Right to Information
Act, 2005
Eighteen chapter notes covering India’s transparency legislation — the definition of ‘public authority’ and ‘information’, the obligations of public authorities (Section 4 suo motu disclosures), the right of citizens to request information, the exemptions under Section 8, the Public Information Officer mechanism, the first and second appellate framework, and the Central and State Information Commissions. Public authority first, exemption second, disclosure third.
RTI — transparency as a constitutional right under Article 19(1)(a).
The Right to Information Act 2005 gives every citizen the right to request information from a public authority — any authority established by or under the Constitution, by any law made by Parliament or the State Legislature, by notification, or substantially financed by Government. The right is grounded in Article 19(1)(a) freedom of speech and expression which includes the right to information — confirmed by the Supreme Court in PUCL v. Union of India and Secretary General, Supreme Court of India v. Subhash Chandra Agarwal.
These notes anchor every chapter to its RTI Act section. The most-tested provisions are Section 2(h) (public authority), Section 2(f) (information), Section 3 (right to information), Section 4 (suo motu disclosure obligations), Section 6 (request for information), Section 7 (time limits for disposal — thirty days), Section 8 (exemptions), Section 11 (third-party information), Section 19 (appeal), and Section 20 (penalty on PIO).
Each chapter is designed to be read in twelve to fifteen minutes and to leave the reader with the RTI section, the public authority definition, the exemption category, the appellate route, and the leading authority.
How to read these notes
Test the public authority.
Every RTI chapter begins with the Section 2(h) public authority definition. Is the body established or constituted by or under the Constitution? By any law made by Parliament or the State Legislature? By notification issued by Government? Substantially financed by Government (directly or indirectly)? If yes to any, it is a public authority and the RTI Act applies.
Apply the Section 8 exemption test.
Every RTI exemption question applies the Section 8 two-stage test. First: does the information fall within one of the ten Section 8(1) categories? If not, it must be disclosed. If yes: does the Section 8(2) public interest override apply? Is there a dominant public interest in disclosure that outweighs the harm to the protected interest? If yes, disclose despite the exemption.
Test on the leading case.
If you can restate the holding of Secretary General, Supreme Court v. Subhash Chandra Agarwal, Girish Ramchandra Deshpande v. CIC, or CBSE v. Aditya Bandopadhyay in two sentences, you understand the chapter. If not, return to the statutory section and rebuild from there.
All 18 chapters, in 3 groups
Sequenced through the natural structure of the subject — every chapter sits in a doctrinal cluster.Definitions, Public Authority & Right to Information
Sections 2’3 — the threshold concepts
Section 2(h) definition of public authority — constitutional, legislative, notified, and substantially-financed bodies. Section 2(f) definition of information — any material in any form held by or under the control of any public authority. Section 3 the right of citizens to request information. The constitutional grounding in Article 19(1)(a) confirmed by the Supreme Court. The exclusions — political parties (controversial), intelligence agencies under Second Schedule.
Disclosure Obligations, Request & Exemptions
Sections 4–8 — the core framework
Section 4 suo motu disclosure obligations — seventeen categories of information every public authority must publish proactively. Section 6 request for information — no reasons required, payable fee of ten rupees. Section 7 time limits — thirty days (twenty days if the PIO is below District Magistrate level), forty-eight hours for life and liberty information. Section 8 exemptions — ten categories with the public interest override under Section 8(2). Section 9 rejection of request where the information relates to the third party’s trade secret or is not held by the public authority.
Designation of Public Information Officers
RTI · 06Request for Obtaining Information (Section 6)
RTI · 07Disposal of Request (Section 7)
RTI · 08Exemptions from Disclosure (Section 8)
RTI · 09Severability (Section 10)
RTI · 10Third Party Information (Section 11)
RTI · 11Central Information Commission
PIO, Appeal, Penalty & Information Commissions
Sections 5–25 + reference
Section 5 designation of Public Information Officers and Assistant PIOs. Section 11 third-party information — five-day notice to the third party and the opportunity to make representations before disclosure. Section 19 first appeal to the Senior PIO within thirty days, second appeal to the Central or State Information Commission within ninety days. Section 20 penalty on the PIO — two hundred and fifty rupees per day up to twenty-five thousand rupees for wilful or malicious delay or refusal. Section 12 and 15 constitution of the Central and State Information Commissions. The landmark Supreme Court and High Court decisions on RTI.