Unit 6

Right to Information Act,2005

6.1 Introduction and Public Authorities and their Obligations under RTI Act

6.2 Role of Public Information Officers

6.3 Exemption from disclosure of Information 

6.4 Information Commission: Powers and Functions

 

Unit 6: Right to Information Act, 2005

6.1 Introduction and Public Authorities (Sec 2(h) & Sec 4)

Introduction & Definition

The Right to Information is not explicitly mentioned in the Constitution, but the Supreme Court has interpreted it as an integral part of Article 19(1)(a) (Freedom of Speech and Expression). The logic is simple: A citizen cannot speak or express themselves effectively unless they are informed. Objective: To promote transparency and accountability in the working of every public authority.

Public Authority (Section 2(h))

The Act applies only to “Public Authorities.” It is defined as any authority or body or institution of self-government established or constituted:

  • By or under the Constitution.
  • By any other law made by Parliament or State Legislature.
  • By notification issued by the appropriate Government.
  • Includes:
    • Bodies owned, controlled, or substantially financed by the Government.
    • NGOs substantially financed, directly or indirectly, by funds provided by the appropriate Government.

Obligations of Public Authorities (Section 4)

This is the “heart” of transparency. It mandates Suo Motu (Voluntary) Disclosure.

  • Section 4(1)(b): Every public authority must publish 17 manuals within 120 days of the Act, including:
    • Particulars of its organization, functions, and duties.
    • Powers and duties of its officers.
    • Procedure followed in decision-making.
    • Directory of its officers and employees.
    • Budget allocated and expenditures.
  • Goal: To provide so much information voluntarily that the public has minimum resort to filing formal RTI applications.

Landmark Case Laws

  1. S.P. Gupta v. Union of India (1982)
  • Significance: Long before the RTI Act, the SC held that the “Right to Know” is implicit in the Right to Free Speech (Art 19(1)(a)). The concept of an open government is the direct emanation from the right to know.
  1. D.A.V. College Trust and Management Society v. Director of Public Instructions (2019)
  • Issue: Are private schools/colleges receiving government aid “Public Authorities”?
  • Judgment: Yes. NGOs or societies receiving “substantial financing” (like land at cheap rates or grants) from the Government fall under the definition of Public Authority (Sec 2(h)) and must answer RTIs.

6.2 Role of Public Information Officers (PIO)

Introduction & Definition

The Public Information Officer (PIO) is the “face” of the RTI Act. Every Public Authority must designate a PIO to handle requests from citizens. They act as the bridge between the citizen and the administration.

Statutory Provisions

  • Section 5: Designation of PIOs.
  • Section 7: Disposal of Request.

Role and Duties of PIO

  1. Receive Applications: To accept RTI applications from citizens (in writing or electronic mode).
  2. Assist Citizens: If a person cannot make a request in writing (e.g., illiterate), the PIO must render reasonable assistance to reduce the oral request into writing.
  3. Disposal of Request (Timelines):
    • Normal Case: Supply information within 30 days.
    • Life & Liberty: If it concerns the life or liberty of a person (Art 21), supply within 48 hours.
    • Third Party: If third-party interests are involved, the time limit is 40 days.
  4. Transfer of Application (Section 6(3)): If the requested information belongs to another public authority, the PIO must transfer the application to that authority within 5 days.

Exam-Style Conclusion

The PIO is the linchpin of the RTI regime. They are personally liable for delays or refusals. The Act empowers them to be independent, ensuring they serve the citizen’s right to know rather than the department’s desire to hide.

6.3 Exemption from Disclosure of Information

Introduction & Definition

Transparency is not absolute. Section 8 of the Act lists specific grounds under which a PIO can refuse to give information. These are the “Reasonable Restrictions” on the Right to Information.

Statutory Provisions

  • Section 8: Exemption from disclosure of information.
  • Section 9: Grounds for rejection (Copyright).
  • Section 24: Intelligence and Security Organizations.

Essential Ingredients (The 10 Exemptions under Sec 8(1))

A PIO can reject a request if the information relates to:

  1. Sovereignty & Security: Prejudicially affects sovereignty, integrity, security, or economic interests of India (Sec 8(1)(a)).
  2. Contempt of Court: Forbidden by a court or constitutes contempt (Sec 8(1)(b)).
  3. Breach of Privilege: Of Parliament or State Legislature (Sec 8(1)(c)).
  4. Commercial Confidence: Trade secrets or IP that harms competitive position of a third party (Sec 8(1)(d)).
  5. Fiduciary Relationship: Info held in trust (e.g., Doctor-Patient, Lawyer-Client) (Sec 8(1)(e)).
  6. Foreign Government: Info received in confidence from foreign nations (Sec 8(1)(f)).
  7. Safety: Endangers life or physical safety of a person or identifies a source of assistance to law enforcement (Sec 8(1)(g)).
  8. Investigation: Impedes the process of investigation or prosecution (Sec 8(1)(h)).
  9. Cabinet Papers: Cabinet papers are exempt until the decision is made. Once the decision is complete, they can be disclosed (Sec 8(1)(i)).
  10. Privacy: Personal information which has no relationship to any public activity or privacy of an individual (Sec 8(1)(j)).

Landmark Case Laws

  1. Central Board of Secondary Education (CBSE) v. Aditya Bandopadhyay (2011)
  • Issue: Can a student ask for their evaluated answer sheet under RTI? Is it a “Fiduciary” relationship?
  • Judgment: The SC held that an examining body (CBSE) does not hold a student’s answer sheet in a fiduciary capacity. A student has the fundamental right to access their own answer sheet. Exemption 8(1)(e) rejected.
  1. Girish Ramchandra Deshpande v. CIC (2013)
  • Facts: A petitioner asked for the service records, income tax returns, and memo of punishment of a government employee.
  • Judgment: The SC held this is “Personal Information” (Sec 8(1)(j)) and cannot be disclosed unless a larger public interest is shown.
  1. CPIO, Supreme Court of India v. Subhash Chandra Agarwal (2019)
  • Issue: Is the Office of the Chief Justice of India (CJI) a “Public Authority”?
  • Judgment: Yes. The SC held that the CJI is a Public Authority and is amenable to RTI. However, judicial independence and the right to privacy must be balanced with the right to know.

6.4 Information Commission: Powers and Functions

Introduction & Definition

To ensure the Act is enforced, the law creates a two-tier independent quasi-judicial body: the Central Information Commission (CIC) at the Centre and State Information Commissions (SIC) in the States. They are the “Guardians of Transparency.”

Statutory Provisions

  • Section 12: Constitution of CIC.
  • Section 15: Constitution of SIC.
  • Section 18: Powers of Commission (Inquiry).
  • Section 19: Appeals.
  • Section 20: Penalties.

Powers of Information Commission (Section 18)

The Commission has the same powers as a Civil Court under the CPC while trying a suit:

  1. Summoning: Summoning and enforcing the attendance of persons.
  2. Discovery: Requiring the discovery and inspection of documents.
  3. Evidence: Receiving evidence on affidavit.
  4. Public Record: Requisitioning any public record from any court or office.
  5. No Privilege: No record can be withheld from the Commission during an inquiry (even if it is “Secret”).

Functions of Information Commission

  1. Adjudication (Second Appeal): It hears the Second Appeal (Sec 19(3)) if the citizen is unhappy with the decision of the First Appellate Authority. Its decision is final and binding.
  2. Inquiry: To receive and inquire into complaints (e.g., if a PIO has not been appointed or refused to accept an application).
  3. Imposing Penalties (Section 20): This is its “teeth.”
    • If a PIO has knowingly given incorrect information or delayed information without cause, the Commission can impose a penalty of ₹250 per day up to a maximum of ₹25,000.
    • It can also recommend disciplinary action against the PIO.

Exam-Style Conclusion

The Information Commissions are the high courts of the RTI regime. Their power to impose personal penalties on officers (Section 20) makes the RTI Act effective. Without a strong Commission, the Right to Information would be a “tiger without teeth.”

 

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