The document provides information about the Right to Information Act 2005 in India. It discusses that the Act aims to promote transparency and accountability in government functioning. It defines key terms like right to information, public authority, application process and timelines. It also outlines exemptions to disclosure, penalty provisions, and implications of the Act in increasing transparency, reducing corruption and making governments more accountable. Examples of how RTI has revealed scams and irregularities in projects like Adarsh Society and PDS are also given.

1. Right to Information Act, 2005
Submitted to:
Prof. Harpal Singh
Group No. 5:
Janmey Patel (202)
Nikhil Arora (206)
Shashank Mohore (228)
Aniket Gupta (229)
Parandeep Singh Chawla (231)

2. Contents
What is Right to Information? ................................................................................................................... 4
Secrecy, Build In..................................................................................................................................... 4
Global background to RTI: .................................................................................................................... 4
Events Back Home: ............................................................................................................................... 4
Cases Leading to RTI Act, 2005: ......................................................................................................... 5
What is RTI Act, 2005 .................................................................................................................................... 5
Long Title to the Act ............................................................................................................................... 5
Preamble to the Act ............................................................................................................................... 5
Coverage ................................................................................................................................................. 5
Need for RTI Act ..................................................................................................................................... 6
Definition of Right to Information [Section 2(j)] .................................................................................. 6
Definition of Information [Section 2 (f) ................................................................................................. 6
Who is a Public Authority? ............................................................................................................................ 7
Application Process: .............................................................................................................................. 7
Time Frame: .............................................................................................................................................. 7
Fees Payable: ............................................................................................................................................ 7
Exemption from Disclosure of Information ......................................................................................... 8
Organizations not covered under the purview of RTI: ...................................................................... 8
Central Information Commission .............................................................................................................. 8
State Information Commission ............................................................................................................. 9
Appellate Authority (AA) ........................................................................................................................ 9
Penalty Provisions .................................................................................................................................. 9
Implications of RTI Act, 2005 on the Indian Society: ........................................................................ 9
Greater Transparency ....................................................................................................................... 9
Citizen-Centric Approach to Development: .................................................................................. 10
Democratization of information and knowledge: ......................................................................... 10
Reduction in Corruption: ................................................................................................................. 10
Greater Accountability: .................................................................................................................... 10
Success Stories: ................................................................................................................................... 10
Adarsh Society Scam ...................................................................................................................... 10
Public Distribution Scam in Assam ................................................................................................ 10
Appropriation of Relief Funds: ........................................................................................................ 10
IIM’s Admission Criteria:.................................................................................................................. 11

3. The Real ‘Swaraj’ will come not by the acquisition of authority by a few but by the
acquisition of capacity by all to resist authority when abused.
–Mahatma Gandhi
"I believe that the passage of this Bill will see the dawn of a new era in our
processes of governance, an era of performance and efficiency, an era which will
ensure that benefits of growth flow to all sections of our people, an era which will
eliminate the scourge of corruption, an era which will bring the common man's
concern to the heart of all processes of governance, an era which will truly fulfill
the hopes of the founding fathers of our Republic”
-- Dr Manmohan Singh (Parliament, May 11, 2005)

4. What is Right to Information?
The Right to Information is a fundamental right under the Constitution of India.
Asking for and being given information as a matter of right is called “Right to Information.”
Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21.
Information is necessary to form and express opinions, dissent or support on any matter. It is
therefore a part of Article 19 (1) (a).
Secrecy, Build In
The Indian Bureaucracy has inherited administrative culture of secrecy as a colonial and feudal legacy.
Secrecy has been the most common culture of bureaucratic culture. There are various laws, enacted both
before and after independence respectively, which restrict and prohibit the free flow of information. These
laws are:
The Official Secrets Act, 1923
Section 123 of the Indian Evidence Act, 1872
It provides that the head of the department can refuse to part with information.
Rule 11 of the Central Services(Conduct) Rules, 1964
It prohibits a government servant to part with any official document.
Rule 9 of the All India Services(Conduct) Rules, 1968
It prohibits any communication of Information.
Global background to RTI:
There are numerous precedents available when it comes to RTI Act. Sweden was the first Country to
pass a act of this type in the year 1776. In an assembly Resolution at UN, it was declared that people
have the right to access the official information. Freedom of Information was declared as a fundamental
human right. In USA, the law was enacted in the year 1966.
So far 56 Countries have enacted an RTI Act or a similar Act which includes North America, most of
Europe, Australia, Columbia, Peru, Japan, etc.
Events Back Home:
• Mazdoor Kisan Shakti Sangthan asserted on RTI by asking for copies of bills, vouchers
and names of persons shown in muster rolls. Purpose was to prevent the mis-
appropriation of funds. MKSS succeeded in getting photocopies of relevant documents
revealing misappropriation of funds. MKSS organized Jan Sunwai, first ever in history of
Rajasthan, during 1994-95. Taking a cue from it, similar exercise by Lok Satta, was
organized in Andhra Pradesh.

5. • DoPT set a Working Group on RTI and Promotion of Open and Transparent Govt. in Jan, 1997
under Shri H. D. Shourie. It submitted draft bill of Freedom of Information in May, 1997. Based on
the draft Bill Government of India enacted Freedom of Information Bill, 2000 and subsequently
Freedom of Information Act passed in 2002. However, Freedom of Information Act repealed in
2005 and substituted by RTI Act, 2005.
Cases Leading to RTI Act, 2005:
Union of India v. Association for Democratic Reforms (2002) 5 SCC 294-
“The court recognized the citizen’s fundamental right to information and even went to the extend
saying that such a right should be recognized and fully effectuated”
Onkar Lal Bajaj v. Union of India(2003) 2 SCC 673-
“Articles 21 & 14-right to information-allotment of retail outlets, distributorships and dealerships of
petroleum products-political patronage for allotment were alleged by the press-Under such
circumstances, the public in general has a right to know under what basis their elected
representatives got such allotments.”
What is RTI Act, 2005
Provides a legal framework of citizens’ democratic right to access to information under the control of
public authorities;
To promote transparency and accountability in the functioning of every public authority.
Long Title to the Act
An Act to provide for setting out the practical regime of right to information for citizens to secure access to
information under the control of public authorities, in order to promote transparency and accountability in
the working of every public authority, the constitution of a Central Information Commission and State
Information Commissions and for matters connected therewith or incidental thereto.
Preamble to the Act
Informed citizenry and transparency of information are vital to the functioning of our democratic
republic
To contain corruption
To hold Government and their instrumentalities accountable to the governed.
Coverage
Covers all of India except Jammu and Kashmir.
Covers central, state and local governments, and
 all bodies owned, controlled or substantially financed;

6.  non-government organisation substantially financed, directly or indirectly by funds provided
by the appropriate Government (2(h))
 Covers executive, judiciary and legislature (2(e)
 Includes information relating to private body which can be accessed by under any other law for the
time being in force (2(f))
Need for RTI Act
Following points highlight the importance of the RTI Act:
Promote openness, transparency and accountability in the working of every public authority.
Reduce Corruption
Prevent administrative arbitrariness
Bride the gap between providers and recipient of public services
Make citizens part of decision making
Make administrative responsive
Strengthen the foundations of democracy
Definition of Right to Information [Section 2(j)]
Right to information accessible under the RTI Act which is held by or under the control of any public
authority and includes the right to –
Inspection of work, documents, records
Taking notes, extracts or certified copies of documents of 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.
Definition of Information [Section 2 (f)
Any material in any form, including -
Records, Documents, Memos, E-mails, Opinions, Advices, Press Releases, Circulars, Orders,
Logbooks, Contracts, Reports, Papers, Samples, Models
Data material held in any electronic form
Information relating to any private body which can be accessed by a public authority under any other
law for the time being in force.

7. Who is a Public Authority?
“Public Authority” means any authority or body or institution established or constituted
By or under the constitution;
By any other law made by Parliament;
By any other law made by State Legislature;
By notification issued or order made by the appropriate Government and includes any
 Body owned, controlled or substantially financed,
 Non - Government organization substantially financed directly or indirectly by funds provided
by the appropriate Government;
Application Process:
One has to apply in person or electronically to the concerned PIO accompanied by prescribed fees. The
request should either be in English or the local official language. No personal details required except for
the details of contacting. If the request is To be transferred to another public authority if pertains to them
(in 5 days) and in the meantime the applicant is to be informed.
Time Frame:
 In 30 days if direct to PIO
 In 35 days if through APIO
 In 48 hours if life & liberty at stake
 If redirected, in 5 days
 If not given in time, deemed refused
 If further fees required, period between dispatch of request and deposit of fees will not count
Fees Payable:
Must be reasonable. No fees for Below Poverty Line applicant
Application fees prescribed by appropriate Govt. (Rs.50/-)
Cost of giving information may be charged on the requestor
st
Rs. 2/- per page; Rs. 50/- per floppy, others and samples - actual cost; inspection – 1 hour
free, Rs. 5/ - every subsequent 15min
Requestor may seek review of the fees from the Appellate Authority if it is unreasonable
Time between date of dispatch of intimation about fees and actual payment excluded while
calculating 30 day time limit
If information is not given within time limit it must be given free of cost

8. Exemption from Disclosure of Information
National security
Contempt of court
Parliamentary privilege
Trade secrecy
Fiduciary relationship
Foreign government
Safety of informer in law enforcement
Investigation
Cabinet papers
Privacy
(K) Copyright - disclosure which would involve an infringement of copyright subsisting in a person
other than the State may be rejected. [Section 9]
Organizations not covered under the purview of RTI:
IB & RAW
Directorate of Revenue Intelligence
Central Economic Intelligence Bureau
Directorate of Enforcement
Narcotics Control Bureau
Aviation Research Centre
Special Frontier Force
CRPF, ITBP, CISF, NSG
Special Service Bureau
Assam Rifles
Special Branch (CID) Andaman and Nicobar
Crime Branch (CID) Dadra and Nagar Haveli
Special Branch Lakshadweep Police
and any other intelligence or security organization established by State govts.
Central Information Commission
There is only one Chief Information Commissioner with a term of 5 years and a maximum of 10
Information Commissioners with a single term of 5 years.
Central Information commission is based in Delhi and so is the Chief Information Commissioner.
However, Information Commissioners could be based in other parts also. The Central Information
Commission is independent of the Governmental Control. The Chief Information Commissioner and the
Information Commissioners are appointed by the President on the recommendation of a committee
chaired by the Prime Minister and including Leader of opposition in Lok Sabha and a Cabinet Minister to
be appointed by the Prime Minister.

9. State Information Commission
As is the case with Central Information Commission, there is only one state chief Information
Commissioner with a term of 5 years and a maximum of 10 state Information Commissioners with a
maximum of one term of 5 years.
State Information Commission could be in any part of the state-as decided by the respective state.
Commission will be Independent of the control of State Government. State Chief Information
Commissioner and Sate Information Commissioner are appointed by the Governor on the
recommendation of the committee chaired by the Chief Minister, Leader of Opposition in the Vidhan
Sabha and one Cabinet Minister to be nominated by the Chief Minister.
Appellate Authority (AA)
One can file a appeal within 30 days from the date of refusal letter (delay may be condoned if sufficient
cause is shown). The first Appeal has to be filed with the officer senior in rank to the PIO in the concerned
public authority. The complaint has to satisfy within 30 days of Receive of Complaint.
In case there is no action taken on the first appeal, the second appeal can be filed with the Central/State
Information Commission within 90 days from the date of decision of first appeal, but the delay may be
condoned if sufficient cause is shown. There is no time limit for CIC/SIC to decide on appeals. Decision of
CIC/SIC will be binding. Appeal against IC’s decision can be filed in High Court/Supreme Court and not
the lower Courts.
Penalty Provisions
IC can penalize PIO Rs. 250/- per day up to a maximum of Rs. 25,000/- for –
Refusal to receive application
Not furnishing information within time limit
Malafidely denying information
Knowingly giving incorrect, incomplete, misleading information
Destroying information which was the subject of request
Obstructing furnishing of information in any manner
Implications of RTI Act, 2005 on the Indian Society:
Greater Transparency
With a view to ensuring maximum disclosure of information regarding government rules, regulations and
decisions, every public authority is mandated to maintain all its records. This has increased the interaction
between the public authorities and the society.

10. Citizen-Centric Approach to Development:
Now Govt. has shifted to citizen centric approach of development. Now the Government is aware of this
fact that the citizens can ask for any type of information and now the approach is concerned with the
development of the country.
Democratization of information and knowledge:
Information and knowledge regarding the activities of the government is easily available now. The Govt. is
easily assessable.
Reduction in Corruption:
Lack of transparency and accountability encourage the government officials to indulge in corrupt
practices, which result in lower investments due to miss-use or diversion of funds for private purposes.
But RTI Act has reduced corruption to a great deal because Govt. is aware of the fact that now it can be
asked for any type of information so it needs to be cautious.
Greater Accountability:
It means that the Govt. is required or expected to justify actions or decisions which it is taking. If anyone
isn’t getting the benefits which come under the Govt. policies then he/she can make use of RTI Act.
Success Stories:
Adarsh Society Scam
The applications filed by RTI activists like Yogacharya Anandji and Simpreet Singh in 2008 were
instrumental in bringing to light links between politicians and military officials, among others. The 31-
storey building, which had permission for six floors only, was originally meant to house war widows and
veterans. Instead, the flats went to several politicians, bureaucrats and their relatives. The scandal has
already led to the resignation of Ashok Chavan, the former chief minister of Maharashtra. Other state
officials are also under the scanner.
Public Distribution Scam in Assam
In 2007, members of an anti-corruption non-governmental organization based in Assam, the Krishak
Mukti Sangram Samiti, filed an RTI request that revealed irregularities in the distribution of food meant for
people below the poverty line. The allegations of corruption were probed and several government officials
arrested.
Appropriation of Relief Funds:
Information obtained through an RTI application by an NGO based in Punjab, in 2008 revealed that
bureaucrats heading local branches of the Indian Red Cross Society used money intended for victims of
the Kargil war and natural disasters to buy cars, air-conditioners and pay for hotel bills – among other
things. Local courts charged the officials found responsible with fraud and the funds were transferred to
the Prime Minister’s Relief Fund.

11. IIM’s Admission Criteria:
Vaishnavi Kasturi a visually-impaired student, in 2007 was denied a seat in the Indian Institute of
Management in Bangalore, one of the country’s premier management institutes – despite her impressive
score at the entrance examination. Ms. Kasturi wanted to know why, and wondered whether it was
because of her physical disability. She filed an RTI application to request the institute to disclose their
selection process. Although she failed to gain admission to the institute, her RTI application meant
that IIM had to make its admission criteria public. It emerged that the entrance exam, the Common
Admission Test, actually mattered little compared to Class 10 and 12 results.
The largest democratic nation, India has survived all vicissitudes, turbulences of
all kinds over the last half century and more. In that context, the bringing into
being of the RTI has been an important milestone. The Act that came into being
last year assures every citizen the right to know what the citizen should, and
throws open the system of governance to total transparency and therefore
inescapable accountability.
-- Dr.APJ Abdul Kalam (Inaugural Address on RTI, National Convention, October, 13, 2006)