Right to Information Act, 2005 (India)

The Right to Information Act, 2005 is an Indian law that provides citizens with a route to access information held by or under the control of public authorities. Its preamble describes transparency and accountability in public authorities as central purposes, while also recognizing that disclosure can conflict with other public interests. The law applies to public authorities as defined by the Act, including specified bodies established by law or government action and certain bodies substantially financed by government. It should not be read as a general right to obtain every record from every private organization.

The Act defines information broadly to include material in different forms, such as records, documents, memos, emails, opinions, advice, circulars, orders, reports and electronic data held by a public authority. The right includes inspecting work and records, taking notes or certified copies, obtaining certified samples, and receiving information in electronic or print form where applicable. Requests concern recorded information held by a public authority; the Act is not a general procedure requiring an authority to create new analysis or answer questions that are not reflected in records.

Section 4 places record-management and publication duties on public authorities. Among the categories described in the Act are an authority's organization and functions, decision-making processes, rules and records, budget information, subsidy programmes, available facilities, and the names and particulars of Public Information Officers. The Act also calls for information to be disseminated in accessible ways and encourages authorities to provide information proactively, reducing the need for individual requests. These obligations make the RTI framework more than an application-and-response system.

A person seeking information submits a request to the relevant Central or State Public Information Officer, or through an Assistant Public Information Officer where applicable, specifying the information sought and paying the fee prescribed by relevant rules. Under Section 6, an applicant is not required to give a reason for seeking information or personal details beyond those needed for contact. If the information belongs with another public authority, the Act provides for transfer of the request. Section 7 sets a general response period of 30 days; requests concerning a person's life or liberty are subject to a shorter statutory period. Fees, application channels and procedural details depend on the applicable rules and authority.

The RTI Act contains exemptions from disclosure. The 2011 Government of India edition of the Act includes categories concerning national security and sovereignty, court-protected material, legislative privilege, commercial confidence, fiduciary information, information received in confidence, risks to individuals, ongoing investigations, cabinet papers and certain personal information. Some exemptions contain public-interest balancing provisions. The law also provides for severing exempt portions of a record where the remaining material can reasonably be disclosed. A request should therefore be assessed under the applicable statutory provisions rather than assuming that every official record is automatically public or automatically confidential.

The Act provides a review structure when an applicant does not receive a timely decision or is dissatisfied with a response. It provides for a first appeal within the public authority and a second appeal to the Central or relevant State Information Commission, subject to statutory deadlines and procedures. Information Commissions also handle specified complaints and have powers under the Act. The Central Information Commission states that it was constituted under the Act with effect from 12 October 2005 and has jurisdiction over Central Public Authorities. State Information Commissions operate within their respective statutory jurisdictions.

The RTI Act gives citizens a formal mechanism to seek records and scrutinize aspects of public administration. It can support accountability, informed participation and reporting, while its exemptions recognize competing interests such as individual privacy, safety and effective administration. Courts and Information Commissions interpret how these principles apply in particular disputes. For practical use, readers should consult the current official text, rules and guidance relevant to the authority involved: the Central Information Commission's linked PDF edition is expressly modified only up to 1 February 2011 and should not be treated as a fully current consolidation.