Introduction. The Right to Information Act, 2005 is a powerful legislation aimed at promoting transparency, accountability, and openness in the functioning of public authorities. It empowers citizens to seek information from government bodies and ensures timely response. The Act lays down a clear procedure for requesting information and also specifies categories of information that are exempt from disclosure to protect national interests and individual privacy.
Procedure to Obtain Information under the RTI Act
The RTI procedure is simple, citizen-friendly, and designed to ensure quick access to government information.
1. Identifying the Public Authority
The applicant must identify the correct public authority from which information is required. Every ministry, department, university, municipal authority, PSU, or government-controlled body is covered.
2. Filing the RTI Application (Section 6)
- The application may be handwritten or typed—no specific format required.
- It must be addressed to the concerned Public Information Officer (PIO).
- Applicant must clearly mention the information sought, avoiding vague or voluminous queries.
- No personal details except contact information are required.
3. Payment of Prescribed Fee
- Normal RTI fee is ₹10.
- Payment modes: postal order, demand draft, cash, or online portal (rtionline.gov.in).
- BPL applicants need not pay any fee; they must attach BPL proof.
4. Submission of the Application
- Application may be submitted in person, by post, or through the online RTI portal.
- If application is wrongly addressed, the PIO must transfer it to the correct authority within 5 days (Section 6(3)).
5. Time Limit for Response (Section 7)
- PIO must respond within 30 days.
- For life or liberty related matters, reply must be given within 48 hours.
- If PIO fails to respond, the request is deemed refused and appeal can be filed.
6. First Appeal (Section 19(1))
If no information is provided within 30 days or the applicant is dissatisfied, a first appeal can be filed to the First Appellate Authority (FAA) within the same department.
7. Second Appeal (Section 19(3))
If still unsatisfied, a second appeal may be filed before the State or Central Information Commission within 90 days.
Information Not to Be Disclosed under the RTI Act (Exemptions under Section 8)
To balance transparency with national security and privacy concerns, certain categories of information are exempt from disclosure.
1. Information Affecting National Security
Information that may harm the sovereignty, integrity, or security of India, including strategic, intelligence, or military data.
2. Information Forbidden by Court
If disclosure is prohibited by court orders or tribunals, it cannot be released.
3. Personal Information
Information that relates to personal privacy, medical records, or private life of individuals and has no public interest.
4. Trade Secrets and Commercial Confidence
Information that may harm the competitive position of a company, such as technology or business strategies.
5. Information That May Endanger Life or Safety
Details that may risk someone's life, safety, or physical security.
6. Information from Foreign Governments
Confidential information received from foreign governments in confidence.
7. Cabinet Papers
Documents related to Cabinet discussions are exempt until the decision is final.
8. Ongoing Investigations
Information that would impede investigation, prosecution, or apprehension of offenders.
9. Fiduciary Relationship
Information held in trust or relating to fiduciary capacity, unless overriding public interest exists.
Extended Explanation
The RTI Act promotes transparency, but at the same time, safeguards national security, economic stability, and individual privacy. The exemptions under Section 8 ensure that disclosure does not harm public interests or obstruct legitimate government functioning. However, even exempt information may be disclosed if the public interest in disclosure outweighs the harm.
Conclusion: The RTI Act provides a simple, effective, and citizen-friendly procedure to obtain information. While ensuring transparency, the Act also protects sensitive information through well-defined exemptions. This balance ensures accountable governance while maintaining national and personal security.