Right to Information Law: formula sheet

Key formulas

Right of citizens

Section 3: all citizens have the right to information, subject to the provisions of the Act

The right is given to citizens only. It is not absolute because it is subject to the Act.

Right to information

Section 2(j): right to information accessible under the Act, held by or under the control of a public authority

It includes inspection of work, documents and records; notes, extracts or certified copies; certified samples; and information in electronic mode or printouts.

Information

Section 2(f): any material in any form, including records, e-mails, opinions, advices, contracts, reports, samples, models and electronic data

Also covers information on a private body which a public authority can access under any other law.

Record

Section 2(i): document, manuscript, file; microfilm, microfiche, facsimile copy; reproduction of images; any other material produced by a computer or device

The definition is inclusive, not exhaustive.

Public authority

Section 2(h): body established or constituted by Constitution, Parliamentary law, State law, or Government notification or order; plus bodies owned, controlled or substantially financed, and substantially financed NGOs

Funding or control by the appropriate Government is the key link for bodies outside the first four categories.

Third party

Section 2(n): a person other than the citizen making the request, including a public authority

Used later in Section 11 on third party information.

Extent and commencement

Section 1: extends to the whole of India; Section 4(1), Section 5(1) and (2), and Sections 12, 13, 15, 16, 24, 27 and 28 in force at once; rest on the 120th day of enactment

Know that most provisions started on the one hundred and twentieth day.

Record management duty

Section 4(1)(a): catalogued + indexed records; computerise appropriate records within a reasonable time, subject to availability of resources; network them across the country

Computerisation is conditional on appropriateness and resources. Cataloguing and indexing is not conditional in the same way.

Suo motu publication

Section 4(1)(b): publish 17 categories (i) to (xvii), then update every year

The original deadline was 120 days from enactment of the Act. Updating is yearly.

Policy facts

Section 4(1)(c): publish all relevant facts while formulating important policies or announcing decisions that affect the public

Applies to policies and decisions affecting the public.

Reasons for decisions

Section 4(1)(d): give reasons for administrative or quasi-judicial decisions to affected persons

The duty is owed to affected persons.

Constant endeavour

Section 4(2): provide as much information suo motu as possible, at regular intervals, through various means including internet

Purpose: minimum resort to the Act for obtaining information.

Dissemination

Section 4(3) and (4): widely, easily accessible, cost effective, local language, effective method, electronic format where possible

Disseminated means communicated through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices.

Government's guide

Section 26(2): guide in official language within 18 months from commencement; section 26(3) lists contents; update at regular intervals

Duty of the appropriate Government, not of the public authority.

Making a request (s 6(1))

Written or electronic request + prescribed fee + particulars of information, to PIO or APIO

Language: English, Hindi or the official language of the area. Oral help is given if writing is not possible.

No reasons needed (s 6(2))

Applicant need not give any reason or personal details except contact details

Do not say a PIO can ask why you want the information.

Transfer of application (s 6(3))

Transfer as soon as practicable, and not later than 5 days from receipt

Applies if another authority holds the information or is more closely connected with the subject. Inform the applicant immediately.

General time limit (s 7(1))

Decision within 30 days of receipt

The PIO must act as expeditiously as possible, and in any case within thirty days.

Life or liberty (proviso to s 7(1))

Information within 48 hours of receipt

Applies where the information concerns the life or liberty of a person.

Request through APIO (proviso to s 5(2))

Response period = 30 days + 5 days = 35 days

Five days are added when the application or appeal is given to an APIO.

Deemed refusal (s 7(2))

No decision within the s 7(1) period = request deemed refused

This opens the way to appeal or complaint.

Further fee (s 7(3))

Intimation with details and calculation of fee + appeal rights; time between despatch of intimation and payment is excluded from the 30 days

The clock stops while you have not paid.

Free information (s 7(6) and proviso to s 7(5))

Free if the authority misses the s 7(1) time limit; no fee from persons below poverty line

Fees must be reasonable.

Rejection (s 7(8))

Communicate: (i) reasons, (ii) appeal period, (iii) appellate authority particulars

All three are required.

General rule of section 8(1)

No obligation to disclose information falling in clauses (a) to (j)

Applies notwithstanding anything else in the Act.

Conditional exemptions with public interest test

Clause (d) trade secrets, clause (e) fiduciary, clause (j) personal information

Disclosure if larger public interest warrants or justifies it. In (j), the PIO or appellate authority must be satisfied; in (d) and (e), the competent authority.

Public interest override

Section 8(2): access may be allowed if public interest in disclosure outweighs harm to protected interests

Operates despite the Official Secrets Act, 1923 and section 8(1) exemptions. The word is 'may', not 'shall'.

Twenty-year rule

Section 8(3): events 20 years old before the request must be provided, subject to clauses (a), (c) and (i)

Disputes on computing the date are decided by the Central Government, subject to usual appeals.

Severability

Section 10: give the part of the record that is not exempt and can reasonably be severed

Notice must state reasons, decision-maker's name and designation, fees and review rights.

Third party timeline

Notice within 5 days; third party representation within 10 days of receiving notice; decision within 40 days of request

Section 11(1)-(3). Notice of decision must state the right of appeal under section 19.

Third party appeal

Appeal by third party within 30 days from the date of the order (section 19(2))

The Commission must hear the third party in a second appeal (section 19(4)).

Excluded organisations

Section 24: Second Schedule organisations excluded; corruption and human rights allegations not excluded

Human rights information needs Commission approval and must be given within 45 days.

Composition (CIC and SIC)

Chief Commissioner + Commissioners (not exceeding 10)

Same pattern for the CIC (section 12) and the SIC (section 15). The ten is a ceiling, not a fixed number.

Appointing authority

CIC: President. SIC: Governor.

Each acts on the recommendation of a committee. The committee only recommends.

Selection committee

CIC: PM (Chair) + Leader of Opposition, Lok Sabha + Union Cabinet Minister nominated by PM. SIC: CM (Chair) + Leader of Opposition, Legislative Assembly + Cabinet Minister nominated by CM.

If the Leader of Opposition is not recognised, the leader of the single largest opposition group is deemed the Leader of Opposition.

Qualification

Person 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

Same text in sections 12(5) and 15(5).

Disqualifications

Not an MP or MLA; no other office of profit; no connection with a political party; no business or profession

Sections 12(6) and 15(6).

Headquarters

CIC: Delhi. SIC: place the State Government notifies.

The CIC may open offices elsewhere in India with Central Government approval. The SIC may open offices elsewhere in the State with State Government approval.

Tenure (CIC, section 13)

Term as prescribed by the Central Government; upper age limit 65 years; no reappointment

Since the 2019 amendment the term is prescribed, not fixed at five years. An Information Commissioner holds office for the prescribed term or until 65, whichever is earlier.

Commissioner to Chief Commissioner

Information Commissioner may become CIC; total term as both not more than 5 years

Appointment as CIC is through the section 12(3) committee. The five-year cap is in the second proviso to section 13(2).

Removal (SIC, section 17(1))

Governor's order + proved misbehaviour or incapacity + Supreme Court inquiry on Governor's reference

The CIC is removed under section 14 on the same pattern, with the President as the removing authority. The Governor may suspend the person during the inquiry (section 17(2)).

Removal without Supreme Court inquiry (section 17(3))

Insolvent; convicted of offence involving moral turpitude (Governor's opinion); paid outside employment; unfit by infirmity of mind or body (Governor's opinion); financial or other interest prejudicial to functions

Remember as five grounds. Section 17(4): interest in a State Government contract is deemed misbehaviour.

Powers while inquiring (section 18(3))

Civil court powers under the CPC, 1908 for summoning, discovery and inspection, affidavit evidence, requisitioning records, issuing summons for witnesses or documents, and any prescribed matter

Section 18(4): the Commission may examine any record under a public authority's control, and it cannot be withheld on any grounds.

First appeal (section 19(1))

Within 30 days of the expiry of the time for decision, or of receiving the decision → to an officer senior in rank to the PIO in the public authority

Late appeal can be admitted if the appellant was prevented by sufficient cause.

Third party appeal (section 19(2))

Appeal by the third party against a section 11 disclosure order → within 30 days from the date of the order

Applies where the PIO orders disclosure of third party information.

Second appeal (section 19(3))

Within 90 days from the date the decision should have been made or was actually received → to the Central or State Information Commission

The Commission may admit it late for sufficient cause.

Disposal time (section 19(6))

Appeal disposed of within 30 days of receipt, or within an extended period not exceeding 45 days in total from filing, for reasons recorded in writing

Section 19(6) refers to appeals under sub-sections (1) or (2).

Onus of proof (section 19(5))

Onus to prove that denial was justified is on the PIO who denied the request

Under section 20 the PIO also bears the burden of proving he acted reasonably and diligently.

Penalty (section 20(1))

₹250 per day until the application is received or information is furnished; total penalty ≤ ₹25,000

Hearing must be given to the PIO before the penalty is imposed.

Disciplinary action (section 20(2))

Persistent default without reasonable cause → Commission recommends disciplinary action under the service rules applicable to the PIO

The Commission recommends. It does not itself discipline.

Bar of jurisdiction (section 23)

No court shall entertain any suit, application or other proceeding in respect of any order made under the Act; challenge only by appeal under the Act

Section 21 separately protects acts done in good faith.

Quick revision

• The RTI Act, 2005 gives citizens a right to information held by public authorities, subject to its exemptions.
• Section 4 duties include cataloguing and indexing records and publishing details of organisation, functions, powers and duties.
• Section 4(1)(b) publications must be updated every year.
• Section 4(1)(d): a public authority must give reasons for administrative or quasi-judicial decisions to affected persons.
• Section 8(1) starts with 'notwithstanding anything contained in this Act' and lists information with no obligation to disclose.
• Clauses 8(1)(d) and (e) allow disclosure if the competent authority is satisfied that larger public interest warrants it.
• Section 8(1)(j) protects personal information with no relationship to public activity or that invades privacy, unless larger public interest justifies disclosure.
• Under Section 8(2), a public authority may allow access if public interest in disclosure outweighs harm to protected interests.
• Section 8(3): information on events twenty years old must be given, but this is subject to clauses (a), (c) and (i) of Section 8(1).
• Section 11: the Public Information Officer gives written notice to the third party within five days of receiving the request.
• The third party gets ten days from receipt of notice to make a representation.
• The decision on third party information is made within forty days, and the notice must state the right to appeal under Section 19.

Common mistakes

• Saying that every person has the right to information under Section 3. Fix: Quote Section 3 exactly: all citizens. Use the word citizen in your answer.
• Treating the right as absolute. Fix: Always write that the right is subject to the provisions of the Act, including the exemptions in Section 8.
• Saying computerisation of all records is compulsory at once. Fix: Write that only records appropriate to be computerised must be computerised, within a reasonable time and subject to availability of resources.
• Mixing up section 4 and section 26 duties. Fix: Section 4 binds the public authority. Section 26 deals with the appropriate Government: programmes, training of PIOs and the guide in the official language.
• Saying the APIO decides the request. Fix: The APIO only receives and forwards applications and appeals forthwith. The PIO decides.
• Forgetting the extra five days when the application goes to an APIO. Fix: Apply the proviso to section 5(2): the period becomes 35 days.
• Saying every section 8(1) exemption can be overridden by public interest within its own clause. Fix: Only clauses (d), (e) and (j) carry a public interest test in their text. For the others, cite section 8(2) as the general override, which is discretionary.
• Treating section 24 as an exemption under section 8. Fix: Section 8 exempts types of information. Section 24 removes whole organisations from the Act. Mention the proviso on corruption and human rights.
• Saying the Commission has 'ten Commissioners' exactly. Fix: Write 'a Chief Information Commissioner and such number of Commissioners, not exceeding ten, as are deemed necessary'.
• Writing that the Chief Information Commissioner holds office for five years. Fix: Write that the term is as prescribed by the Central Government, subject to the age limit of 65 years and no reappointment. Mention the 2019 amendment.

Exam tips

• Quote Section 3 word for word, including the words subject to the provisions of this Act and all citizens.
• For definition questions, write the term, the section number and the key inclusions in a short list.
• In fact-based questions, apply the citizen, public authority and held-by-authority tests before concluding.
• Link scope to exemptions with a one-line mention of Section 8, but leave the details for the exemptions topic.
• Use ICSI answer structure: provision, analysis of facts, conclusion.
• Learn section 4(1)(a) to (d) as four headings, then attach the seventeen categories under (b) in groups: organisation, staff, money, documents, public access.
• In every answer, name the sub-section. Writing 'section 4(1)(b)(x)' for remuneration earns more than 'the Act says'.
• Use a short contrast with section 26 if the question mentions Government programmes, training or guides.