life and liberty of a person, the same
shall be provided within (48) hours of the
receipt of request.
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A Central Public Information Officer or State

Public Information Officer intends to disclose
any information which relates to a third party
and treated as confidential by that third
party, he shall be invited to know whether
the information should be disclosed.

Except, in case of trade or commercial secrets

protected by law, disclosure may be allowed if
the public interest in disclosure outweighs in
importance any possible harm or injury to the
interest of such third party.
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Penalties provided under the Act :

Require the public authority to compensate the
complainant

for

any

loss

or

other

detriment

suffered.
Impose

penalty

of

Rs.250/-

each

day

not

exceeding Rs.25,000/- till application is received or

information furnished.
Also recommend for disciplinary actions against
Central Public Information Officer or State Public
Information Officer under Service Rules applicable
to them.
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 The burden proving that he acted reasonably or

diligently is on the Central Public Information
Officer or State Public Information Officer.
The Penal provisions are the real teeth of the Act,
which if properly implemented will bring the rule of
law into governance.

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IMPORTANT PROVISIONS

PIOs for every public authority 30 days

period for providing information

Senior officer to be appellate authority

Fixed time for disposal of appeals.

Provision for deemed disposal at PIO as

well as Appellate level.
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Penalty to be imposed by information

commissioner after opportunity to be heard
burden of proof on PIO

Fees levied also can be challenged.

Third party clause is included.

Proactive disclosure is mandatory.

Information which can not be denied to the

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Parliament or the state Legislature can

not be denied to any person.

Administration of the act & second appeal

vested with Information Commission.

RTI Act 2005 overrides Official Secret Act.

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EXEMPTION CLAUSE IN
DETAIL
National
security

Trade secrete/IPR/copy right

Privacy

Foreign relation

Danger to life & physical safety

Impede the investigation

Cabinet papers

Public interest v/s protected interests

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Monitoring and Reporting:

The

Central

Information

Commission

or

State

Information Commission as the case may be, shall

prepare a report on the implementation of the Act
at the end of every year and forwarded it to the
appropriate Government.
The respective Government cause a copy of such
report to be laid before each House of Parliament
and State Legislature as the case may be.

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