Right to Information Act, 2005: Procedure, Exemptions, Information Commissions and Recent Amendments (UPSC Notes)

Updated 8 min read
Shastri Bhawan, New Delhi, which houses several Union ministries
Quick answerThe Right to Information Act, 2005 lets any citizen ask a public authority for information, which must be supplied within 30 days (48 hours if life or liberty is at stake). Section 8 lists exemptions such as security and cabinet papers. Appeals go to the Central or State Information Commission. The Supreme Court reads the right into Article 19(1)(a).

Background: from a village campaign to a national law

The right to information grew from the ground up. In the early 1990s the Mazdoor Kisan Shakti Sangathan in rural Rajasthan held public hearings, called jan sunwais, where muster rolls and bills of local works were read aloud. Villagers found payments to people who had died and for works never built. The slogan was simple: our money, our accounts. Courts had already linked the right to know with freedom of speech in cases such as State of UP v Raj Narain (1975) and S.P. Gupta (1981). Several States passed their own laws, starting with Tamil Nadu and Goa in 1997. A central Freedom of Information Act, 2002 was passed but never notified. The Right to Information Act, 2005 replaced it, and came fully into force on 12 October 2005.

Where it came from

The demand began in villages, not in Delhi. In the early 1990s the Mazdoor Kisan Shakti Sangathan in central Rajasthan held jan sunwais where muster rolls of public works were read aloud, and villagers found names of dead people drawing wages. “Hamara paisa, hamara hisaab” became the slogan. Tamil Nadu and Goa passed State RTI laws in 1997; the weak Freedom of Information Act, 2002 never came into force; the 2005 Act replaced it.

How an RTI request moves
  1. 1Application to the PIO with fee
  2. 2Reply within 30 days
  3. 3First appeal to the senior officer
  4. 4Second appeal or complaint to the Information Commission
  5. 5Penalty or compensation if violated

How it works

  • Apply to the Public Information Officer with a fee of ₹10 (free for BPL applicants); no reason needed.
  • Reply within 30 days; 48 hours for life and liberty; 35 days through an Assistant PIO.
  • First appeal to a senior officer, second appeal to the Information Commission.
  • Penalty on the PIO up to ₹25,000 for unjustified delay or denial.
  • Section 4: proactive disclosure of functions, budgets, officers and decisions.

Exemptions and limits

Section 8 protects information affecting sovereignty and security, foreign relations, cabinet papers until the decision is taken, trade secrets, fiduciary information and personal information. Section 24 excludes intelligence and security bodies listed in the Second Schedule, except for allegations of corruption and human rights violations. A public interest override existed for most exemptions.

Section 8 exemption vs Section 24 exclusion
Section 8 exemptions

  • Sovereignty, security, strategic interests
  • Cabinet papers until decision taken
  • Personal information without public interest
  • Public interest can override
Section 24 organisations

  • Intelligence and security bodies in Second Schedule
  • Act does not apply at all
  • Except corruption and human rights allegations
  • List can be changed by notification

Recent changes

  • RTI (Amendment) Act, 2019: the Centre now fixes the tenure, salary and conditions of Information Commissioners by rules (term three years under the 2019 rules), replacing the fixed five-year term and Election Commission-level pay.
  • Digital Personal Data Protection Act, 2023 (Section 44(3)) rewrote Section 8(1)(j): all personal information is exempt, and the public interest test for it was removed. Journalists and transparency groups have challenged this.

Key timelines under the Act

SituationTime limit
Ordinary request to the Public Information Officer30 days
Information concerning life or liberty of a person48 hours
Application filed through an Assistant PIO5 days added
Third-party information40 days
Human rights or corruption allegations in exempt security bodies45 days, with Commission’s approval
First appeal to the senior officerFiled within 30 days; decided in 30 (up to 45) days
Second appeal to the Information CommissionFiled within 90 days

Impact and problems

Several million applications are filed every year. RTI exposed the Adarsh Housing scam and countless ration and pension frauds. Problems: over 20 RTI users have been killed in some years, Commissions sit with vacancies and backlogs (the Supreme Court pulled up governments in Anjali Bhardwaj, 2019), and political parties have resisted the CIC’s 2013 ruling that six national parties are public authorities.

Penalties and the record of Commissions

Section 20 lets the Information Commission impose a penalty of Rs 250 a day on a PIO who refuses an application, delays without reason, or gives false information, up to a maximum of Rs 25,000. It can also recommend disciplinary action. In practice, Commissions impose penalties in only a small share of cases where violations are found, which weakens the deterrent. Section 4 requires every public authority to publish a large set of information on its own, such as its functions, budgets, decision-making norms and the names of officers. Better proactive disclosure would reduce the flood of applications. Long pendency of second appeals and vacancies in Information Commissions are common complaints, and the Supreme Court in Anjali Bhardwaj v Union of India (2019) directed timely and transparent appointments.

Landmark RTI judgments

CaseYearPoint
CBSE v Aditya Bandopadhyay2011Students can see their evaluated answer sheets
Girish Ramchandra Deshpande v CIC2012Service records and assets of an employee are personal information
Thalappalam Service Co-op Bank v State of Kerala2013Cooperatives not public authorities unless substantially financed or controlled by the State
RBI v Jayantilal N. Mistry2015RBI cannot withhold bank inspection reports by citing fiduciary relationship
CPIO, Supreme Court v Subhash Chandra Agarwal2019Office of the Chief Justice of India is a public authority

RTI and personal data

Section 8(1)(j) of the RTI Act originally exempted personal information that had no relation to public activity or interest, or that would cause an unwarranted invasion of privacy, unless a larger public interest justified disclosure. It also said that information which cannot be denied to Parliament or a State Legislature cannot be denied to any person. The Digital Personal Data Protection Act, 2023, through Section 44(3), amended Section 8(1)(j) to exempt information relating to personal information without the public-interest test. Transparency campaigners argue this lets officials refuse details such as names in muster rolls or beneficiary lists that were central to social audits. The government’s position is that privacy, recognised as a Fundamental Right in Puttaswamy (2017), needs protection. For Mains, present this as a tension between two rights, both grounded in Article 21 and Article 19(1)(a), and suggest ways to keep public functions open while protecting genuinely private data.

Another theme is the safety of RTI users. Several activists have been attacked or killed after exposing wrongdoing, which makes the Whistle Blowers Protection Act, 2014 and its effective use an important part of the transparency framework.

Who is a public authority

Section 2(h) defines a public authority as any body set up by the Constitution, by a law of Parliament or a State Legislature, or by a government notification, and also any body owned, controlled or substantially financed by government, including NGOs that receive substantial funds. Courts have read substantial finance as funding without which the body would struggle to exist, not a small grant. In 2013 the Central Information Commission declared six national political parties to be public authorities, citing concessional land, free airtime and tax exemptions, but the parties did not comply, and petitions seeking enforcement of that order were later filed in the Supreme Court.

Rti Act: UPSC angle

For UPSC CSE

Prelims: time limits, appellate bodies, Section 4 and 8, Second Schedule. Mains GS-II/IV: transparency and accountability, RTI and privacy, Information Commission independence.

Rti Act UPSC PYQs (Prelims)

Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.

No Prelims question in the Battle IAS bank is directly on this topic yet.

Mains PYQs on this topic

No UPSC Mains question from 2023-2026 is directly on this topic. Older papers (2013-2022) will be added as the Mains bank grows.

Quick quiz

Practice · UPSC

Information concerning life or liberty must be supplied within

Answer (b)

Section 7(1).

Practice · UPSC

The 2019 amendment to the RTI Act concerned

Answer (b)

Now set by central rules.

Practice · UPSC

Which law amended Section 8(1)(j) of the RTI Act?

Answer (c)

Section 44(3).

FAQs

Is RTI a Fundamental Right?

The Supreme Court has held that the right to know is part of Article 19(1)(a), and the RTI Act gives it a procedure.

Do I need to give a reason for an RTI application?

No. Section 6(2) says no reason is required.

Are political parties under RTI?

The CIC said in 2013 that six national parties are public authorities, but parties have not complied; the issue is before the Supreme Court.

Who appoints the Chief Information Commissioner?

The President, on the recommendation of a committee of the PM, the Leader of the Opposition and a Union Minister nominated by the PM.

What is the time limit for life and liberty requests?

Information concerning the life or liberty of a person must be supplied within 48 hours.

Is there a penalty on officers who deny information?

Yes. The Information Commission can impose Rs 250 a day, up to Rs 25,000, on a PIO who delays or refuses without reasonable cause.

Do intelligence agencies come under RTI?

Organisations listed in the Second Schedule are excluded, except for information on allegations of corruption and human rights violations.

Spotted an error? Tell us. We correct within 48 hours.

Image: Pinakpani, Wikimedia Commons, CC BY-SA 4.0

How to use this in Mains

GS-II

If asked: The RTI Act has strengthened transparency, but its exemptions are often misused. Discuss. (GS-II)

Quote: “Section 8 protects information affecting sovereignty and security, foreign relations, cabinet papers until the decision is taken, trade secrets, fiduciary information and personal information.”

Use it: Use to list lawful exemptions before discussing misuse.

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