Right to Information Act, 2025: RTI Overview, Provisions, and Benefits

Right to Information Act

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:42 PM IST

What is Right to Information Act 2005?

The Right to Information (RTI) Act grants each individual the freedom to seek and receive information and opinions about any problem via any media, regardless of boundaries. It went into effect when the Universal Declaration of Human Rights was ratified in 1948. The law for the Right to Information Act was updated in 2005. The 1966 International Covenant on Civil and Political Rights guarantees everyone the right to free expression as well as the sharing of information and ideas. To put this theory into practice, a system was developed for Indian residents that allows for the free interchange of information and ideas. The Indian Parliament adopted the Right to Information Act, of 2005 comes under Consumer Law.

This Story also Contains

What is Right to Information Act 2005?
Historical Background of the Right to Information Act
kinds of Requests for Information made using Right to Information Act
Objectives of the Right to Information Act
Features of Right to Information Act
What is Public Authority?
Limitations of the Right to Information Act
Criticism of the Right to Information Act
Obstacles related to the Right to Information Act
Recent Amendments related to the Right to Information Act
Benefits of RTI
Conclusion

The Act establishes a realistic system for individuals to gain access to information controlled by public agencies, promoting openness and accountability in their operations. This applies to the Central and State Information Commissions, as well as any related topics.

Historical Background of the Right to Information Act

When the Universal Declaration of Human Rights was adopted in 1948, it affirmed everyone's freedom to seek, receive, and share information and ideas via any media and across all borders.
According to the 1966 International Covenant of Civil and Political Rights, everyone has the right to free expression, as well as the opportunity to seek and share any type of information or views.
According to Thomas Jefferson, "Information is the currency of democracy," and it is required for the establishment and evolution of a healthy civil society. The Right to Information Act of 2005 was passed by the Parliament of India to create a realistic environment in which citizens may access information as a matter of right.
A 1986 Supreme Court ruling in Kulwal v. Jaipur Municipal Corporation established that the right to information is inalienably linked to the freedom of speech and expression guaranteed by Article 19 of the Indian Constitution, as the former cannot be fully exercised without the latter.
In 1994, the grassroots organisation Mazdoor Kisan Shakti Sanghatan (MKSS) in rural Rajasthan began a Right to Information campaign, requesting information on development efforts. As a result of the growing momentum behind the campaign, the Rajasthani government approved a Right to Information law in 2000.
With the assistance of the Press Council of India, the NCPRI and other organisations presented a draft RTI bill to the Union government in 1996.
The bill draft was sent to a committee led by H.D. Shourie in 1997, and the committee issued a report. India's first state to enact a Right to Information Act was Tamil Nadu.
The RTI Act proposals of a legislative committee were released to the public in 2001.
The Freedom of Information Act was approved by Parliament in 2002 as a result of the Supreme Court's ultimatum to the government about access to information.
The President signed the Act in 2003 without providing any notice.
The RTI Bill was enacted by Parliament in 2004; it was directed to a parliamentary committee and only applied to the federal government.
October 2005 saw the enactment of the RTI Bill by Parliament.

kinds of Requests for Information made using Right to Information Act

Any information that the government can provide to the parliament can be requested by the public from the relevant government agencies.

Certain material is not covered under RTI because it may have an impact on India's integrity and sovereignty.

RTI does not apply to information on cabinet talks, intellectual property rights (IPR), international relations, or internal security.

Objectives of the Right to Information Act

The following goals guided the implementation of the RTI Act:

Permit the nation's residents to inquire about how the government is operating.
Encourage accountability and openness in the functioning of the government.
To better serve the people, eradicate corruption from the government.
Provide residents with enough information on how the government operates.

Features of Right to Information Act

The RTI Act of 2005 has a few significant sections, which are explained here. We'll go over each amenity in brief:

Important provisions under the Right to Information Act, 2005
Sections	Subject Matter
Section 1(2)	Except for the State of Jammu & Kashmir, it covers India.
Section 2	"Information" includes records, documents, memos, emails, opinions, advice, circulars, orders, logbooks, contracts, data material held in any electronic format, reports, papers, samples, models, and information about any private body that a Public Authority is permitted to access under any other law currently in effect.
Section 2(j)	"Right to Information" refers to the ability to view work, documents, and records owned or controlled by any public authority. It also includes taking notes, extracts, or certified copies of documents or records; obtaining information on diskettes, floppies, tapes, video cassettes, or any other electronic mode; and obtaining information through printouts.
Section 4	Public agencies must voluntarily release information, according to Section 4 of the RTI Act. But these revelations haven't proven enough.
Section 8 (1)	Section 8(1) of the RTI Act lists exemptions from information disclosure.
Section 8 (2)	If a greater public interest is served, Section 8(2) permits the revelation of information exempted by the Official Secrets Act of 1923.
Section 19	Two-level appeals process.
Section 20	Provides penalties for providing inaccurate, incomplete, misleading, or distorted information, as well as for failing to give information on time.
Section 23	It is forbidden for lower courts to consider lawsuits or petitions. The Supreme Court of India's and high courts' writ jurisdiction, as granted by Articles 32 and 226 of the Constitution, is unchanged, however.

Other Features of the Right to Information Act

The Act also establishes Information Commissioners at the federal and state levels. A number of government officials now have public information officers assigned to them. They have to provide information to anybody who requests it under the RTI Act.
Time frame: After receiving an application, the public organisation usually gets back to the applicant with information within 30 days.
The requested information must be provided within 48 hours if it pertains to someone's life or liberty.
Thirty or forty-eight hours will be added to the application period if it is received through the Assistant Public Information Officer or by the wrong public authority.

What is Public Authority?

Any formed or constituted authority, body, or institution of self-government is referred to as a "public authority"—

by the Constitution or other laws enacted by Parliament or state legislatures
by a notification or order issued by the relevant government, which includes any body owned, controlled, or significantly financed
by a non-governmental organisation that is significantly financed, either directly or indirectly
by money supplied by the relevant government.

Limitations of the Right to Information Act

By requesting extraneous information that is not in the public interest, the RTI can occasionally be exploited or manipulated to squander the valuable time of public authorities.
RTI may be used by some as a means of gaining notoriety through the scandalization of trivial facts.
to obtain media attention through an RTI.
Sometimes the misuse of RTI results in the public officials being just coerced and harassed.
RTI implementation in India is hampered by the size of our nation, ignorance, and illiteracy.
RTI is occasionally abused as a means of resolving complaints, despite this being the secondary goal of the RTI Act of 2005.

Criticism of the Right to Information Act

The act's primary drawback is the bureaucracy's bad record-keeping, which leads to lost files.
The information commissioners are not adequately staffed.
The Whistle Blower's Act and other supplemental legislation are weaker, which lessens the impact of the RTI law.
The act's intended proactive publication of information in the public domain by the government has the unintended consequence of increasing the volume of RTI applications.
There have been instances of pointless RTI requests and blackmailing government officials with the information they got.

Obstacles related to the Right to Information Act

Information of many kinds that may be used to circumvent the law and enrage government officials is sought, even if it is not of public interest. For example, requesting urgent and comprehensive information.
RTI is widely used to put government personnel under duress or harassment.
The RTI cannot be used as most individuals are illiterate and ignorant of their legal rights.
Even though the purpose of RTI is not to establish a grievance procedure, letters from Information Commissions frequently encourage government entities to address concerns.

Recent Amendments related to the Right to Information Act

Political parties are no longer included in the definition of public authorities and, therefore, are no longer covered by the RTI Act, according to the RTI Amendment Bill of 2013.
More attacks on the lives of whistleblowers may result from the 2017 draft clause that calls for the lawsuit to be closed in the event that the applicant passes away.
The purpose of the proposed RTI Amendment Act 2018 is to grant the Central government the authority to set the salaries and terms of office for state and central information commissioners, who are legally protected under the RTI Act. The change will reduce CIC's independence and autonomy.
The Act suggests substituting the government-mandated amount for the predetermined five-year tenure.

Benefits of RTI

Many activists see the Right to Information Act as a last release from British colonialism; they define it as "a tool for empowering ordinary citizens and changing the culture of governance by making it transparent, less corrupt, participatory, and accountable".
They also note that RTI requests provide strategy and substance for activists on a broad range of social issues, including "land and environmental rights, social security benefits, the workings of financial institutions, political party financing reform, civic infrastructure, and even public-private partnerships".

Conclusion

The Right to Information legislation was designed to achieve social justice, transparency, and a responsible government; nevertheless, several obstacles resulting from systemic failings have prevented the legislation from fulfilling its full potential. The public would lose trust in this "sunshine Act" if the misuse of the RTI Act is not effectively addressed, as noted by the Delhi High Court. It is common knowledge that improving governance requires more than just access to information. To bring about accountability in government, a great deal more work has to be done. This includes safeguarding whistleblowers, decentralising power, and combining authority with responsibility at all levels.

Frequently Asked Questions (FAQs)

1. What is the RTI Act?

The Indian Parliament passed the Right to Information Act, which lays out the guidelines for citizens' access to information.

2. What is the 2005 RTI Act?

In 2005, the Right to Information Act was passed. This law increases the transparency and accountability of the government and its employees by enabling Indian individuals to request any information that is available from a Public Authority.

3. What is Section 21 of the Right to Information Act?

No legal action may be taken against a PIO for actions taken or planned to be taken in good faith under section 21 of the Act. This affords the PIO a reasonable level of protection, and if he can demonstrate that he behaved in good faith, there won't be any consequences.

4. Can I use an RTI against an individual?

No, unless the person in question is an official or has authority within a government entity, an RTI cannot be filed against them.

5. Which rule governs RTI?

A citizen is entitled to request such information from a public authority that controls or is owned by the public authority.

6. What is the 'file noting' controversy in RTI?

The 'file noting' controversy refers to the debate over whether internal notes and deliberations of government officials should be disclosed under RTI. While initially excluded, file notings are now generally considered accessible unless they fall under specific exemptions.

7. What is the role of the First Appellate Authority in the RTI process?

The First Appellate Authority is a senior officer within the same public authority who hears appeals against the PIO's decision. They can review the PIO's decision and either uphold it or direct the disclosure of information.

8. Can RTI be used to obtain information about political parties?

Political parties are not directly covered under the RTI Act. However, information about political parties that is available with public authorities (such as the Election Commission) can be obtained through RTI.

9. Can RTI be used to seek information about the armed forces?

While the armed forces are covered under RTI, information that could compromise national security, strategic interests, or operational matters is exempt from disclosure. Administrative and other non-sensitive information can generally be obtained.

10. What is the concept of 'severability' in RTI?

Severability allows partial disclosure of information when a record contains both disclosable and exempt information. The exempt portions can be severed or redacted, and the remaining information can be provided to the applicant.

11. Who can file an RTI application?

Any citizen of India can file an RTI application. There are no restrictions based on age, gender, or socioeconomic status. Even minors can file RTI applications.

12. What is the time limit for receiving information under RTI?

The PIO must provide the requested information within 30 days of receiving the application. In cases involving a person's life or liberty, the information must be provided within 48 hours.

13. What is the concept of 'suo motu disclosure' under RTI?

Suo motu disclosure refers to the proactive publication of information by public authorities without waiting for specific RTI requests. Section 4 of the RTI Act mandates public authorities to voluntarily disclose certain categories of information.

14. What is the significance of the 48-hour rule in RTI?

The 48-hour rule mandates that information must be provided within 48 hours if it concerns the life or liberty of a person. This provision ensures quick access to critical information in urgent situations.

15. How does one file an RTI application?

An RTI application can be filed in writing or electronically, addressed to the Public Information Officer (PIO) of the relevant public authority. It should clearly state the information being sought and include the applicant's contact details.

16. Are there any exemptions to the information that can be obtained under RTI?

Yes, there are exemptions. Information that could harm national security, breach parliamentary privilege, violate copyright, or infringe on an individual's privacy is generally exempt. However, these exemptions are subject to a public interest test.

17. Can RTI be used to obtain information about other individuals?

Generally, personal information about other individuals is exempt from disclosure under RTI to protect privacy. However, if there is a larger public interest involved, such information may be disclosed after following due process.

18. Can RTI be used to question the decisions of public authorities?

Yes, RTI can be used to seek information about the decision-making process of public authorities. However, it cannot be used to ask authorities to explain their decisions or actions. RTI is about accessing existing information, not creating new information.

19. Can RTI be used to obtain information about ongoing legal proceedings?

Generally, information about ongoing legal proceedings can be obtained through RTI unless the court has specifically prohibited its disclosure or if it falls under any of the exemptions specified in the Act.

20. Can RTI be used to access information from the private sector?

RTI cannot be directly used to access information from private sector entities. However, if a private entity is substantially financed by the government or if the information is held by a public authority, it may be accessible through RTI.

21. What is the significance of Section 8(2) of the RTI Act?

Section 8(2) of the RTI Act allows for the disclosure of information that would otherwise be exempt if public interest in disclosure outweighs the harm to the protected interests. This provision emphasizes the Act's commitment to transparency.

22. What is the role of NGOs in promoting RTI awareness?

NGOs play a crucial role in promoting RTI awareness by conducting workshops, assisting citizens in filing RTI applications, and advocating for stronger implementation of the Act. They also often use RTI to uncover information in public interest.

23. Can RTI be used to obtain information about foreign funding received by NGOs?

Yes, information about foreign funding received by NGOs can be obtained through RTI from the Ministry of Home Affairs, which maintains records under the Foreign Contribution (Regulation) Act (FCRA).

24. Can RTI be used to obtain information about the selection process for government jobs?

Yes, RTI can be used to obtain information about the selection process for government jobs, including details about vacancies, selection criteria, and results. However, personal information of other candidates is generally exempt from disclosure.

25. Can RTI be used to obtain information about public-private partnerships (PPPs)?

Information about public-private partnerships can be obtained through RTI to the extent that it is available with the public authority involved in the partnership. However, information directly held by the private partner may not be accessible unless specified in the partnership agreement.

26. Can RTI applications be filed anonymously?

No, RTI applications cannot be filed anonymously. The applicant must provide their name and contact details. However, the applicant's identity is not supposed to be disclosed to third parties during the RTI process.

27. Is there a limit to the number of RTI applications a person can file?

No, there is no limit to the number of RTI applications a person can file. However, multiple applications seeking the same information may be rejected to prevent misuse of the Act.

28. What is the 'public interest test' in RTI?

The public interest test is a principle used to determine whether information that is otherwise exempt should be disclosed. If the public interest in disclosure outweighs the harm to the protected interest, the information may be released.

29. Can RTI be used to seek information from the judiciary?

Yes, RTI can be used to seek administrative information from the judiciary. However, information related to judicial functions and decision-making processes of judges is generally exempt from disclosure.

30. What is the role of State Information Commissions?

State Information Commissions oversee the implementation of RTI at the state level. They hear second appeals, issue guidelines, and have the power to impose penalties on officials who violate RTI provisions within their respective states.

31. What can an applicant do if they don't receive a response or are unsatisfied with the response?

If an applicant doesn't receive a response within 30 days or is unsatisfied with the response, they can file a first appeal with the First Appellate Authority within the same public authority. If still unsatisfied, they can file a second appeal with the Central or State Information Commission.

32. Can private entities be covered under the RTI Act?

Private entities are not directly covered under the RTI Act. However, information about private entities can be obtained if it is available with public authorities or if the private entity is substantially financed by the government.

33. What happens if a PIO refuses to provide information without valid reasons?

If a PIO refuses to provide information without valid reasons, they can be penalized. The Information Commission can impose a fine of up to ₹25,000 on the PIO, which must be paid from their personal funds.

34. Is there a fee for filing an RTI application?

Yes, there is a nominal fee for filing an RTI application. The fee is ₹10 for central government departments. State governments may set different fees. Below Poverty Line (BPL) applicants are exempt from paying the fee.

35. What is the role of the Central Information Commission (CIC)?

The Central Information Commission is the apex body for RTI implementation at the national level. It hears second appeals, issues guidelines for RTI implementation, and has the power to impose penalties on erring officials.

36. Can RTI be used to obtain information from public sector banks?

Yes, public sector banks are considered public authorities under the RTI Act. Information related to their functioning, policies, and non-personal banking transactions can be obtained through RTI, subject to certain exemptions.

37. Can RTI be used to obtain information from autonomous bodies?

Yes, autonomous bodies that are established, constituted, owned, controlled, or substantially financed by the government are considered public authorities under RTI and are subject to information disclosure.

38. Can RTI be used to obtain information from regulatory bodies?

Yes, regulatory bodies like SEBI, RBI, TRAI, etc., are considered public authorities under the RTI Act. Information about their functioning, policies, and decisions can be obtained through RTI, subject to certain exemptions.

39. What is a Public Information Officer (PIO)?

A Public Information Officer is an official designated by each public authority to handle RTI applications. The PIO is responsible for receiving applications, processing them, and providing the requested information within the stipulated time frame.

40. What is the concept of 'deemed PIO' under RTI?

A 'deemed PIO' is an official who, though not designated as a PIO, receives an RTI application or is responsible for providing information to the PIO. They have the same responsibilities and liabilities as a designated PIO for that particular application.

41. What is the Right to Information Act?

The Right to Information Act (RTI) is a law enacted in India in 2005 that allows citizens to request information from public authorities. It aims to promote transparency and accountability in government functioning by giving people the right to access information held by public bodies.

42. What is the concept of 'proactive disclosure' under RTI?

Proactive disclosure refers to the voluntary publication of information by public authorities without waiting for specific RTI requests. Section 4(1)(b) of the RTI Act mandates 17 categories of information that must be proactively disclosed and regularly updated.

43. What is the significance of the RTI Act in promoting good governance?

The RTI Act promotes good governance by enhancing transparency, accountability, and citizen participation in governance. It allows citizens to monitor government activities, expose corruption, and participate more effectively in the democratic process.

44. What is the role of the Department of Personnel and Training (DoPT) in RTI implementation?

The Department of Personnel and Training (DoPT) is the nodal agency for RTI implementation in India. It issues guidelines, conducts training programs, and coordinates with various public authorities to ensure effective implementation of the Act.

45. What types of information can be obtained through RTI?

Almost all information held by public authorities can be obtained through RTI, including documents, records, emails, opinions, advices, circulars, orders, logbooks, contracts, reports, papers, samples, models, and electronic data.

46. Can RTI be used to obtain certified copies of documents?

Yes, RTI can be used to obtain certified copies of documents held by public authorities. However, additional charges may apply for providing copies, as specified in the RTI rules.

47. Can RTI be used to obtain information about government tenders and contracts?

Yes, RTI can be used to obtain information about government tenders and contracts, including details of the bidding process, selection criteria, and awarded contracts, unless such disclosure would harm commercial interests or fair competition.

48. What is the 'third party information' clause in RTI?

The 'third party information' clause relates to information that concerns or has been provided by a third party. Before disclosing such information, the PIO must give notice to the third party and consider their objections, if any.

49. Can RTI be used to obtain information about ongoing policy formulation?

Information about ongoing policy formulation can be obtained through RTI unless it falls under the exemption of cabinet papers. However, once the decision is made and the matter is complete, such information becomes accessible.

50. What is the concept of 'vexatious' or 'frivolous' RTI applications?

Vexatious' or 'frivolous' RTI applications refer to requests that are made with the intention to harass or obstruct the functioning of public authorities. While the Act doesn't explicitly define these terms, authorities may reject such applications with proper justification.

51. What is the concept of 'speaking orders' in the context of RTI?

Speaking orders' in RTI refer to the requirement that PIOs and appellate authorities must provide detailed, reasoned decisions when rejecting RTI applications or appeals. This ensures transparency and allows for proper scrutiny of the decision-making process.

52. Can RTI be used to obtain information about the expenditure of MP/MLA local area development funds?

Yes, RTI can be used to obtain information about the expenditure of MP/MLA local area development funds. This information is typically available with the district administration or the concerned department overseeing the fund utilization.

53. Can RTI be used to obtain information about environmental clearances for projects?

Yes, RTI can be used to obtain information about environmental clearances for projects. This information is typically available with the Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority.

54. What is the concept of 'deemed refusal' in RTI?

Deemed refusal' occurs when a PIO fails to provide the requested information within the stipulated time frame (usually 30 days). In such cases, the applicant can file an appeal as if the information has been refused.

55. Can RTI be used to obtain information about the assets and liabilities of public servants?

Information about the assets and liabilities of public servants can be obtained through RTI if it is available with the public authority. However, disclosure may be subject to the public interest test and privacy considerations.