The Right to Information Act, 2005

Before 2005, a citizen had no legal right to ask why a road was not built or where a subsidy went. The Right to Information Act changed that. It did not come from a government committee. It grew out of a village campaign in Rajasthan. This lesson tells that story, then shows how the law works, what it hides, and where it struggles today.

1Chapter 1: What the RTI Act Gives Citizens

Must Know

The right

• Parliament passed the Act in May 2005.
• It got presidential assent on 15 June 2005 and came fully into force on 12 October 2005.
• Every citizen can ask a public authority for information.
• A public authority is any government body, or a body largely funded by government.
• A typical request asks why a road is delayed, whether ration supplies reached a village, or how an exam was marked.
• So RTI is called a citizen’s tool, not just a legal right.

Reply and appeals

• A Public Information Officer (PIO) must reply within 30 days.
• If life or liberty is at stake, the time is 48 hours.
• If the PIO refuses or is late, the applicant makes a first appeal. It goes to a senior officer in the same office.
• A second appeal goes to the Central or State Information Commission.
• Read more: Central Information Commission.

Duties and penalties

• Section 4 forces every authority to publish its own structure, functions, budgets and decision rules, without being asked.
• A PIO who delays or refuses without good reason can be fined ₹250 a day, up to ₹25,000.
• The Act has 6 chapters and 31 sections, plus two schedules.

2Chapter 2: Where the Law Came From

Must Know

A village campaign

• The RTI Act traces back to Rajasthan, not to a government committee.
• Aruna Roy and others formed the Mazdoor Kisan Shakti Sangathan (MKSS) in 1990.
• From 1994 MKSS held public hearings called Jan Sunwais.
• Villagers checked official wage and ration records against what they had really received.
• This exposed corruption and built the case for a legal right to information.

The law that never started

• The Freedom of Information Act, 2002 was passed but never brought into force.
• Critics said it had too many exemptions and no cap on fees.
• It was set aside in favour of the stronger 2005 law.

3Chapter 3: What Can Be Withheld

Good to Know

Exemptions

• Section 8 lists exemptions.
• They include information that would harm an investigation, Cabinet papers, and personal details with no public link.
• Exemptions are not always absolute.
• Some can be overridden if the public interest in disclosure is greater.
• Information about an event 20 or more years old must be disclosed, with a few exceptions.

Section 24

• Section 24 keeps certain intelligence and security organisations outside the Act.
• These are listed in the Second Schedule.
• Even they must give information on corruption and human rights violations.

Overriding the secrets law

• Section 22 gives the RTI Act overriding effect over any inconsistent law.
• This includes the Official Secrets Act, 1923.
• In the Rafale case, the Supreme Court applied this rule.
• Where the two laws conflict on disclosure, RTI prevails.

4Chapter 4: Courts and Amendments

Good to Know

The DPDP Act, 2023

• The Digital Personal Data Protection Act, 2023 changed Section 8(1)(j) on personal information.
• Before, personal information still had to be disclosed if the public interest outweighed the privacy harm.
• The DPDP Act removed that override. Personal information is now exempt outright.
• Critics fear officials can refuse requests, such as a public official’s caste certificate or degree, by calling them “personal”.
• The change is being challenged in the Supreme Court.
• Read more: Digital Personal Data Protection Act, 2023.

The CJI’s office is a public authority

• On 13 November 2019 a five-judge Supreme Court bench ruled, 3:2, that the office of the Chief Justice of India is a public authority under RTI.
• So the judiciary’s own opacity became open to the same test.
• Read more: The Judiciary: Structure and Judicial Appointments.

The 2019 Amendment

• The RTI (Amendment) Act, 2019 changed how Information Commissioners serve and are paid.
• Before: tenure up to 5 years or age 65, and pay matched the Election Commission by law.
• After: the Central Government sets both by its own rules.
• Read more: Election Commission of India: Structure and Independence.
• Critics say the body meant to force transparency now depends on the government it checks.

5Chapter 5: The Cost of Asking Questions

Great to Know

Risks and delays

• The Commonwealth Human Rights Initiative (CHRI) has documented over 100 RTI activists killed since 2005.
• Hundreds more were assaulted or threatened.
• Maharashtra and Gujarat report the highest numbers.
• Most had exposed local corruption in land records, ration supplies or public works.
• As of June 2025 the CIC and 28 State Commissions had 4.13 lakh appeals and complaints pending.
• Maharashtra, Karnataka and Tamil Nadu carried the largest backlogs.
• Several State Commissions went months without a single commissioner.
• At one point, Telangana’s backlog meant a new appeal could take nearly 29 years to be heard.
• Related reading: Digitisation of the Judiciary: The e-Courts Mission Mode Project, NALSA: India’s Free Legal Aid Machinery.

6Previous Year Questions

Exam angle: how Mains papers ask about RTI.

Quick Q&A

• RTI in force? 12 October 2005.
• Normal reply time? 30 days.
• Life or liberty? 48 hours.
• MKSS formed? 1990.
• CJI office ruling? 13 November 2019.