Right To Information Act , 2005 | One Liner Notes |

RIGHT TO INFORMATION ACT, 2005

What is the main objective of the Right to Information Act, 2005?	To set out a practical regime of right to information for citizens to secure access to information under the control of public authorities.
Which values does the RTI Act, 2005 aim to promote in public authorities?	Transparency and accountability.
Access to information under the RTI Act is provided to whom?	Citizens.
The RTI Act provides for the constitution of which authorities?	The Central Information Commission and State Information Commissions.
Which form of government is established by the Constitution of India as stated in the Preamble of the RTI Act?	Democratic Republic.
Why is an informed citizenry considered essential in a democracy according to the RTI Act?	Because it is vital for democratic functioning, containing corruption, and holding governments accountable.
Transparency of information helps in controlling which issue mentioned in the Preamble?	Corruption.
Transparency and access to information help in holding whom accountable?	Governments and their instrumentalities.
Disclosure of information may conflict with which public interests?	Efficient operations of government, optimum use of limited fiscal resources, and preservation of confidentiality of sensitive information.
What is required to balance disclosure of information and other public interests?	Harmonisation of conflicting interests.
While harmonising conflicting interests, which ideal must be preserved?	The paramountcy of the democratic ideal.
Why was it considered expedient to enact the RTI Act?	To provide for furnishing certain information to citizens who desire to have it.
On which date did the Right to Information Act, 2005 receive assent?	15th June, 2005.
In which year of the Republic of India was the RTI Act enacted?	Fifty-sixth year.
The RTI Act is connected with which broader constitutional principle?	Democratic governance through informed citizens.

CHAPTER I
PRELIMINARY
What is the short title of the Act?	The Right to Information Act, 2005.
Which section of the RTI Act deals with short title, extent and commencement?	Section 1.
To which territorial extent does the RTI Act apply?	To the whole of India.
Which provisions of the RTI Act came into force at once?	Section 4(1), Sections 5(1) and 5(2), and Sections 12, 13, 15, 16, 24, 27, and 28.
When did the remaining provisions of the RTI Act come into force?	On the one hundred and twentieth day of its enactment.
Under which subsection is the short title of the Act mentioned?	Sub-section (1) of Section 1.
Which provision deals with the term “definitions”?	Section 2
What does “appropriate Government” mean under the RTI Act and which provision deals with?	Defined under section 2(a), “Appropriate Government” means the Central Government in relation to public authorities established, owned, controlled or substantially financed by the Central Government or Union Territory administration, and the State Government in relation to those financed by the State Government.
What is the Central Information Commission and which provision deals with?	Defined under section 2(b), the Central Information Commission is the body constituted under Section 12(1) of the RTI Act.
Who is a Central Public Information Officer (CPIO) and which provision deals with?	Defined under section 2(c), A Central Public Information Officer is an officer designated under Section 5(1) and includes a Central Assistant Public Information Officer designated under Section 5(2).
Who are the Chief Information Commissioner and Information Commissioners and which provision deals with?	Defined under section 2(d), they are the Chief Information Commissioner and Information Commissioners appointed under Section 12(3) of the RTI Act.
Who is the “competent authority” under the RTI Act and which provision deals with?	Defined under Section 2(e), The competent authority includes the Speaker or Chairman of Legislatures, the Chief Justice of India, the Chief Justice of a High Court, the President or Governor for constitutional authorities, and the Administrator under Article 239 of the Constitution.
What is meant by “information” under the RTI Act and which provision deals with?	Defined under section 2 (f), Information means any material in any form, including records, documents, emails, opinions, advices, circulars, orders, data held electronically, and information relating to a private body accessible by a public authority under any law.
What does the term “prescribed” mean under the RTI Act and which provision deals with?	Defined under section 2(g), “Prescribed” means prescribed by rules made under the Act by the appropriate Government or the competent authority.
What is a “public authority” under the RTI Act and which provision deals with?	Section 2(h), A public authority is any authority or institution established by or under the Constitution, by laws made by Parliament or State Legislature, or by government notification, including bodies owned, controlled, or substantially financed by the government.
Do NGOs fall under the definition of public authority?	Yes, non-government organisations substantially financed directly or indirectly by the appropriate Government are included as public authorities.
What does “record” include under the RTI Act and which provision deals with?	Defined section 2(i), Record includes documents, files, microfilms, facsimile copies, reproduced images, and any material produced by a computer or electronic device.
What is the meaning of “right to information” and which provision deals with?	Defined under section 2(j), The right to information means the right to access information held by or under the control of a public authority, including inspection, obtaining copies, samples, and electronic information.
What is “the State Information Commission” and which provision deals with?	Defined under section 2(k), The State Information Commission is the body constituted under Section 15(1) of the RTI Act.
Who are “the State Chief Information Commissioner and State Information Commissioners” and which provision deals with?	Defined under section 2(l), they are the officers appointed under Section 15(3) of the RTI Act.
Who is a “State Public Information Officer (SPIO)” and which provision deals with?	Defined under 2(m), A State Public Information Officer is an officer designated under Section 5(1) and includes a State Assistant Public Information Officer under Section 5(2).
Who is a “third party” under the RTI Act and which provision deals with?	Defined under section 2(n), A third party means any person other than the citizen making the RTI request and includes a public authority.

CHAPTER II
RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
Which provision deals with “right to information”?	Section 3
What is the right to information under the RTI Act, 2005?	Subject to the provisions of the RTI Act, 2005, all citizens shall have the right to information.
Which provisions deals with “obligations of public authorities”?	Section 4
What are the general obligations of public authorities under Section 4(1) of the RTI Act, 2005?	Every public authority shall maintain its records duly catalogued and indexed, facilitate computerisation of records, and proactively publish information to promote the right to information under the Act.
What is the obligation of public authorities regarding maintenance and computerisation of records?	Public authorities must maintain records in a manner facilitating access to information and ensure that appropriate records are computerised and connected through a nationwide network, subject to availability of resources.
Within what time period must public authorities publish information under Section 4(1)(b)?	Public authorities must publish the prescribed information within one hundred and twenty days from the enactment of the RTI Act, 2005.
What information relating to organisation and functions must be published under Section 4(1)(b)(i)?	Public authorities must publish particulars of their organisation, functions, and duties.
What information regarding powers and duties must be disclosed under the RTI Act?	Public authorities must publish the powers and duties of their officers and employees.
What procedural information must be disclosed under Section 4(1)(b)(iii)?	Public authorities must disclose the procedure followed in the decision-making process, including channels of supervision and accountability.
What norms and rules must be published under Section 4(1)(b)?	Public authorities must publish norms for discharge of functions, applicable rules, regulations, instructions, manuals, and records used by employees.
What disclosure is required regarding documents held by public authorities?	Public authorities must publish a statement of categories of documents held by or under their control.
What information regarding public consultation must be disclosed?	Public authorities must publish particulars of arrangements for consultation with or representation by the public in policy formulation or implementation.
What information must be disclosed regarding boards, councils, and committees?	Public authorities must disclose details of boards, councils, committees, whether their meetings are open to the public, and whether minutes are accessible.
What employment-related information must be published under Section 4?	Public authorities must publish a directory of officers and employees and the monthly remuneration received by each, including the compensation system.
What budgetary information must be disclosed by public authorities?	Public authorities must publish details of budgets allocated, proposed expenditures, and reports on disbursements.
What information regarding subsidies must be published?	Public authorities must disclose the manner of execution of subsidy programmes, amounts allocated, and details of beneficiaries.
What disclosure is required regarding concessions and authorisations?	Public authorities must publish particulars of recipients of concessions, permits, or authorisations granted by them.
What electronic information disclosure is mandated under the RTI Act?	Public authorities must publish details of information available or held in electronic form.
What facilities-related information must be disclosed to citizens?	Public authorities must disclose facilities available for obtaining information, including working hours of libraries or reading rooms.
What information regarding Public Information Officers must be published?	Public authorities must publish the names, designations, and other particulars of Public Information Officers.
How often must information published under Section 4 be updated?	The information must be updated every year.
What obligation exists while formulating policies under Section 4(1)(c)?	Public authorities must publish all relevant facts while formulating important policies or announcing decisions affecting the public.
What obligation exists regarding administrative or quasi-judicial decisions?	Public authorities must provide reasons for administrative or quasi-judicial decisions to affected persons.
What is the objective of Section 4(2) of the RTI Act?	To ensure that public authorities proactively provide information suomotu at regular intervals so that citizens need minimum resort to filing RTI applications.
How must information be disseminated under Section 4(3)?	Information must be disseminated widely in an easily accessible form and manner.
What factors must be considered while disseminating information under Section 4(4)?	Cost effectiveness, local language, effective communication methods, and accessibility, preferably in electronic form.
What does the term “disseminated” mean under the RTI Act?	Disseminated means making information known to the public through notice boards, newspapers, public announcements, media broadcasts, the internet, or inspection of public authority offices.
Which provision deals with “Designation of Public Information Officers”?	section 5
What is the obligation of public authorities under Section 5(1) of the RTI Act, 2005?	Every public authority shall, within one hundred days of the enactment of the Act, designate as many Central Public Information Officers or State Public Information Officers as necessary in all administrative units or offices to provide information to persons requesting it.
Within what time period must Public Information Officers be designated under the RTI Act?	within one hundred days of the enactment of the RTI Act, 2005.
Who are designated under Section 5(1) of the RTI Act?	Central Public Information Officers or State Public Information Officers, as the case may be, are designated by public authorities.
What is the purpose of designating Public Information Officers under the RTI Act?	The purpose is to provide information to persons requesting information under the Act.
What additional designation is required under Section 5(2) of the RTI Act?	Every public authority shall designate a Central Assistant Public Information Officer or State Assistant Public Information Officer at each sub-divisional or sub-district level.
What are the functions of Central or State Assistant Public Information Officers?	They receive applications for information or appeals under the Act and forward them forthwith to the appropriate Public Information Officer or appellate authority.
To whom can applications or appeals received by Assistant Public Information Officers be forwarded?	The Central or State Public Information Officer, senior officer under Section 19(1), or the Central or State Information Commission, as applicable.
What is the effect of submitting an application to an Assistant Public Information Officer?	A period of five days shall be added while computing the time limit for response under Section 7(1).
What duty is imposed on Public Information Officers under Section 5(3)?	Public Information Officers shall deal with requests for information and render reasonable assistance to persons seeking information.
Can a Public Information Officer seek assistance from other officers?	Yes, under Section 5(4), a Public Information Officer may seek assistance from any other officer for proper discharge of duties.
Is an officer bound to assist the Public Information Officer when assistance is sought?	Yes, any officer whose assistance is sought shall render all assistance required.
What is the legal status of an officer whose assistance is sought under Section 5(5)?	For the purpose of contravention of the Act, such officer shall be treated as a Central or State Public Information Officer, as the case may be.
Why is Section 5 important in the RTI framework?	Section 5 establishes the administrative machinery for receiving, processing, and responding to RTI applications effectively.
Which provision deals with “Request for obtaining information”?	section 6
Who can seek information under Section 6 of the RTI Act, 2005?	Any person who desires to obtain information under the Act may seek such information.
In what form can a request for information be made under Section 6(1)?	A request may be made in writing or through electronic means.
In which languages can an RTI application be submitted?	An RTI application may be submitted in English, Hindi, or the official language of the area where the application is made.
To whom should a request for information be addressed under the RTI Act?	The request should be addressed to the Central Public Information Officer or State Public Information Officer of the concerned public authority, or to the Central or State Assistant Public Information Officer.
Is payment of a fee required while making an RTI request?	Yes, the request must be accompanied by such fee as may be prescribed.
What must be specified in an RTI application?	The applicant must specify the particulars of the information sought.
What assistance is provided if a person cannot make a request in writing?	The Central or State Public Information Officer shall render reasonable assistance to reduce the oral request into writing.
Is an applicant required to give reasons for requesting information?	No, the applicant is not required to give any reason for requesting the information.
What personal details can be demanded from an RTI applicant?	Only such personal details as are necessary for contacting the applicant may be required.
What should a public authority do if the requested information is held by another public authority?	The public authority shall transfer the application or relevant part to the concerned public authority.
When should an RTI application be transferred under Section 6(3)?	The application should be transferred as soon as practicable and in any case within five days from the date of receipt.
Is the applicant required to be informed about the transfer of an RTI application?	Yes, the applicant must be informed immediately about the transfer.
Under what circumstances can an RTI application be transferred?	When the information is held by another public authority or the subject matter is more closely connected with the functions of another public authority.
What is the objective of Section 6 of the RTI Act?	Section 6 provides the procedure for citizens to request information from public authorities.
What does the section 7 deals with?	Disposal of request.
Within what time must information be provided under Section 7(1) of the RTI Act?	The Central Public Information Officer or State Public Information Officer must provide the information as expeditiously as possible and in any case within thirty days from the receipt of the request.
What options are available to the Public Information Officer upon receiving a request under Section 6?	The officer may either provide the information on payment of prescribed fees or reject the request for reasons specified under Sections 8 and 9.
What is the time limit for providing information where the request concerns life or liberty of a person?	Information concerning the life or liberty of a person must be provided within forty-eight hours of receipt of the request.
What is the consequence if no decision is taken within the prescribed time under Section 7(1)?	The Public Information Officer shall be deemed to have refused the request.
What must the Public Information Officer do if additional fees are required to provide information?	The officer must send an intimation to the applicant detailing the amount of additional fees, the calculation method, and request payment of such fees.
Is the period between fee intimation and payment included in the thirty-day limit?	No, the period between dispatch of fee intimation and payment of fees is excluded while calculating the thirty-day period.
What additional information must be given while intimating additional fees?	The applicant must be informed about the right to review the fee amount or the form of access, along with details of the appellate authority, time limit, and procedure.
What duty does the Public Information Officer have towards sensorily disabled persons?	The officer must provide reasonable assistance to enable access to information, including assistance during inspection of records.
Is payment of fee mandatory for providing information in printed or electronic form?	Yes, the applicant shall pay the prescribed fee, subject to the provisions of sub-section (6).
Who is exempted from payment of fees under the RTI Act?	Persons below the poverty line are exempted from payment of any fees.
When must information be provided free of charge under Section 7(6)?	Information must be provided free of charge where the public authority fails to comply with the time limits specified under sub-section (1).
What must be considered before deciding a request involving third party information?	The Public Information Officer must consider the representation made by the third party under Section 11.
What information must be communicated when a request is rejected?	The reasons for rejection, the time limit for filing an appeal, and particulars of the appellate authority must be communicated.
In what form should information ordinarily be provided?	Information should ordinarily be provided in the form in which it is sought.
When can information be provided in a different form than requested?	When providing information in the requested form would disproportionately divert resources or harm the safety or preservation of the record.
What is the object of Section 7 of the RTI Act?	Section 7 lays down the procedure, time limits, fees, and consequences relating to disposal of RTI requests.
Which provision deals with “Exemption from disclosure of information”?	section 8
What is the purpose of Section 8 of the RTI Act, 2005?	Section 8 specifies the categories of information which are exempt from disclosure under the Right to Information Act.
Does Section 8 override the general right to information under the Act?	Yes, Section 8 begins with a non obstante clause and overrides the general right to information.
Which information is exempt if it affects sovereignty and security of India?	Information whose disclosure would prejudicially affect the sovereignty and integrity of India, security, strategic, scientific or economic interests of the State, relations with foreign States, or lead to incitement of an offence.
What information is exempt if prohibited by courts?	Information expressly forbidden to be published by any court or tribunal or whose disclosure may constitute contempt of court.
Which information relating to legislative privilege is exempt?	Information whose disclosure would cause a breach of privilege of Parliament or State Legislature.
Are commercial secrets exempt from disclosure?	Yes, information including commercial confidence, trade secrets or intellectual property is exempt if disclosure harms the competitive position of a third party, unless larger public interest warrants disclosure.
What is meant by fiduciary relationship under Section 8?	Information available to a person in a fiduciary relationship is exempt unless larger public interest justifies disclosure.
Is information received from a foreign government exempt?	Yes, information received in confidence from a foreign government is exempt from disclosure.
Which information is exempt to protect life and safety?	Information whose disclosure would endanger the life or physical safety of any person or reveal confidential sources for law enforcement or security purposes.
Can information be denied if it affects investigation or prosecution?	Yes, information which would impede the process of investigation, apprehension or prosecution of offenders is exempt.
Are cabinet papers exempt under the RTI Act?	Yes, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers are exempt.
When can cabinet decisions be disclosed?	Cabinet decisions, reasons and material may be disclosed after the decision is taken and the matter is complete, subject to exemptions under Section 8.
Is personal information exempt from disclosure?	Yes, personal information is exempt from disclosure under clause (j) of Section 8(1).
Can exempt information still be disclosed in public interest?	Yes, under Section 8(2), information may be disclosed if public interest outweighs the harm to protected interests.
Does the Official Secrets Act override the RTI Act?	No, Section 8(2) allows disclosure notwithstanding the Official Secrets Act, 1923.
Is information older than twenty years exempt?	Generally no, information relating to events that occurred more than twenty years ago must be disclosed, subject to certain exceptions.
Which exemptions continue even after twenty years?	Exemptions under clauses (a), (c) and (i) of Section 8(1) continue even after twenty years.
Who decides disputes regarding calculation of the twenty-year period?	The Central Government’s decision shall be final, subject to appeals under the Act.
What is the underlying principle of Section 8?	To balance transparency with protection of national interest, privacy, security and effective governance.
Which provision deals with “Grounds for rejection to access in certain cases”?	Section 9
What is the scope of Section 9 of the RTI Act, 2005?	Section 9 provides an additional ground for rejection of a request for information relating to infringement of copyright.
Does Section 9 operate independently of Section 8?	No, Section 9 operates without prejudice to the provisions of Section 8.
Who is empowered to reject a request under Section 9?	The Central Public Information Officer or the State Public Information Officer.
On what ground can access to information be rejected under Section 9?	When providing access to information would involve infringement of copyright subsisting in a person other than the State.
Can information protected by State-owned copyright be disclosed?	Yes, Section 9 applies only where copyright subsists in a person other than the State.
Does Section 9 amount to a complete exemption from disclosure?	No, it is a limited ground for rejection and does not bar inspection or access in all cases.
What is the rationale behind Section 9?	To protect private copyright holders from unauthorized disclosure of copyrighted material.
Is Section 9 subject to public interest override?	No express public interest override is provided under Section 9.
Can factual information contained in copyrighted material be disclosed?	Yes, if disclosure does not amount to infringement of copyright.
What is the distinction between Section 8 and Section 9?	Section 8 provides substantive exemptions, while Section 9 provides a procedural ground for rejection relating to copyright.
Does rejection under Section 9 require communication to the applicant?	Yes, reasons for rejection and appeal details must be communicated as per Section 7(8).
Can an applicant appeal against rejection under Section 9?	Yes, rejection under Section 9 is appealable under the RTI Act.
What is the nature of restriction under Section 9?	It is a narrow and specific restriction aimed at preventing copyright infringement.
Which provision deals with “Severability”?	section 10
What is the object of Section 10 of the RTI Act, 2005?	To ensure maximum disclosure by allowing access to non-exempt information through severance of exempt portions.
What is meant by severability under the RTI Act?	Severability means separating and disclosing the non-exempt part of a record while withholding the exempt part.
When is Section 10 applicable?	When a request for information is rejected wholly or partly on the ground that some information is exempt from disclosure.
Can partial information be disclosed even if part of it is exempt?	Yes, access may be provided to the non-exempt part which can reasonably be severed.
Who decides whether information can be severed?	The Central Public Information Officer or the State Public Information Officer.
Is severability mandatory or discretionary?	It is mandatory where non-exempt information can reasonably be severed.
What must the PIO communicate when partial disclosure is made?	The PIO must inform the applicant that partial disclosure is made after severance.
What reasons must be provided in the severance notice?	Reasons for the decision, including findings on material questions of fact and the material relied upon.
What identification details must be disclosed by the PIO?	The name and designation of the person giving the decision.
Is the PIO required to inform about fees while granting partial access?	Yes, details of fees calculated and payable must be communicated.
Are appeal rights available against partial disclosure?	Yes, the applicant must be informed of the right to review or appeal under Section 19.
Which authorities are mentioned for appeal under Section 10(2)?	The senior officer under Section 19(1), the Central Information Commission or the State Information Commission.
Does Section 10 override other provisions of the Act?	Yes, it operates notwithstanding anything contained in the Act to promote disclosure.
What is the principle underlying Section 10?	Disclosure is the rule and exemption is the exception.
Can severability apply to electronic records?	Yes, severability applies to all records, including electronic records.
Is severability linked to Section 8 exemptions?	Yes, it applies where exemptions under Section 8 are invoked.
Which provision deals with “Third party information”?	section 11
What is third party information under the RTI Act?	Information which relates to or has been supplied by a third party and is treated as confidential by that third party.
When is Section 11 procedure applicable?	When the CPIO/SPIO intends to disclose confidential information relating to or supplied by a third party.
Within how many days must notice be given to the third party?	Within 5 days from receipt of the RTI request.
Who issues notice to the third party under Section 11?	The Central Public Information Officer or State Public Information Officer.
What must the notice to the third party contain?	Details of the RTI request and intention to disclose the information.
What opportunity is given to the third party after notice?	An opportunity to make written or oral submissions against disclosure.
Within how many days can the third party make representation?	Within 10 days from receipt of the notice.
Is the PIO bound by the third party’s objection?	No, but the submission must be kept in view while deciding disclosure.
What is the maximum time limit for decision when Section 11 applies?	40 days from receipt of the RTI application.
Which section’s time limit is overridden by Section 11?	Section 7 of the RTI Act.
Can third party information be disclosed in public interest?	Yes, if public interest outweighs the harm to the third party.
Which information is generally protected from disclosure under Section 11?	Trade or commercial secrets protected by law.
Who must be informed about the final decision?	The concerned third party.
What must the decision notice include?	Information about the right to appeal under Section 19.
Under which section can a third party file an appeal?	Section 19 of the RTI Act.
Does “third party” include a public authority?	Yes, third party includes a public authority.


CHAPTER III
THE CENTRAL INFORMATION COMMISSION
Which section of the RTI Act provides for the constitution of the Central Information Commission?	Section 12
Who constitutes the Central Information Commission?	The Central Government by notification in the Official Gazette.
What is the purpose of the Central Information Commission?	To exercise powers and perform functions assigned under the RTI Act.
What is the composition of the Central Information Commission?	The Chief Information Commissioner and up to ten Central Information Commissioners.
What is the maximum number of Central Information Commissioners?	Ten.
Who appoints the Chief Information Commissioner and Information Commissioners?	The President of India.
On whose recommendation are the CIC and ICs appointed?	On the recommendation of a selection committee.
What is the composition of the selection committee under Section 12?	The Prime Minister, the Leader of Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
Who acts as the Chairperson of the selection committee?	The Prime Minister.
Who is deemed to be the Leader of Opposition if none is recognised?	The leader of the single largest opposition group in the Lok Sabha.
Who has administrative control over the Central Information Commission?	The Chief Information Commissioner.
What powers does the Chief Information Commissioner exercise?	General superintendence, direction, and management of the Commission.
Is the Central Information Commission subject to directions of any authority?	No, it functions autonomously under the Act.
What qualifications are required for appointment as CIC or IC?	Eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media, or governance.
Can a Member of Parliament be appointed as CIC or IC?	No.
Can a CIC or IC hold any office of profit?	No, they cannot hold any office of profit.
Are political affiliations allowed for CIC or IC?	No, they must not be connected with any political party.
Where is the headquarters of the Central Information Commission located?	Delhi.
Can the Central Information Commission establish offices elsewhere?	Yes, with prior approval of the Central Government.
Which section of the RTI Act deals with the term of office and conditions of service of CIC and ICs?	Section 13
What is the term of office of the Chief Information Commissioner?	Such term as may be prescribed by the Central Government.
Is the Chief Information Commissioner eligible for reappointment?	No
What is the maximum age limit for the Chief Information Commissioner?	Sixty-five years.
What is the term of office of an Information Commissioner?	Such term as may be prescribed by the Central Government or till the age of sixty-five years, whichever is earlier.
Is an Information Commissioner eligible for reappointment as Information Commissioner?	No
Can an Information Commissioner be appointed as the Chief Information Commissioner?	Yes
What is the maximum aggregate tenure if an IC becomes CIC?	The total tenure shall not exceed five years as IC and CIC taken together.
What formal requirement must be fulfilled before assuming office as CIC or IC?	Making and subscribing an oath or affirmation before the President or a person appointed by him.
Where is the form of oath or affirmation prescribed?	In the First Schedule of the RTI Act.
How can the CIC or an IC resign from office?	By writing under his hand addressed to the President.
Can the CIC or IC be removed from office?	Yes, in the manner specified under Section 14 of the RTI Act.
Who prescribes the salaries and allowances of the CIC and ICs?	The Central Government.
Can the conditions of service be changed after appointment?	No, they cannot be varied to the disadvantage of the CIC or IC after appointment.
Which amendment governs the present service conditions of CIC and ICs?	The Right to Information (Amendment) Act, 2019.
Which CICs and ICs are not affected by the 2019 Amendment?	Those appointed before the commencement of the RTI (Amendment) Act, 2019.
Which section of the RTI Act deals with removal of the Chief Information Commissioner and Information Commissioners?	Section 14
Who has the power to remove the Chief Information Commissioner or an Information Commissioner?	The President of India.
On what grounds can the CIC or an IC be removed under the general procedure?	Proved misbehaviour or incapacity.
Which authority conducts the inquiry into misbehaviour or incapacity?	The Supreme Court of India.
Who makes the reference to the Supreme Court for inquiry?	The President of India.
When can removal take place after Supreme Court inquiry?	When the Supreme Court reports that the CIC or IC ought to be removed.
Can the President suspend the CIC or IC during inquiry?	Yes, the President may suspend and prohibit attendance during inquiry.
Under which circumstances can the President remove the CIC or IC without Supreme Court inquiry?	Under the grounds specified in Section 14(3).
What is one ground for direct removal related to financial status?	If the CIC or IC is adjudged an insolvent.
Can conviction for moral turpitude lead to removal?	Yes, if convicted of an offence involving moral turpitude.
Is engaging in paid employment during tenure a ground for removal?	Yes, engaging in paid employment outside official duties is a ground for removal.
Can physical or mental infirmity be a ground for removal?	Yes, if the President considers the CIC or IC unfit due to infirmity of mind or body.
What happens if the CIC or IC acquires financial or other interests affecting duties?	He may be removed from office.
How is interest in government contracts treated under Section 14?	It is deemed to be misbehaviour.
Does participation in government contracts amount to misbehaviour?	Yes, unless it is as a member of an incorporated company in common with others.
What is the effect of deemed misbehaviour under Section 14(4)?	It attracts removal under Section 14(1).

CHAPTER IV
THE STATE INFORMATION COMMISSION
Which section of the RTI Act provides for the “constitution of the State Information Commission”?	Section 15
Who constitutes the State Information Commission?	The State Government by notification in the Official Gazette.
What is the name of the State Information Commission?	The (name of the State) Information Commission.
What is the purpose of the State Information Commission?	To exercise powers and perform functions assigned under the RTI Act.
What is the composition of the State Information Commission?	The State Chief Information Commissioner and up to ten State Information Commissioners.
What is the maximum number of State Information Commissioners?	Ten.
Who appoints the State Chief Information Commissioner and State Information Commissioners?	The Governor of the State.
On whose recommendation are the State Chief Information Commissioner and Commissioners appointed?	On the recommendation of a selection committee.
What is the composition of the selection committee for the State Information Commission?	The Chief Minister, the Leader of Opposition in the Legislative Assembly, and a Cabinet Minister nominated by the Chief Minister.
Who acts as the Chairperson of the selection committee?	The Chief Minister of the State.
Who is deemed to be the Leader of Opposition if none is recognised?	The leader of the single largest opposition group in the Legislative Assembly.
Who has administrative control over the State Information Commission?	The State Chief Information Commissioner.
Is the State Information Commission subject to directions of any authority?	No, it functions autonomously under the RTI Act.
What qualifications are required for appointment as State CIC or State IC?	Eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media, or governance.
Can a Member of Parliament or State Legislature be appointed as State CIC or IC?	No.
Can a State CIC or IC hold any office of profit or political affiliation?	No, they cannot hold office of profit or be connected with a political party.
Where is the headquarters of the State Information Commission located?	At such place in the State as notified by the State Government.
Can the State Information Commission establish offices at other places?	Yes, with prior approval of the State Government.
Which section of the RTI Act deals with “the term of office and conditions of service of State CIC and State ICs”?	Section 16
What is the term of office of the State Chief Information Commissioner?	Such term as may be prescribed by the Central Government.
Is the State Chief Information Commissioner eligible for reappointment?	No, reappointment is not permitted.
What is the maximum age limit for the State Chief Information Commissioner?	Sixty-five years.
What is the term of office of a State Information Commissioner?	Such term as may be prescribed by the Central Government or till the age of sixty-five years, whichever is earlier.
Is a State Information Commissioner eligible for reappointment as State Information Commissioner?	No, reappointment is not permitted.
Can a State Information Commissioner be appointed as State Chief Information Commissioner?	Yes, after vacating the office of State Information Commissioner.
What is the maximum aggregate tenure if a State IC becomes State CIC?	The total tenure shall not exceed five years as State IC and State CIC taken together.
What must a State CIC or State IC do before entering office?	Make and subscribe an oath or affirmation.
Before whom is the oath or affirmation made?	Before the Governor or a person appointed by him.
Where is the form of oath or affirmation prescribed?	In the First Schedule of the RTI Act.
How can the State CIC or State IC resign from office?	By writing under his hand addressed to the Governor.
How can the State CIC or State IC be removed from office?	In the manner specified under Section 17 of the RTI Act.
Who prescribes the salaries and allowances of the State CIC and State ICs?	The Central Government.
Can the service conditions be varied after appointment?	No, they cannot be varied to their disadvantage after appointment.
Which appointments are protected from the RTI Amendment Act, 2019?	State CICs and State ICs appointed before the commencement of the 2019 Amendment Act.
Who provides staff and employees to the State Information Commission?	The State Government.
Who prescribes the service conditions of officers and employees of the State Information Commission?	The appropriate authority as prescribed under the Act.
Which section of the RTI Act deals with “removal of the State Chief Information Commissioner and State Information Commissioners”?	Section 17
Who has the power to remove the State Chief Information Commissioner or a State Information Commissioner?	The Governor of the State.
On what grounds can the State CIC or State IC be removed under the general procedure?	Proved misbehaviour or incapacity.
Which authority conducts the inquiry into misbehaviour or incapacity of State CIC or IC?	The Supreme Court of India.
Who makes the reference to the Supreme Court for inquiry?	The Governor of the State.
When can removal take place after Supreme Court inquiry?	When the Supreme Court reports that the State CIC or State IC ought to be removed.
Can the Governor suspend the State CIC or State IC during inquiry?	Yes, the Governor may suspend and prohibit attendance during inquiry.
Under which circumstances can the Governor remove the State CIC or State IC without Supreme Court inquiry?	Under the grounds specified in Section 17(3).
What is one ground for direct removal related to financial status?	If the State CIC or State IC is adjudged an insolvent.
Can conviction for moral turpitude lead to removal?	Yes, if convicted of an offence involving moral turpitude.
Is engaging in paid employment during tenure a ground for removal?	Yes, engaging in paid employment outside official duties is a ground for removal.
Can physical or mental infirmity be a ground for removal?	Yes, if the Governor considers the officer unfit due to infirmity of mind or body.
What happens if the State CIC or State IC acquires financial or other interests affecting duties?	He may be removed from office.
How is interest in State Government contracts treated under Section 17?	It is deemed to be misbehaviour.
Does participation in State Government contracts amount to misbehaviour?	Yes, unless it is as a member of an incorporated company in common with others.
What is the effect of deemed misbehaviour under Section 17(4)?	It attracts removal under Section 17(1).

CHAPTER V
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES
Which section of the RTI Act deals with “the powers and functions of Information Commissions”?	Section 18
Which bodies exercise powers under Section 18?	The Central Information Commission and the State Information Commission.
What is the primary duty of the Information Commissions under Section 18?	To receive and inquire into complaints under the RTI Act.
Who can file a complaint under Section 18?	Any person who is aggrieved in matters relating to access to information.
When can a complaint be made due to non-appointment of PIO?	When no Central or State Public Information Officer has been appointed.
Can refusal by an Assistant PIO be a ground for complaint?	Yes, refusal to accept or forward an RTI application or appeal is a ground for complaint.
When can refusal of access to information be complained against?	When access to information requested under the Act is refused.
Can delay in providing information be a ground for complaint?	Yes, if information is not provided within the time limits prescribed.
Is charging excessive fee a valid ground for complaint?	Yes, if the fee demanded is considered unreasonable.
Can misleading or false information be challenged under Section 18?	Yes, providing incomplete, misleading, or false information is a ground for complaint.
Does Section 18 cover other matters related to information access?	Yes, it covers any other matter relating to requesting or obtaining records.
When can the Information Commission initiate an inquiry?	When it is satisfied that there are reasonable grounds to inquire into the matter.
What powers does the Information Commission have during inquiry?	Powers of a civil court under the Code of Civil Procedure, 1908.
Can the Information Commission summon witnesses?	Yes, it can summon and enforce attendance of persons.
Can the Information Commission require production of documents?	Yes, it can compel production and inspection of documents.
Can evidence be taken on affidavit?	Yes, the Commission can receive evidence on affidavit.
Can public records be requisitioned by the Commission?	Yes, from any court or public office.
Can the Information Commission issue summons for examination?	Yes, for witnesses or documents.
Can records be withheld from the Information Commission during inquiry?	No, no record can be withheld on any ground.
Does Section 18 override other laws restricting access to records?	Yes, it overrides inconsistent provisions of other laws.
Which section of the RTI Act deals with “appeals”?	Section 19
Who can file a first appeal under the RTI Act?	Any person aggrieved by a decision of the CPIO or SPIO or who has not received a decision within the prescribed time.
Within how many days must the first appeal be filed?	Within 30 days from receipt of the decision or expiry of the time limit.
To whom is the first appeal filed?	To an officer senior in rank to the CPIO or SPIO in the same public authority.
Can a delayed first appeal be admitted?	Yes, if sufficient cause for delay is shown.
Within how many days must a third party file an appeal against disclosure under Section 11?	Within 30 days from the date of the order.
What is a second appeal under the RTI Act?	An appeal against the decision of the first appellate authority.
Within how many days must a second appeal be filed?	Within 90 days from the date the decision should have been made or was received.
Where is the second appeal filed?	Before the Central Information Commission or the State Information Commission.
Can a delayed second appeal be admitted?	Yes, if sufficient cause for delay is shown.
Is a third party entitled to be heard in appeal proceedings?	Yes, if the appeal relates to third party information.
On whom does the burden of proof lie in appeal proceedings?	On the CPIO or SPIO who denied the request.
Within what time must an appeal be disposed of?	Within 30 days or within an extended period not exceeding 45 days with reasons recorded.
Are the decisions of the Information Commission binding?	Yes, they are binding.
What powers does the Information Commission have while deciding an appeal?	It may direct compliance with the Act, impose penalties, award compensation, or reject the application.
Can the Information Commission order disclosure of information in a particular form?	Yes.
Can the Information Commission order appointment of PIOs?	Yes.
Can the Information Commission direct changes in record management practices?	Yes.
Can compensation be awarded to the appellant?	Yes, for loss or detriment suffered.
Can penalties be imposed during appeal proceedings?	Yes, penalties under the RTI Act may be imposed.
Who must be informed of the appeal decision?	The complainant and the concerned public authority.
How are appeals decided by the Information Commission?	In accordance with the procedure prescribed under the Act.
Which section of the RTI Act deals with “penalties”?	Section 20
Who can impose penalties under the RTI Act?	The Central Information Commission or the State Information Commission.
At what stage can penalties be imposed?	While deciding a complaint or an appeal.
Against whom can penalties be imposed?	Against the Central Public Information Officer or State Public Information Officer.
What acts can attract penalty under Section 20(1)?	Refusal to accept RTI application, delay in furnishing information, malafide denial, providing incorrect or misleading information, destruction of information, or obstruction in providing information.
What is the rate of penalty under the RTI Act?	₹250 per day of delay.
What is the maximum penalty that can be imposed?	₹25,000.
From when is the penalty calculated?	From the date of delay till the application is received or information is furnished.
Is reasonable opportunity of hearing mandatory before imposing penalty?	Yes, a reasonable opportunity of being heard must be given.
On whom does the burden of proof lie in penalty proceedings?	On the CPIO or SPIO to prove reasonable and diligent conduct.
Can disciplinary action be recommended in addition to penalty?	Yes.
When can disciplinary action be recommended?	When there is persistent and unreasonable default by the CPIO or SPIO.
Under which rules is disciplinary action taken?	Under the applicable service rules.
Can penalties be imposed for destruction of information?	Yes, destruction of requested information attracts penalty.
Does obstruction in furnishing information attract penalty?	Yes, obstruction in any manner attracts penalty.

CHAPTER VI
MISCELLANEOUS
Which section of the RTI Act provides “protection for actions taken in good faith”?	Section 21
What is the object of Section 21 of the RTI Act?	To protect persons acting honestly and in good faith under the Act.
Against whom is protection granted under Section 21?	Against any person acting under the RTI Act.
What kind of legal proceedings are barred under Section 21?	Suit, prosecution, or any other legal proceeding.
For what acts does Section 21 provide protection?	Acts done or intended to be done in good faith.
Does protection extend to actions taken under rules made under the Act?	Yes, protection extends to actions under the Act and rules made thereunder.
Is protection available for acts done in bad faith?	No, protection applies only to acts done in good faith.
Does Section 21 give absolute immunity?	No, immunity is conditional upon good faith.
Can a public authority be sued for mala fide action under RTI Act?	Yes, protection is not available for mala fide actions.
Which section of the RTI Act provides “overriding effect to the Act”?	Section 22
What is the significance of Section 22 of the RTI Act?	It gives overriding effect to the RTI Act over other laws.
Over which Act does the RTI Act expressly override under Section 22?	The Official Secrets Act, 1923.
Does Section 22 override only the Official Secrets Act?	No, it overrides all other laws inconsistent with the RTI Act.
Does the RTI Act prevail over instruments having effect by virtue of other laws?	Yes, it prevails over any such instrument.
What happens in case of inconsistency between the RTI Act and any other law?	The provisions of the RTI Act shall prevail.
Why was overriding effect given to the RTI Act?	To ensure maximum transparency and access to information.
Can confidentiality clauses in other laws defeat RTI provisions?	No, if inconsistent, RTI provisions will prevail.
Which section of the RTI Act “bars the jurisdiction of courts”?	Section 23
What is meant by “bar of jurisdiction of courts” under the RTI Act?	It means that courts cannot entertain suits or proceedings against orders passed under the RTI Act.
Can any court entertain a suit or application against an order made under the RTI Act?	No, no court shall entertain any suit, application or other proceeding in respect of any order made under this Act.
Can an order passed under the RTI Act be challenged before a civil court?	No, such orders cannot be questioned before a civil court.
What is the only remedy available against an order made under the RTI Act?	The order can be challenged only by way of an appeal under the RTI Act.
Does Section 23 completely oust judicial review?	No, it bars ordinary court proceedings and allows challenge only through the appellate mechanism provided under the Act.
Which section of the RTI Act deals with “exemption of intelligence and security organisations”?	Section 24
Does the RTI Act apply to intelligence and security organisations?	No, the RTI Act does not apply to such organisations specified in the Second Schedule.
Which organisations are exempted under Section 24(1)?	Intelligence and security organisations established by the Central Government and listed in the Second Schedule.
Is information furnished by exempted organisations to the Central Government also exempt?	Yes, such information is also exempt from disclosure.
Is there any exception to the exemption under Section 24(1)?	Yes, information pertaining to allegations of corruption and human rights violations is not exempt.
What additional condition applies to human rights violation information?	It can be disclosed only after approval of the Central Information Commission.
What is the time limit for providing information relating to human rights violations?	Within forty-five days from the date of receipt of the request.
Can the Central Government modify the Second Schedule?	Yes, by notification in the Official Gazette.
What changes can be made to the Second Schedule by the Central Government?	It may include new organisations or omit existing ones.
Where must notifications issued under Section 24(2) be placed?	Before each House of Parliament.
Does Section 24 also apply to State intelligence and security organisations?	Yes, under Section 24(4).
Who has the power to exempt State intelligence and security organisations?	The State Government by notification in the Official Gazette.
Are corruption and human rights violation allegations exempt for State organisations?	No, such information is not exempt.
Who approves disclosure of human rights violation information for State organisations?	The State Information Commission.
What is the time limit for disclosure of human rights information by State organisations?	Forty-five days from the receipt of the request.
Where must State Government notifications under Section 24(4) be laid?	Before the State Legislature.
Which section of the RTI Act deals with “monitoring and reporting”?	Section 25
Who is responsible for preparing the annual report under the RTI Act?	The Central Information Commission or the State Information Commission, as the case may be.
When should the annual RTI report be prepared?	As soon as practicable after the end of each year.
To whom is the annual RTI report forwarded?	To the appropriate Government.
What is the role of Ministries or Departments in RTI reporting?	They must collect and provide necessary information to the Information Commission for preparing the report.
What details regarding RTI requests must be included in the annual report?	The number of requests made to each public authority.
What information about rejection of requests must be included in the report?	The number of decisions denying access, provisions invoked, and frequency of such invocation.
What appeal-related information is included in the RTI annual report?	The number, nature, and outcome of appeals referred to the Information Commission.
Does the RTI report include disciplinary action details?	Yes, particulars of disciplinary action taken against officers must be included.
What financial information is required in the RTI report?	The amount of charges collected by each public authority under the Act.
Does the report include efforts made to promote transparency?	Yes, it includes facts showing efforts to implement the spirit and intention of the Act.
Can the RTI report suggest reforms?	Yes, it may include recommendations for reform, improvement, modernization, or amendment of the Act or related laws.
Where is the RTI annual report placed after preparation?	Before Parliament or the State Legislature, as applicable.
What power does the Information Commission have if a public authority does not follow the spirit of the Act?	It may issue recommendations specifying steps to promote conformity with the Act.
Which section of the RTI Act deals with the “preparation of programmes by the appropriate Government”?	Section 26
What is the purpose of the programmes under Section 26(1)(a)?	To develop and organise educational programmes to advance public understanding, especially for disadvantaged communities, on exercising RTI rights.
How are public authorities encouraged under Section 26(1)(b)?	They are encouraged to participate in or undertake educational programmes themselves.
What is promoted under Section 26(1)(c)?	Timely and effective dissemination of accurate information by public authorities about their activities.
Who is trained under Section 26(1)(d)?	Central Public Information Officers or State Public Information Officers, and relevant training materials are produced.
What must the appropriate Government compile within 18 months of the Act’s commencement?	A guide in its official language with information for persons wishing to exercise RTI rights.
What must the guide include according to Section 26(3)?	(a) The objects of the Act; (b) Contact details of every CPIO or SPIO; (c) Manner and form to make an information request; (d) Duties of CPIOs or SPIOs; (e) Assistance from CIC or SIC; (f) Legal remedies including appeal procedures; (g) Voluntary disclosure provisions under Section 4; (h) Notices regarding fees; (i) Additional regulations or circulars for access to information.
How often should the guide or guidelines be updated?	Regular intervals, as necessary.
Why are these programmes and guides important?	To ensure public awareness and effective exercise of rights under the RTI Act.
Which section of the RTI Act empowers “the appropriate Government to make rules”?	Section 27
How can the appropriate Government make rules under Section 27(1)?	By notification in the Official Gazette.
What is the purpose of rules made under Section 27?	To carry out the provisions of the RTI Act.
What matters can the rules specifically provide for under Section 27(2)(a)?	The cost of the medium or print cost of materials disseminated under Section 4(4).
What matters can the rules specifically provide for under Section 27(2)(b) and (c)?	The fee payable under Section 6(1) and Section 7(1) & (5).
Which terms of office are covered under rules in Section 27(2)(ca)?	The Chief Information Commissioner, Information Commissioners, State Chief Information Commissioner, and State Information Commissioners under Sections 13(1),(2) and 16(1),(2).
Which service conditions are covered under rules in Section 27(2)(cb) and (d)?	Salaries, allowances, and other terms of service of CIC/ICs and State CIC/ICs; and officers and other employees under Sections 13(5), (6) and 16(5), (6).
What procedural matters can be prescribed under Section 27(2)(e)?	The procedure to be adopted by CIC or SIC in deciding appeals under Section 19(10).
Can the rules cover matters not specifically mentioned?	Yes, any other matter which is required to be or may be prescribed.
Which section of the RTI Act “empowers the competent authority to make rules”?	Section 28
How can the competent authority make rules under Section 28(1)?	By notification in the Official Gazette.
What is the purpose of rules made under Section 28?	To carry out the provisions of the RTI Act.
What matters can the rules specifically provide for under Section 28(2)(i)?	The cost of the medium or print cost of materials disseminated under Section 4(4).
What matters can the rules specifically provide for under Section 28(2)(ii) and (iii)?	The fee payable under Section 6(1) and Section 7(1).
Can the rules cover matters not specifically mentioned?	Yes, any other matter which is required to be or may be prescribed.
Which section of the RTI Act deals with “laying of rules”?	Section 29
How should rules made by the Central Government under this Act be laid before Parliament?	As soon as may be after they are made, before each House of Parliament while it is in session for a total period of thirty days, which may be in one session or in successive sessions.
What happens if both Houses of Parliament agree to modify or annul a rule?	The rule shall have effect only in the modified form or shall be of no effect, without prejudice to the validity of anything previously done under that rule.
How should rules made by a State Government be laid?	Every rule made by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.
Which section of the RTI Act deals with “the power to remove difficulties”?	Section 30
Who has the power to remove difficulties under this section?	The Central Government.
How can the Central Government remove difficulties under Section 30(1)?	By order published in the Official Gazette, making provisions not inconsistent with the Act, which appear necessary or expedient for removal of the difficulty.
Is there a time limit for exercising this power?	Yes, no such order shall be made after the expiry of two years from the date of commencement of the Act.
How should every order made under this section be placed before Parliament?	As soon as may be after it is made, it shall be laid before each House of Parliament.
Which section of the RTI Act deals with “the repeal” of previous legislation?	Section 31
Which Act is repealed by Section 31 of the RTI Act, 2005?	The Freedom of Information Act, 2002 (5 of 2003).
What is the effect of this repeal?	The Freedom of Information Act, 2002 ceases to have effect from the commencement of the RTI Act, 2005.

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