The document provides an overview of the Right to Information Act in India with 3 main points: 1. It outlines the purpose and history of the Act, including important court rulings and states that passed earlier right to information laws. The Supreme Court established the citizen's right to information in 1975 and various states passed laws in the late 90s and 2000s. 2. It describes the key aspects of the Act, including the obligations of public authorities to publish information proactively, how citizens can make information requests, exceptions to disclosure, and appeal processes. 3. It explains the roles of the State Public Information Officer, State Assistant Public Information Officer, and the State Information Commission which oversees the Act and

1. Right To Information
An Overview
by
K Rajasekharan
Advocate, Thrissur Bar
Mobile : 94 96125452

2. Purpose of the Act
• Ensure citizens right to information
• Under the control public authorities
• to promote transparency/accountability to the governed
• to contain corruption
• to have informed citizenry & democracy
• while harmonizing the conflict between the RTI &
efficient operation of the govt/optimum use of financial
resources

3. Supreme court on RTI in 1975
• K K Mathew J. (SC) declared that
• the citizens right to know flow's
directly from the fundamental right to
freedom of speech and expression
guaranteed in article 19(1) (a)
• (State of UP Vs Raja Narain)

4. The links RTI has with other
fundamental rights
 RTI is directly linked to the
 Right to Life which includes the
 right to food, health, education,
liberty, etc. and
 the denial of information is a denial of
these rights

5. Problems in flow of information
 Laws like the Official Secrets Act / Code of Conduct of
Civil Servants
 Culture of secrecy that prevailed in Government
 Lack of accountability in public offices
 Badly kept records
 People do not know where to go for information
 Illiteracy of people

6. The States enacted Acts earlier
 Tamilnadu (1997)
 Goa (1997)
 Rajasthan (2000)
 Karnataka (2000)-law come into effect in 2002
 Delhi (2001)
 Maharashtra (2002)
 Assam (2002)
 Madhya Pradesh (2003)
 J & K (2004)
 Chattisgarh no law but issued executive orders
 Orissa (draft bill). Executive order with respect to
Panchayat matters on freedom of information

7. Time line on Right to Information in India
 1975 Supreme Court declared the citizens right
to know flows from the fundamental right to
freedom of speech and expression in Art 19(1)
(a) of the constitution
 1990 - Prime Minister V.P Singh stressed the
importance of Right to Information as a
legislated right.
 1994 – MKSS started a grassroots campaign for
right to information which resulted in the
enactment of a law in 2000
 1996 - Press Council of India under guidance of
its Chairman Justice P.B Sawant drafted a law
“Freedom of Information Act, 1997.”

8. 1997 – The Working group appointed by the United
Front Government under the Chairmanship of Mr H.D
Shourie drafted a law called the Freedom of Information
Bill, 1997.
1997- Tamilnadu became the first state in India to pass
a law
1997 - The MP Govt issues executive orders to 36
departments to implement Right to Information later
issued in more than 50 departments
1997- Goa legislature enacted a law on RTI
1998 – The Government of Madhya Pradesh passed a
Bill on Right to Information. But the Governor denied

9.  1998 – The P M Shri Vajpayee announces that a Law on
right to information shall be enacted soon.
 2000 - Karnataka, Rajasthan, Maharashtra pass
legislations and UP issued Code of Access to some depts.
 2000 - Freedom of Information Bill, 2000, tabled in
Parliament and referred to the Parliamentary Standing
Committee on Home Affairs
 2002- Maharashtra Govt. passed an RTI Ordinance
overriding the Maharashtra RTI Act 2000.
 2003- Parliament passed FOI Act and notified in 2003
 2003- On Jan 31st
MP Govt. passes MP RTI Act.
 2003- In Aug. Maharashtra converted its Ordinance into
new RTI Act.

10. Which is a Public Authority?
• Any authority, body or institution by or
under the Constitution
• By any law of Parliament/Legislature
• By notification of Government
• Body owned, controlled or substantially
financed
• NGO substantially financed directly or
indirectly

11. What kinds of information need to be
provided? [S.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 and information relating to any private body
which can be accessed by a public authority under any
other law for the time being in force

12. Record includes [S. 2(i)]
 any document, manuscript and file
 any microfilm, microfiche and facsimile copy
of a document
 any reproduction of image or images
embodied in such microfilm (whether enlarged
or not)
 any other material produced by a computer or
any other device

13. What does the “right to information” mean ? [S. 2(j)]
• inspection of work, documents, records
 taking notes, extracts or certified copies of documents
or records
 certified samples of material
 Obtain information in 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
 Held by /under the control of Public Authorities
 Dissemination includes inspection of office

14. Obligations of Public Authorities [S.4]
 Catalogue, index, and computerize the records to a
country wide network, to facilitate access to
information [S. 4(1)] within a reasonable time
 Publish Particulars of organization, powers and
functions of officers and employees, rules
regulations, instructions, manuals suo moto
 Publish all facts, policies and decisions which affect
the public
 Provide reason for its decisions to affected persons

15. Suo-moto dissemination of information
• function/duties of organization/officers
• decision making procedures
• Norms, rules, manuals governing the organization
• Statement of records under its custody
• procedure for public involvement in policy making
• Statement of its committees
• Directory and remuneration of officers
• budget, subsidiary program, recipient of concessions
• Details of electronic information
• the manner of obtaining information & about PIO/APIO

16. Citizens Charter
• Citizens Charter
• enlisting all services,
• the conditions a citizen should follow to get
those services and
• the time limit for providing the service can
be issued every year

17. Who should provide information?
[S. 5(2)]
• State Public Information Officer
• assisted by
• State Assistant Public Information Officer
• Other officers

18. What a Public information officer shall do?
• accept/reject the application
• if application is oral reduce it to writing
• provide information within 30 days (life &liberty 48
hours) on acceptance
• Failure to provide information is deemed to denial of
information. No fee for delayed response
• If rejected, the onus of proving the rejection lies with
PIO No action equals rejection
• seek third party information
• transfer application to other Pub Authority within 5 days
& inform the applicant

19. Rejection order should state [S. 7(8)]
 The reasons for such a rejection
 The period within which an appeal against
the rejection is preferred
 The particulars of the appellate authority

20. When to transfer the application ?
 If Information is with other public
authorities [S. 6(3)]
 Transfer the application to it & inform
the applicant

21. Third Party Information
• Third party is a person/public authority other
than the applicant for information
• Any other private entity with its permission
• Third party have a right to get notice and to
be heard in RTI application /appeals
• Notice to third party to include the appeal
possibilities

22. Exemptions [S. 8]
 affects the sovereignty and integrity of India, the
security, scientific or economic interests of the
State,relation with foreign State/ lead to incitement of
an offence
 forbidden by any court of law or tribunal
 breach of privilege of Parliament or the State
Legislature
 information related to agencies such as I B,Crime
Branch etc listed in the Second Schedule of the Act

23.  Commercial confidence, trade secrets or intellectual
property that harms competitive position of third party
 Information from a foreign government
 Cabinet papers including records of deliberations of the
Council of Ministers, Secretaries or prosecution of
offenders
 That impedes investigation / apprehension / prosecution
of offenders
 Information relating to personal matters, the disclosure
of which has no bearing on any public activity or interest
 Corruption & human right violation not exempted

24. Can partial information be given? [S. 10]
Partial information can be given along with
 The reasons for the decision
 The name and designation of the officer
giving the decision
 Details of the fees calculated
 Right of the petitioner w.r.t. review of the
decision

25. Appeals
• First appeal to be submitted within 30 days
( 19(1) )
• to be disposed of within 30 days but not to
exceed 45 days, for reasons to be recorded
• Second appeal to SIC within 90 days 19(3)) No
time limit fixed for its dispensing right now
• the onus to prove denial of information is on the
public information officer

26. When to provide information ?
• 48 hours [S. 7(1)] if application is concerned with the
life & liberty of persons
• 30 days normally [S. 7(1)]
• 35 days [S. 5(2)] for application submitted through
SAPIO
• 40 days, if Third Party information [S. 11(3)]
• Failure to provide information in time is a deemed
refusal
• Corruption & human right violation in exempted
organizations within 45 days

27. Types of Fees
• Application fee
• Fee for providing information
• Such further fee – cost of the document / sample etc
• No fee for Below Poverty Line [S. 7(5)]
• No fee when response is delayed [S. 7(6)]
• Applicant can appeal on the decision regarding fees

28. Rate of Fees
• Rs 2/- for A4 size
• For inspection, no fee for first hour
• Rs 10/- for every thirty minutes further
• For providing in floppy Rs 50/-
• For others –Actual charges

29. Mode of Fees
• Court fee stamp
• Remittance in Treasury
• Cash remittance
• By DD/bankers cheque/pay order in
favour of SPIO / SAPIO

30. Information Officer - Hierarchy
State Information Commission
Officer senior in rank to the State
Public Information Officer
State Assistant Public Information Officer
State Public Information Officer

31. State Information Commission
• State Chief Information Commissioner in
each State - in the rank of a Central
Election Commissioner
• State Information Commissioner – Chief
Secretary rank
• Five year term/ attainment of 65 years of age

32. The SIC can penalise for
• refuse to receive application / access information
• late furnishing of information
• denying information with malafide intention
• give incorrect information knowingly
• destroying /obstructing furnishing information
• SPIO will get reasonable opportunity for
explanation before penalised by SIC
• Disciplinary action to be recommended by SIC
• Bonafide action not to bring in punishment

33. Penalty is
• SIC can impose penalty of Rs. 250 per day, but not
to exceed Rs. 25,000-
• Any officer denying or delaying information can
get this penalty
• SIC can recommend for disciplinary action in case
of malafide denial of information
• Burden of proof lies with the SPIO

34. SIC can direct Public Authorities
• in providing information in any form
• appointing SPIO
• Publishing information
• maintenance of records
• to provide training
• to provide with an annual report
• compensate any loss/detriment suffered
• the steps to take to promote RTI

35. Other powers of the SIC
• receive & inquire into complaints
• Receive and decide appeal from any citizen
• exercise the powers of a civil court to summon
• examine any records under the purview of this act
• issue decision binding on Public Authorities on
RTI
• impose penalty under the act
• reject any application

36. Documents to accompany
appeals
• Appeals in the form /should have contents
• Self-attested copy of the order relied on
• Other documents to prove the request
• An index of the documents referred to

37. Appeal procedure
• Take oral /written evidence/affidavit of
concerned persons
• Inspection of records or documents
• Inquire through authorized officer
• Hear SPIO/ third party
• Affidavit of SPIO or others including the third
party

38. Reasons for complaints to SIC[S. 18(1)]
 No Information officer appointed
 Request refused
 No response
 Unreasonable fee
 Incomplete, misleading or false
information
 Or similar violations of RTI act

39. RTI act override other acts
• provisions in official secrets act 1923
or
• other acts/rules do not sustain, if they
are in conflict with RTI act

40. Govt. can issue rules for
• print-cost price of materials to be
disseminated -issued
• fee for application -issued
• fee for information -issued
• procedure for appeals –not issued

41. The Government shall
• Issue a guide within 18 months in
official language containing
everything required to exercise the
rights

42. Jurisdiction of courts
• lower courts are barred from
entertaining suits
• High/Supreme court can entertain
writs under 32 / 225

43. Take home message
• The act envisages proper upkeep of
information
• Proper dissemination of information to
public
• Giving information is the rule, not other
way round
• Bonafide actions will not bring punishment
• But you should be able to justify it

44. Thank you !Thank you !