Ms.

Somya Khare
Assistant Professor
JLU School of Law
Jagran Lakecity University,
Bhopal.
 SIGNIFICANCE OF RTI IN A DEMOCRACY
• Accountability and transparency.
• People have the right to know how they are being governed.
• Act as a deterrent against corruption and abuse of power.
CONSTITUTIONAL BASIS OF RTI
• Article 19 (1) (a) of the Constitution, guarantees the fundamental
rights to free speech and expression, which, by implication, includes
within it the right of access to information.
• The right to information also seems to flow from Article 21 of the
Constitution on the right to life and liberty, which includes the right to
know about things that affect our lives.
• The development of the right to information as a part of the
Constitution Law of the country started with petitions of the press to
the Supreme Court for enforcement of certain logistical implications
of the right to freedom of speech and expression such as challenging
governmental orders for control of newsprint bans on the distribution
of papers, etc.
SUPREME COURT ON RIGHT TO INFORMATION
• Romesh Thappar v. State of Madras (1950)
• State of UP vs Raj Narain (1975)
• Dinesh Trivedi v. Union of India (1977): disclosure of the Vohra
Committee Report, acknowledged the importance of open
Government in a participative democracy.
SP Gupta & others vs The President of India and others (1982)
• The Supreme Court held that the right to information was a
fundamental right under the Indian Constitution.
• The petitioners questioned the validity of Central Government orders
on the non-appointment of two judges. To support their claim, the
petitioners sought the disclosure of correspondence between the Law
Minister, the Chief Justice of Delhi, and the Chief Justice of India.
• The state claimed privilege against disclosure of these documents
under article 74(2) of the Indian Constitution.
• Justice Bhagwati rejected the government’s claim for protection
against disclosure and directed the Union of India to disclose the
documents containing the correspondence.
‘Disclosures of information in regard to the functioning of Government
must be the rule, and secrecy an exception justified only where the
strictest requirement of public interest so demands.’

Secy., Ministry of Information and Broadcasting v. Cricket Assn. of

Bengal (1995)
The Supreme Court, while considering the rights of a person to telecast a
sports event on television through the use of air waves held that the
right under Article 19(1)(a) includes the right to receive and acquire
information and that viewers have the right to be informed adequately
and truthfully.
PUCL v. Union of India (2004)
PUCL approached the Supreme Court challenging Section 33B of the
Representation of People (Third Amendment) Act which nullified the
decision in Association for Democratic Reforms (2002) by providing that
candidates contesting elections need not file an affidavit of criminal
antecedents and particulars as directed by the Court.

This provision was held unconstitutional and void as it infringed the

“right of electors' to know”, a constituent of the fundamental right to
free speech and expression and hindered free and fair elections, which is
part of the basic structure of the Constitution. Subsequently, all criminal
records and antecedents of candidates contesting elections are now
mandated to be matters of public record.
 RIGHT TO INFORMATION ACT 2005
OBJECT: to provide for setting out a practical regime of right to
information for citizens, to secure access to information under the
control of public authorities as also to promote transparency and
accountability in the working of every public authority.
It is intended to harmonise the conflict between the right of the citizens
To secure access to information and the necessity to preserve the
confidentiality of sensitive information.
CENTRAL INFORMATION COMMISSION [S 2(b)] [S 12]
Set up by the Central Government, it has overall control and
superintendence of all public authorities including all departments of
the Central and State Governments and also watches over the progress
of their work under the Act.
• It has also the power to issue certain directions in the matter of
implementation of this Act.
• It is an impartial and independent statutory body constituted under
section 12 of the Act to discharge its duties without being subjected
to directions by any other authority.
• The Central Information Commission exercises all such powers and
does all such acts and things as provided under sections 18 to 20 of
the Act.
Central Public Information Officer [ S 2(c)]
person designated as Public Information Officer by the public authorities
or the competent authorities under which they function.
Chief Information Commissioner [ S 2(d)]:
• Chief Information Commissioner and Information Commissioners are
appointed by the Government.
• They constitute the members of the Central Information Commission.
• Appointment is made by the President in the case of the Central
Information Commission and by Governor in the case of State
Information Commission.
• Duties and functions are set out in section 13 and the reliefs the
Central Information Commission can grant are specified in section 18.
• Chief Information Commissioner shall be the head of the Chief
Information Commission and will be assisted by the Central
Information Commissioners
Information [ S 2(f)]: means and includes any material in any form held
by a public authority or relating to any private body which can be
accessed by public authority.
Can information be sought from a private body?
Jarnail Singh v Registrar, Co-operative Societies Delhi Complaint No.
CIC/WB/C/2006/00302: was opined by Chief Information Commission
that information from a non-public authority can be obtained indirectly.
A cooperative society is not a public authority, but because the
information sought is available to the Registrar Cooperative Society,
Delhi, under the Delhi, Co-operative Societies Act, therefore, such
information can be disclosed under this Act.
Public Authority [ S 2(h)]: from the bare act
Right to Information [ S 2(j)]: (a) inspect works, documents and records.
(b) take notes, extracts or certified copies of documents/ record/
samples.
(c) obtain information in printed or electronic form, e.g., printouts,
diskettes, floppies, tapes, etc.
Section 4 of the RTI Act requires all public authorities to routinely
publish information, which should be updated regularly. This ensures
that citizens always have access to authentic, useful, and relevant
information.
Clause (b) of sub-section (1) mandates the public authorities to publish
the information mentioned therein within one hundred and twenty days
from the date of enactment of the Act.
Public Information Officers [S. 5]: A Public Information Officer (PIO) will
be designated to handle RTI queries. This person accepts the request
forms and gives the public the information they want.
Assistant PIOs work in every district or divisional level and help people
get information.
S.6 Request for obtaining information: Every person who wants to get
information under the RTI Act must fill out an application in Hindi or
English or official language of the area and send it in by email. PIOs will
assist in putting the oral request in writing where the request cannot be
made in writing.
An applicant making request for information shall not be required to
give any reason for requesting the information or any other personal
details except those that may be necessary for contacting him.
Where an application is made to a public authority requesting for an
information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the
functions of another public authority, the public authority, to which such
application is made, shall transfer the application or such part of it as
may be appropriate to that other public authority and inform the
applicant immediately about such transfer.
Section 7 Disposal of Request: the Central Public Information Officer or
State Public Information Officer, as the case may be, on receipt of a
request undersection 6 shall, as expeditiously as possible, and in any
case within thirty days of the receipt of the request, either provide the
information on payment of such fee as may be prescribed or reject the
request for any of the reasons specified in sections 8 and 9
Where the information sought for concerns the life or liberty of a
person, the same shall be provided within forty-eight hours of the
receipt of the request.
Where a request has been rejected under sub-section (1), the Central
Public Information Officer or State Public Information Officer, as the case
may be, shall communicate to the person making the request,—
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be
preferred; and
(iii) the particulars of the appellate authority.
Section 8 Exemption from disclosure of information:
• sovereignty and integrity of India, the security, strategic, scientific or
economic interests of the State, relation with foreign State or lead to
incitement of an offence;
• expressly forbidden to be published by any court of law or tribunal or
the disclosure of which may constitute contempt of court;
• breach of privilege of Parliament or the State Legislature;
• commercial confidence, trade secrets or intellectual property, the
disclosure of which would harm the competitive position of a third
party, unless the competent authority is satisfied that larger public
interest warrants the disclosure of such information;
• information available to a person in his fiduciary relationship;
• information received in confidence from foreign Government;
• endanger the life or physical safety of any person or identify the
source of information or assistance given in confidence for law
enforcement or security purposes;
• impede the process of investigation or apprehension or prosecution of
offenders;
• cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers.
Section 12: Constitution of Central Information Commission
the Chief Information Commissioner; and
such number of Central Information Commissioners, not exceeding ten,
as may be deemed necessary.
Shall be appointed by the President on the recommendation of a
committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.
Chief Information Commissioner and Information Commissioners shall
be persons of eminence in public life with wide knowledge and
experience in law, science and technology, social service, management,
journalism, mass media or administration and governance.
Shall not be a Member of Parliament or Member of the Legislature of
any State or UTs, as the case may be, or hold any other office of profit or
connected with any political party or carrying on any business or
pursuing any profession.
Section 13:Term of office and conditions of service: shall hold office for
three years from the date on which he enters upon his office.
Age Limit: 65 years.
every Information Commissioner shall, on vacating his office, be eligible
for appointment as the Chief Information Commissioner in the manner
specified.
The Chief Information Commissioner or an Information Commissioner
may, at any time, by writing under his hand addressed to the President,
resign from his office.
Section 14 Removal of Chief Information Commissioner or Information
Commissioner: shall be removed from his office only by order of the
President on the ground of proved misbehaviour or incapacity after the
Supreme Court, on a reference made to it by the President, has, on
inquiry, reported.
President may by order remove from office the Chief Information
Commissioner or any Information Commissioner if the Chief Information
Commissioner or a Information Commissioner, as the case may be:
• Is adjudged insolvent.
• has been convicted of an offence which, in the opinion of the
President, involves moral turpitude; or
• engages during his term of office in any paid employment outside the
duties of his office;
• is, in the opinion of the President, unfit to continue in office by
reason of infirmity of mind or body; or
• has acquired such financial or other interest as is likely to affect
prejudicially his functions as the Chief Information Commissioner or a
Information Commissioner.