Right to Information (RTI)

Introduction

The foundation of Indian democracy rests on the principles of transparency, accountability, and responsibility. All governmental work, schemes, decisions, and policies are meant for the welfare of citizens. Therefore, citizens have the fundamental right to access information about the functioning of the government.

With this purpose, the Right to Information Act, 2005 was implemented. Through this law, every Indian citizen gained the legal right to seek information from Government and Public Authorities. The main objective of this act is to bring transparency into the functioning of the government, curb corruption, and strengthen citizens’ trust in the administrative system.

Right to Information Act 2005 – Legislative Journey

After receiving Presidential assent on 15 June 2005, and after being fully implemented across the country from 12 October 2005, the RTI laws of individual states were repealed.

Purpose of the Right to Information Act 2005

According to Act No. 22 of the RTI Act 2005, to create more transparency and accountability in the functioning of every public authority, to ensure that information under their control is available to citizens, and to establish a Central Information Commission and State Information Commissions—this Act was brought into force. The major objectives of the act are:

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

• To increase citizens’ participation in the functioning of government

• To promote transparency and openness in governance

• To establish accountability of the government machinery towards citizens

• To prevent corruption in administration and governance

• To develop a practical mechanism for obtaining information

Components Included Under the RTI Act 2005

Right to Information means the legal right of citizens to seek information about the functioning of Government and Public Authorities. The Act includes the following provisions:

1. Right to Obtain Information

• Information about schemes, decisions, projects, agreements, expenditure, and funds

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

2. Right to Inspect Records and Documents

• Inspecting official records and documents

• Verifying files in an office

3. Right to Obtain Certified Copies

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

4. Right to Inspect Samples

• Inspecting samples used in government work, materials, or projects

5. Access to Electronic Information

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

6. Time Limits for Providing Information

• For general information: within 30 days

• For matters related to life and liberty: within 48 hours

7. Responsibilities of Public Authorities

• All departments must publish essential information regarding their functioning

• Important information should be made available on official websites

As per Maharashtra Government GAD Circular (17 October 2014)

According to the RTI Act 2005, Public Information Officers are instructed NOT to provide personal information that is not related to public interest, such as:

• Memos, show-cause notices, disciplinary orders received by an employee during service

• Performance reports under service rules

• Details of movable/immovable property

• Personal financial investments, loans from banks or institutions

• Gifts received in a child’s marriage

• Income tax returns

Who Cannot Provide Information? / What Information Cannot Be Obtained?

1. National Security & 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 branches

👉 However, information related to corruption or human rights violations can still be requested.

2. Information Related to Defence & Foreign Affairs

• National security, military strategy, troop movements

• Information that may harm international relations

3. Commercial & Confidential Information

• Third-party personal information

• Trade secrets, intellectual property

4. Information Related to Judicial Proceedings

• Information during ongoing court proceedings

• Sealed evidence or confidential records

5. Information Affecting Investigation

• Information that may interfere with an ongoing investigation

6. Confidential Government Documents

• Cabinet papers, discussions, documents prior to decision-making

7. Personal Information of Other Individuals

• Health-related information

• Confidential bank account details

• Private life-related details (Right to Privacy)