The Right to Information Act, 2005

Summary of the Right to Information Act, 2005 (RTI Act, 2005)
Key Provisions
1. Right to Information
• All citizens have the right to information, subject to the Act's provisions.
2. Obligations of Public Authorities
• Maintain, computerize, and network records for easy access.
• Publish various details about the authority.
• Provide reasons for administrative or quasi-judicial decisions.
• Suo motu disclosure of information.
3. Designation of Public Information Officers
• Designate Central/State Public Information Officers and Assistants.
4. Exemptions and Penalties
• Exemptions: For certain organisations with exceptions.
• Penalties: Include fines and imprisonment for non-compliance or misconduct.
5. Information Commissions
• Establishment of Central and State Information Commissions.
6. Miscellaneous
• Protection of Action in Good Faith
• Overriding Effect
• Bar on Court Jurisdiction
• Monitoring and Reporting

Legislative History:

The Right to Information Act, 2005

Short Title - The Right to Information Act, 2005

Act Number / Year - Act No. 22 of 2005

Act ID (India Code) - 200522 (Internal ID: 2005-22)

Introduced In - Lok Sabha (as The Right to Information Bill, 2004)

Presidential Assent Date - June 15, 2005

Official Gazette Publication - June 21, 2005

Enforcement Strategy - Phase 1 (Immediate provisions): June 15, 2005 (Ss. 4(1), 5(1)-(2), 12, 13, 15, 16, 24, 27, 28); Phase 2 (Full Enforcement): October 12, 2005 (120th day of enactment)

Nodal Ministry - Ministry of Personnel, Public Grievances and Pensions

Precedent & Statutory Rationale

1. Replacement of the Weak 2002 Framework:

o The preceding Freedom of Information Act, 2002 was widely criticized for containing excessive exemptions, weak enforcement mechanisms, and lacking proactive disclosure mandates. It was never notified into force.

2. Promotion of Transparency and Accountability:

o Enacted to provide a practical regime for citizens to secure access to information under the control of public authorities, thereby combating systemic corruption, promoting governmental transparency, and establishing independent appeal bodies.

Parliamentary Trajectory & Enactment

• December 2004: The Right to Information Bill, 2004 was introduced in the Lok Sabha, reflecting wide inputs from the National Advisory Council (NAC) and civil society organizations.

• May 2005: Passed by the Lok Sabha (May 11, 2005) and Rajya Sabha (May 12, 2005) with significant amendments strengthening penalty structures and disclosure rules.

• June 15, 2005: Received Presidential Assent as Act No. 22 of 2005.

• October 12, 2005: Came into full operational effect across India upon the completion of the 120-day statutory transition window.

Core Statutory Framework Established

1. Obligation of Public Authorities (Section 4): Mandates every public authority to maintain records duly cataloged and proactively publish vast categories of administrative data.

2. Public Information Officers (Section 5): Requires public authorities to designate Central/State Public Information Officers (CPIOs/SPIOs) to process information requests within strict timeframes (typically 30 days).

3. Information Commissions (Sections 12 & 15): Establishes the autonomous Central Information Commission (CIC) and State Information Commissions (SICs) vested with powers of a civil court to penalize non-compliance and hear second appeals

Source: Official Records of Parliament, India Code, and Ministry of Personnel, Public Grievances and Pensions