RTI

Right to Information (RTI)

Introduction

The roots of Indian democracy are based on the principles of transparency, responsibility, and accountability. All government functions, schemes, decisions, and policies are for the welfare of the people. Therefore, it is the fundamental right of citizens to obtain information about the working of the government.

With this objective, the “Right to Information Act, 2005” was enacted. Through this Act, every Indian citizen has been given the legal right to seek information from the government and public authorities. The main purpose of this Act is to bring transparency in the administration, curb corruption, and strengthen citizens’ trust in governance.

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Right to Information Act, 2005 – Parliamentary Journey

After receiving Presidential assent on 15 June 2005, the Act came into full effect across the country (except Jammu & Kashmir) from 12 October 2005, and state-level RTI laws ceased to exist.

According to Act No. 22 of 2005, the law was enacted to:

• Ensure greater transparency and accountability in the working of every public authority.

• Provide a system for citizens to obtain information under the control of public authorities.

• Establish the Central Information Commission and State Information Commissions.

• Make provisions for matters related or incidental thereto.

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Main Objectives of the RTI Act, 2005

• To create informed citizens and a knowledgeable society for a mature democracy.

• To increase citizens’ participation in governance.

• To bring transparency and openness in state administration.

• To ensure accountability of government machinery towards citizens.

• To curb corruption in governance and administration.

• To establish a practical mechanism for obtaining information.

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Matters Covered under RTI Act, 2005

The Right to Information is the legal right of citizens to obtain information about the working of the government and public authorities. It includes the following:

1. Right to obtain information

   • Information about government schemes, decisions, projects, contracts, expenditure, and funds.

   • Copies of documents, records, files, reports, orders, rules, etc.

2. Right to inspect records and documents

   • Examine official records and documents in offices.

   • Verify files.

3. Right to certified copies

   • Photocopies of documents, orders, circulars, correspondence, etc.

4. Right to inspect samples

   • Examine samples of government works, materials, or projects.

5. Right to electronic information

   • Computer data, CDs, floppies, tapes, videos, or information in electronic format.

6. Time limit for providing information

   • Within 30 days for general information.

   • Within 48 hours if the matter relates to life or liberty.

7. Responsibility of public authorities

   • All departments must publish important information about their functioning.

   • Make essential information available on the website.

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Circular by Maharashtra Government (17 October 2014)

As per General Administration Department Circular No. Sankirna 2012/898/Pr.Kr.479/Saha dated 17 October 2014, provisions of the RTI Act, 2005 clarify that personal information not related to wider public interest should not be disclosed.

Examples include:

• Memos, show cause notices, or disciplinary orders received by a government employee/official during service.

• Service performance reports.

• Details of movable/immovable property.

• Financial investments, loans from banks/financial institutions.

• Gifts received during children’s marriages.

• Income Tax returns.

Accordingly, Public Information Officers have been instructed not to provide such personal details.

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Information that Cannot be Obtained (Exemptions)

1. National Security and Intelligence Agencies

   • RAW (Research & Analysis Wing)

   • IB (Intelligence Bureau)

   • Directorate of Revenue Intelligence

   • BSF, CRPF, CISF, ITBP and other paramilitary forces

   • Police and Defence Intelligence Wings
     (👉 However, information relating to corruption or human rights violations can still be sought.)

2. Defence and Foreign Relations

   • National security, strategy, military operations.

   • Information that may harm international relations.

3. Commercial and Confidential Information

   • Personal information of a third party.

   • Trade secrets, Intellectual Property.

4. Judicial Proceedings

   • Information related to ongoing judicial investigations.

   • Sealed records or confidential documents.

5. Investigation-related Information

   • Information that could obstruct an ongoing investigation.

6. Confidential Cabinet Papers

   • Cabinet notes, discussions, and documents before a decision is taken.

7. Other Individuals’ Personal Information

   • Health-related information.

   • Bank account details.

   • Matters relating to an individual’s private life (Right to Privacy of a citizen).