RTI Reporter Law reports on the Right to Information Act, 2005

Coverage

Three forums, one statute. A decision is reported for what it decides about the Act, whichever forum delivered it.

Forums

Courts and commission reported

Art. 136

Supreme Court of India

The final word on the Act's meaning. Reported in full: judgments on the definition of information and of public authority, on the scope of the exemptions in section 8, and on the right to know as part of the freedom of speech and expression under Article 19(1)(a).

Cited as [Year] Vol RTI Page (SC)

Art. 226

High Courts

Most disputes under the Act reach a court as a writ petition against an order of an Information Commission. Reported: judgments of single judges and Division Benches on those petitions, and on the appeals within the High Court that follow.

Cited as [Year] Vol RTI Page (Del)

s. 19(3)

Central Information Commission

The second appellate authority for central public authorities, and the forum for complaints under section 18. Reported: decisions that settle a question of law or practice, including orders imposing penalties under section 20.

Cited as [Year] Vol RTI Page (CIC)

Index

Indexed by section of the Act

The subject index follows the order of the Act. These are the provisions on which most reported decisions turn.

s. 2

Definitions

What counts as information, a record, and a public authority, including bodies substantially financed by the government.

s. 4

Proactive disclosure

The duty to publish information without being asked, and what follows when it is not met.

ss. 6–7

Requests and time limits

Form of a request, transfer between authorities, fees, the thirty-day limit and the forty-eight-hour limit where life or liberty is at stake.

ss. 8–9

Exemptions

Each ground for refusal, from security and commercial confidence to fiduciary relationships and personal information, and the public interest that can override them.

s. 10

Severability

Disclosure of the part of a record that is not exempt.

s. 11

Third-party information

Notice to the third party, their representations, and how the PIO must decide.

ss. 18–19

Complaints and appeals

First appeals, second appeals to the Commission, and the Commission's powers when deciding them.

s. 20

Penalties

When a Public Information Officer is liable, the standard of reasonable cause, and the procedure before a penalty is imposed.

s. 24

Exempted organisations

Intelligence and security organisations outside the Act, and the exception for allegations of corruption and human rights violations.

Format

What the website does not do

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