InfoRights

FAQs

1. When did the Right to Information Act, 2005 come into force?

It came into force on the 12th October, 2005 (120th day of its enactment i.e. 15th June, 2005 on which date it received the assent of the President of India).Some provisions came into force with immediate effect from 15th June, 2005.

These are

• Obligations of public authorities [S.4(1)],

• Designation of Public Information Officers and Assistant Public Information Officers[S.5(1) and 5(2)],

• Constitution of Central Information Commission (S.12 and 13),

• Constitution of State Information Commission (S.15 and 16),

• Non-applicability of the Act to Intelligence and Security Organizations (S.24) and

• Power to make rules to carry out the provisions of the Act (S.27 and 28).

This was done to ensure that the framework for implementation of the Act is ready before 12th October 2005 when the Act becomes operational.

2. What is the Right to Information Act, 2005 about?

The Right to Information Act 2005 gives to every citizen of India a right to request for information that he or she desires from any Public Authority. The extent of coverage is very vast. Every authority or body engaged in any kind of governance of the country is covered under Public Authority. Private bodies substantially financed by Government funds, directly or indirectly are covered as Public Authorities. Information can be asked for from such private organizations. The scope of request for information even extends to those private bodies which though not financed by Government funds are under any control of a Government authority under any Law of the Land. Information about such private bodies can also be obtained through the Government authority.

3. What are the objectives that the Right to Information Act, 2005 is expected to fulfill?

The Right to Information Act, 2005 aims at transparent and accountable governance of the country. Transparency would mean that a citizen should have the right to know everything about how the country is being governed. He should have access to all records and documents relating to any aspect of governance and should be able to take extracts/copies of these documents and records. This is exactly what the Right to Information Act, 2005 gives us, the right to request for information. Once the documents and records of governmental authorities become open to citizens, it is expected that the authorities will start taking decisions in accordance with prescribed rules and norms. This in turn will reduce corruption. This is a related objective of the Act. In a way, governmental functioning becomes subjected to public audit. Any irregularity can be brought to surface by any citizen of India. It therefore has the potential of changing the face of the country. In a broader perspective the Right to Information Act, 2005 aims at strengthening democracy. The citizen of India by resorting to the right given by the Act shall become a better informed citizenry and hence shall be in a better position to make judgments. Not only the citizens, the authorities taking decisions shall also be better informed to take rational decisions. Even political parties shall be well informed to take stands on issues of national importance. The process will strengthen democracy.

4. Is the Right to Information a Fundamental Right?

The list of Fundamental Rights enshrined in the Constitution of India does not specifically include right to information. But Hon'ble Supreme Court of India in several judgments has held right to information to be a fundamental right.

5. What is the extent of coverage of the Right to Information Act, 2005?

The Act extends to the whole of India except the State of Jammu and Kashmir.

6 What does ‘Information' mean?

Information has been defined in Section 2(f) of the Act in an exhaustive manner. It means

1. 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 This definition includes the phrase ‘record' which has been defined in Section 2(i) of the Act to mean

• 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) and,

• any other material produced by a computer or any other device.

2. Information relating to any private body which can be accessed by a public authority under any other law for the time being in force. It needs to be stressed that even private bodies are within the purview of the Right to Information Act, 2005. But the scope of private bodies is limited to only those aspects which can be accessed by a Public Authority under any Law in force. The Act also extends to those private bodies which are substantially financed by funds provided by the Government, either directly or indirectly. This latter scope falls under the definition of ‘Public Authority' which is explained elsewhere in these FAQs.

7. What does ‘Right to Information' mean?

The right relates to every citizen of India who can make a request and obtain any information which they desire to have from any Public Authority. It is a Fundamental Right as made explicit by Hon'ble Supreme Court of India in several judgments. This right includes the right to

• Inspection of works

• Inspection of documents and records.

• Taking notes extracts or certified copies of documents or records.

• Taking certified samples of material.

• To obtain information in the desired mode e.g. diskettes, floppies, tapes, video cassettes, any other electronic mode or print out (in case information is stored in computers etc.) or photocopy.

The only qualification to this right is (and obviously so) that the information should be either directly held by the Public Authority ( in respect of the first meaning of information) or, it should be under the control of Public Authority (in respect of second meaning of information)

8. Can I request for physical samples of material from any public authority?

Yes. The Act clearly provides for the citizen requesting for samples of any material from any public authority.

• Not only this, where a private organization is under control of any Government department under any Law of the land, it may be possible to obtain samples of material from the private organization as well, e.g. if a factory is causing undue pollution say by burning of coal, it may be possible to obtain samples of coal from that factory (to ascertain its quality) through the Pollution Control Board.

• It shall definitely be possible where public interest is involved.

9. Can I make a request to do inspection of office of a Government department?

Yes. Physical inspection of any office of any public authority can be requested under the Right to Information Act, 2005.

10. Can I request for physical inspection of records and files of any Government department?

Yes. Physical inspection of records and documents in possession of any Government department or any public authority is very much possible under the Right to Information Act, 2005.

11. Can I request for information relating to past? How far back in the past can one go?

There is no time limit prescribed in the Act. One can therefore go back any number of years in the past as one desires. Infact, if one seeks information more than twenty years in the past, there are no exemptions applicable. This means that any information, even if exempt under Section 8 of the Right to Information Act, 2005 can be obtained if it relates to more than twenty years in the past.

12. What does a ‘Public Authority' mean?

Generally speaking, any organization, body or institution having the authority of the Government would be a Public Authority. If one visualizes how the country is being governed, then every organ of the structure engaged in governing any activity in the country will be a Public Authority. At the apex of governance in India is the Constitution of India. Every body or authority established or constituted by or under the Constitution shall be a Public Authority. The President of India, the Election Commission of India etc. etc. are all Public Authorities under the Act. The entire judicial set up of the country, the Supreme Court of India and the High Courts in the States and down the line are Public Authorities. Then there are the Law making agencies in the Country, the Indian Parliament and the State Legislatures. These are also Public Authorities. Every body or authority created by any Law operative in the country, either of the Central Government or the State Government shall be a Public Authority. The entire Government machinery, the ministries, the departments and every organ of these ministries and departments shall be public authorities. In crux, every authority which is managing anything in the country on behalf of what we know as Government is a Public Authority and the citizens can request for information from these bodies. The entire institution of self government in India, the Panchayati Raj is Public Authority. Not only this, wherever there is substantial financing of the Government, (either direct or indirect) even if to private bodies including NGOs, the organization shall be a public authority. Thus, there are two criteria for an organization to be classed a public authority.

• First any organization having the authority of governance of any aspect of the country is a public authority.

• Second, any organization, public or private, including NGOs, in which there is substantial financing of Government funds, either direct or indirect shall be a public authority.

13. Are any Public Authorities excluded from operation of the Right to Information Act, 2005?

Central Intelligence and Security agencies specified in the Second Schedule of the Right to Information Act, 2005 are excluded from the operation of the Right to Information Act. The listed Central intelligence and security agencies are as follows:

1. Intelligence Bureau.

2. Research and Analysis Wing of the Cabinet Secretariat.

3. Directorate of Revenue Intelligence.

4. Central Economic Intelligence Bureau.

5. Directorate of Enforcement.

6. Narcotics Control Bureau.

7. Aviation Research Centre.

8. Special Frontier Force.

9. Border Security Force.

10. Central Reserve Police Force.

11. Indo-Tibetan Border Police.

12. Central Industrial Security Force.

13. National Security Guards.

14. Assam Rifles.

15. Special Service Bureau.

16. Special Branch (CID), Andaman and Nicobar.

17. The Crime Branch-C.I.D.- CB, Dadra and Nagar Haveli.

18. Special Branch, Lakshadweep Police.

State Governments can declare similar agencies of the State which will be excluded. The declaration shall have to be through Notification. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission. The maximum time for supply of such information shall be forty-five days from the date of receipt of application.

14. What are the obligations of Public Authorities under the Right to Information Act, 2005?

It is the primary duty of every organization engaged in any kind of governance in the country to analyze itself and declare itself a Public Authority. In case of default, a complaint can be lodged with the Information Commission by any citizen of the country. Once an organization declares itself a Public Authority, then it has to appoint Public Information Officers in each of its administrative units and offices who shall deal with request applications for information from the citizens. In case of default, a complaint can be lodged with the Information Commission by any citizen of the country. Every Public Authority has to publish prescribed details about itself. The details to be published are :

• the particulars of its organization, functions and duties;

• the powers and duties of its officers and employees;

• the procedure followed in its decision making process, including channels of supervision and accountability;

• the norms set by it for the discharge of its functions;

• the rules, regulations, instructions, manuals and records used by its employees for discharging its functions;

• a statement of the categories of the documents held by it or under its control;

• the particulars of any arrangement that exists for consultation with, or representation by the members of the public, in relation to the formulation of policy or implementation thereof;

• a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted by it. Additionally, information as to whether the meetings of these are open to the public, or the minutes' of such meetings are accessible to the public;

• a directory of its officers and employees;

• the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;

• the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

• the manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes;

• particulars of recipients of concessions, permits or authorizations granted by it;

• details of the information available to, or held by it, reduced in an electronic form;

• the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

• the names, designations and other particulars of the Public Information Officers.

15. Are there any restrictions or exemptions to disclosure of information by any Public Authority? OR, What is not open to disclosure?

The following exemption are provided in the Act :[Section.8]

• information, disclosure of which would prejudicially affect ? the sovereignty and integrity of India, ? the security, strategic, scientific or economic interests of the State, ? relation with foreign State

• information, disclosure of which would lead to incitement of an offence

• information which has been expressly forbidden to be published ? by any court of law or ? tribunal or ? the disclosure of which may constitute contempt of court;

• information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

• information including 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,

• unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

• information received in confidence from foreign Government;

• information, the disclosure of which would 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

• information which would impede the process of investigation or apprehension of offenders or prosecution of offenders

• Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:

But the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken have to be made public after the decision has been taken, and the matter is complete, or over

• However those matters which come under the exemptions specified in this FAQ shall not be made public.

• information which relates to personal information ? which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual

• But, the Public Information Officer or the appellate authority may disclose such information if it is satisfied that the larger public interest justifies the disclosure of such information

• Also, the information which cannot be denied to the Parliament or a State Legislature shall have to be disclosed.

16. Is partial disclosure allowed?

Yes. If a document or record contains part information which can be disclosed and the balance is covered by the exemption provisions, the authority may decide to give only that portion of the document or record which is not covered by the exemption provisions. Before finally taking this decision, the authority shall have to give opportunity to the applicant.

17. Who is a Public Information Officer?

Public Information Officers are designated officers in each office or administrative unit of a public authority to deal with request applications under the Right to Information Act, 2005. They are the focal points for requesting and getting information. All applications have to be made to them and all information are supplied by them.

18. What is the role of a Public Information Officer and what are his duties?

The Public Information Officer receives applications requesting for information, processes them, gathers the information requested and makes the information available to the person requesting information. It is all his job. He can even refuse to supply the information. In processing the requested application, he has to ensure that

• Application fee has been paid

• How much further fee is required to be paid by the applicant and inform the applicant about it

• If the additional fees is such against which appeal can be filed by the applicant, to inform the applicant the details of the appellate authority

• Interests of third party are protected

• If information requested pertains to any other office, department or Public Authority, then transfer the application to the concerned Public Information Officer and inform the applicant

• Information is supplied within the prescribed time as per the Act. (maximum time thirty days) In case of refusal to supply the information, he has to pass an order in writing giving reasons for refusal and inform the applicant the details of the appellate authority where applicant can file appeal against the decision of the Public Information Officer.

19 How can I make a request application?

There is no prescribed form for making a request application. A simple letter serves the purpose. The letter can be in Hindi, English or in the official language of the area. It can be in writing or through an electronic mode. If the person wanting to request has difficulty in writing the application he can go to the Public Information Officer who will afford reasonable assistance. But the prescribed application fee must be paid.

• Reasons for requesting the information are not required to be given in the application

• No personal details (of the applicant) are required to be given in the application

• The only required detail is by which the Public Information Officer is able to contact the applicant.

In this sense, a telephone number or even a mobile number is enough. To Add: The application has to be filed advisably with the concerned Public Information Officer or if there is any Assistant Public Information Officer available, then it can be filed with the Assistant Public Information Officer also. The Government is taking steps to ease out the situation by trying to nominate Post Offices across the country as agents of Public Authorities to receive applications.

20. In how many days can an applicant get the information?

The Public Information Officer is duty bound to give information as early as possible. The prescribed maximum time in normal circumstances is

• Thirty days from the date of filing application

• Forty-eight hours if information concerns the life or liberty of a person

These time limits get extended in following situations

1. If application is filed before Assistant Public Information Officer, five more days are added to thirty days

2. If interests of third party are involved

• Ten more days are added to thirty days

If the third party objects to supply of information, then delay is likely because information can then be supplied by the Public Information Officer only after completion of appeal proceedings (appeal filed either by the third party or the applicant depending upon the situation)

3. If application relates to any office, department or Public Authority other than that of Public Information Officer where application is filed, then the time taken in transferring the application to the concerned Public Information Officer is added to thirty days

• The Public Information Officer receiving application is duty bound to transfer the request application within five days of receipt. Transit time shall come in. The time limit in such a situation shall begin from the date on which the relevant Public Information Officer receives the application.

21. Can a Public Information Officer refuse to give information? In what circumstances?

Refusal is possible if the requested information is covered by any of the exemptions provided in Section 8 of the Right to Information Act. These situations are detailed in answer to FAQ No. 15. Also, if there is any infringement of copyright, information can be refused.

22. If information is neither supplied nor refused, what is the way out?

This is a situation of deemed refusal. The applicant can file appeal and/or file a complaint before the Information Commission.

23. If information is not supplied in time, can a complaint be lodged against a public authority?

The responsibility of supplying information in time wherever requested is not of public authority but of public information officer appointed by the public authority. And, this is more in the nature of a personal responsibility of the Public Information Officer. On default of supplying information in time, it is assumed that the information has been denied by the Public Information Officer. In this situation there are two courses available to the citizen. He can file appeal. In the alternative or even parallel to the appeal he can file complaint to the Information Commission.

24. Is there any penalty for not complying with the provisions of the Act?

Yes, there are penalty provisions. The Information Commission can impose penalty on the Public Information Officer. The penalty amount is Rs. 250/- per day subject to maximum of Rs. 25,000/-. And, the penalty has to be borne by the Officer out of his own pocket. This penalty can be imposed in the following circumstances:

• Refusing to accept application

• Not supplying information within prescribed time without reasonable cause

• Malafidely denying information

• Knowingly giving incomplete, incorrect or misleading information

• Destroying information requested for

• Obstructing the supply of information in any other manner

On recurring default of a Public Information Officer the Commission can recommend disciplinary action against the Public Information Officer.

25. How much fee is to be paid for requesting for information?

The quantum of fee is not prescribed in the Act. The Central Government has notified The Right To Information (Regulation of Fee and Cost) Rules, 2005 vide GSR No. 336 (E) dated 16.09.2005. ( F. No. 34012/8(s)/2005 – Estt.(B) dated 16.09.2005 ) subsequently amended by The Right To Information (Regulation of Fee and Cost) (Amendment) Rules, 2005 vide notification dated 27.10.2005 ( F. No. 34012/8(s)/2005 – Estt.(B) dated 27.10.2005). The details of fee are contained in these Rules which are available elsewhere on this web-site and can be accessed through the links provided here.

26. How the fee is to be paid and when?

The fee can be paid either in cash or by demand draft or by banker's cheque payable to the Accounts Officer of the Public Authority i.e. the Officer responsible for giving salary to the Public Information Officer. The prescribed application fees has to be paid before filing the application since proof of payment of the fees needs to be attached with the application (otherwise the process shall get delayed). The other charges (the cost of medium of information like photocopy or floppy or CD etc.) has to be paid when the quantum to be paid becomes known and the Public Information officer asks for this payment. It can be paid in advance also. But if excess fee is paid, it may not be refunded since so far there is no provision in the Act for refund of excess fee paid. The Public Information officer can demand a further fees (over and above detailed above) being cost of providing the information. This fee can not be paid in advance because the Public Information Officer shall issue intimation to the applicant in writing giving detailed calculation of the fees with request to pay the fees. The applicant here has the right to appeal against the quantum. To delete : The Government is taking steps to ease out the situation by trying to nominate Post Offices across the country as agents of Public Authorities to receive fees.

27. What is a third party?

The concept of third party is simple – any one other than the person requesting for information and the public authority from which information is requested. Third Party becomes relevant when the information requested for either relates to a third party or has been supplied by a third party. In this situation if the Public Information Officer intends to supply information, the third party gets a right of being heard before information is supplied. But this right of intervention of the third party can be invoked by the Public Information Officer, i.e., opportunity can be given by the Public Information Officer to the third party to object only if the information was treated by the third party as ‘Confidential'. In that case, before supplying the information the Public Information Officer has to give a written notice to the third party informing the party his intention of supplying the information and calling for any objections that the third party might have.

28. Who are the Appellate Authorities?

There are two stages of appeal prescribed in the Act. The first appeal against the decision of the Public Information Officer lies with the immediate superior of the Public Information officer. The second and final appeal against the decision of the first appellate authority lies before the relevant Information Commission.

• The Central Information Commission in case of Central Public Authorities, and,

• State Information Commission in case of State Public Authorities.

29. What is the time available for filing appeal against refusal or inaction of the Public Information Officer?

Refusal: Appeal to the first appellate authority has to be filed within thirty days from the date of refusal by the Public Information Officer.

Inaction: In case there is no refusal and the information is not supplied by the Public Information Officer within thirty days of application, then, within thirty days from the last date on which information should have been supplied by the Public Information Officer.

30. Tell me about Central Information Commission?

The Central Information Commission is the apex body under the Right to Information Act, 2005 in respect of Central Public Authorities. It is autonomous and has the same status as that of Election Commission of India. It is constituted by the Central Government through a Gazette Notification. The Commission includes one Chief Information Commissioner and not more than 10 Information Commissioners. They are appointed by the President of India who administers the oath of office as prescribed in Schedule 1 to the Right to Information Act, 2005. The members of the Commission are chosen by a Appointment Committee which includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister. The candidates must 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. The candidates can not be a Member of Parliament or Member of the Legislature of any State or Union Territory. They also can not hold any other office of profit in the Government or be connected with any political party or be carrying on any business or pursuing any profession. The Chief Information Commissioner and the Information Commissioners are appointed for a term of five years. They have to retire at the age of 65 years even if the five year term has not expired. They are not eligible for reappointment. An Information Commissioner can be chosen as Chief Information Commissioner but the total tenure in the Commission can not exceed five years. The salary of Chief Information Commissioner is the same as that of Chief Election Commissioner and that of Information Commissioners same as that of Election Commissioners. The Commission has its Headquarters in Delhi. Other offices can be established in other parts of the country with the approval of the Central Government. No such office has been opened so far.

31. Tell me about State Information Commission?

The State Information Commission is the apex body under the Right to Information Act, 2005 in respect of State Public Authorities. It is autonomous and has the same status as that of Election Commission. It is constituted by the State Government through a Gazette Notification. The Commission includes one Chief Information Commissioner and not more than 10 Information Commissioners. They are appointed by the Governor of the State who administers the oath of office as prescribed in Schedule 1 to the Right to Information Act, 2005. The members of the Commission are chosen by a Appointment Committee which includes Chief Minister (Chair), Leader of the Opposition in the State Legislature and one Cabinet Minister to be nominated by the Chief Minister. The candidates must 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. The candidates can not be a Member of Parliament or Member of the Legislature of any State or Union Territory. They also can not hold any other office of profit in the Government or be connected with any political party or be carrying on any business or pursuing any profession. The Chief Information Commissioner and the Information Commissioners are appointed for a term of five years. They have to retire at the age of 65 years even if the five year term has not expired. They are not eligible for reappointment. An Information Commissioner can be chosen as Chief Information Commissioner but the total tenure in the Commission can not exceed five years. The salary of Chief Information Commissioner is the same as that of Election Commissioner and that of Information Commissioners same as that of Chief Secretary to the State Government. The Commission has its Headquarters in the place decided by the State Government. Other offices can be established in other parts of the State with the approval of the State Government. No such office has been opened so far.

32. What are the powers and functions of Information Commissions?

The Central Information Commission/State Information Commission can entertain complaints from any person -

• who has not been able to submit request application because a Public Information Officer has not been appointed or

• the appointed officer refused to accept the application

• who has been denied the requested information ;

• who has received no response to request application within the specified time limits ;

• who thinks the additional fees charged are unreasonable

• who thinks information given is incomplete or false or misleading ;and

• any other matter relating to obtaining information under this law. And, initiate enquiry on satisfaction of reasonable grounds of the complaint.

The Commission has all the powers of a Civil Court while enquiring into complaints like issue of summons, requisitioning records and documents of Public authorities, recording evidences and examining witnesses etc. The Public Authority is duty bound to obey the directions of the Commission on every matter. The Commission can issue directions to Public Authority as it deems fit in order that the provisions of the Right to Information Act, 2005 are properly complied. They can even direct on the manner of maintenance of records and ensure training to the officials. The Commission can go to the extent of awarding compensation for any loss or other detriment suffered by the applicant. They also have the power of imposing penalties on the officials and recommending disciplinary actions. The Commission is the second and final appellate authority under the Right to Information Act, 2005. The decisions of the Commission in appeals are final and binding. No further appeal lies against these appeal orders.

33. Do the Courts have any jurisdiction over matters related to the Right to Information Act, 2005?

Lower Courts are barred from entertaining suits or applications against any order made under the Right to Information Act, 2005. The writ jurisdiction of the Supreme Court and High Courts under Articles 32 and 225 of the Constitution remains. The Information Commission can on its own grant right of further appeal to the applicant against its own orders in its own judgment as deemed fit by it.

34. Is the Government assigned any role under the Right to Information Act, 2005?

Yes. There are several roles assigned to the Government.

• First is the constitution of the Commission.

• Second, it has the power to make rules under the Act.

• Third, it has the power to solve any difficulties that might arise in implementation of the Act.

• This power remains for a period of two years from the date on which the Act has come into force and lapses thereafter.

The Government has the responsibility of making public aware of the Right to Information Act, 2005, its provisions and procedures, disseminate suo motu information related to various agencies and departments, train officials dealing with the Right to Information Act, 2005 and publish ‘User Guides' and ‘Directory of Public Information Officers'.

35. Who has the Rule making power?

Central Government, State Governments and the Competent Authority as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005.

36. Who has the power to deal with difficulties in implementation of the Right to Information Act, 2005?

If any difficulty arises in giving effect to the provisions of the Right to Information Act, 2005, the Central Government has the power to issue orders necessary to remove the difficulty. These orders are to be published in the Official Gazette. No such order has been passed so far. This power of removing difficulties shall exist for a period of two years from the date of commencement of the Act after which this power shall lapse automatically.