Right to Information Act, 2005
The RTI Act, 2005 grants citizens a legal right to access information from public authorities, enforced by Central and State Information Commissions.
At a glance
A 2005 law giving citizens a legally enforceable right to access information held by public authorities, subject to limited exemptions.
Public authorities must generally furnish requested information within 30 days; refusals can be appealed to an Information Commission.
Created statutory Central and State Information Commissions with civil-court-like powers to enforce transparency and accountability.
Timeline
RTI Act, formally the Right to Information Act, 2005, is a Parliamentary law that gives every citizen of India a legally enforceable right to seek information held by public authorities. Its aim is to make the working of government more transparent and to hold public officials accountable for the use of public funds and the exercise of public power. To make this right usable in practice, the Act also set up independent adjudicating bodies — the Central Information Commission and, in each state, a State Information Commission.
Background: A Right Born of a Grassroots Movement
The demand for a right to information did not begin in Parliament — it began in the fields of Rajasthan. In 1990, a mass-based organisation called the Mazdoor Kisan Shakti Sangathan (MKSS) started a campaign in Bhim Tehsil, one of the state's most backward regions, asking for records of famine-relief works. Villagers wanted certified copies of bills, vouchers and muster rolls to check who had actually been paid wages for building schools, dispensaries, small dams and community centres — projects shown as complete on paper, though villagers suspected large-scale misappropriation of funds.
Between 1994 and 1996, MKSS organised Jan Sunwais, or public hearings, forcing local administrators to explain accounts before the people the projects were meant to serve. This pressure led to an amendment of the Rajasthan Panchayati Raj Act allowing the public to obtain certified copies of panchayat documents, and requiring panchayats to publish budgets, accounts, expenditure and beneficiary lists. In 1996, MKSS formed the National Council for People's Right to Information in Delhi to turn the local struggle into a national campaign, building on earlier draft proposals from the Consumer Education and Research Centre, the Press Council and the Shourie Committee.
A weak Freedom of Information Act was passed in 2002 but never brought into force. A stronger Right to Information Bill, tabled in 2004, received presidential assent in June 2005 — becoming the Right to Information Act, 2005.
What the RTI Act Provides
The Act guarantees citizens a right to access information held by, or under the control of, public authorities. Once a request is made, the concerned public authority is generally required to furnish the information within 30 days. The right is not unlimited — the Act carves out exemptions where disclosure would affect national security, individual privacy or commercially sensitive/trade information. Disputes over refusal, delay or incomplete disclosure are not left to the authority itself to resolve; they go to an Information Commission, which functions as an independent appellate and complaints body.
Central and State Information Commissions
The Act created two parallel structures — one for the Union and Union Territories, and one for each state — with similar composition and powers but different appointing authorities.
| Aspect | Central Information Commission (CIC) | State Information Commission (SIC) |
|---|---|---|
| Established | 2005, under the RTI Act — a statutory, not constitutional, body | 2005, under the RTI Act — a statutory, not constitutional, body |
| Composition | A Chief Information Commissioner and not more than 10 Information Commissioners | A State Chief Information Commissioner and not more than 10 State Information Commissioners |
| Appointing authority | President of India | Governor of the state |
| Appointment recommended by | A committee of the Prime Minister (Chairperson), the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister | A committee of the Chief Minister (Chairperson), the Leader of Opposition in the state Legislative Assembly, and a State Cabinet Minister nominated by the Chief Minister |
| Jurisdiction | Complaints and appeals concerning offices, financial institutions, public sector undertakings, etc., under the Central Government and Union Territories | Complaints and appeals concerning offices, financial institutions, public sector undertakings, etc., under the concerned state government |
| Eligibility of members | Persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration | Same eligibility criteria as the CIC |
Powers and Functions of the Commissions
While inquiring into a complaint or appeal, an Information Commission exercises powers similar to a civil court: it can summon and enforce the attendance of persons, compel oral or written evidence on oath, order the discovery and inspection of documents, receive evidence on affidavit, requisition public records from any court or office, and issue summons for examining witnesses or records. A Commission may also start an inquiry on its own initiative — suo motu — wherever there are reasonable grounds. During any inquiry, it may examine records under a public authority's control, and no record can be withheld from it.
To secure compliance, a Commission can direct a public authority to provide information in a particular form, appoint a Public Information Officer where none exists, publish specified information, or change its record-management practices. It can also order more staff training, call for an annual compliance report, require compensation for loss or detriment suffered by an applicant, impose penalties, or simply reject the application. Each Commission submits an annual report on the Act's implementation to the appropriate government, which places it before the House(s) of Parliament or the state legislature, and it may recommend steps where a public authority is not conforming to the Act.
The RTI (Amendment) Act, 2019
The 2019 amendment changed how the terms and service conditions of Information Commissioners are decided, without altering the basic architecture of the Act.
| Provision | Position before 2019 | Position after the 2019 amendment |
|---|---|---|
| Term of Chief Information Commissioner / Information Commissioners (Central) | Fixed term of 5 years | Term as prescribed by the Central Government |
| Term of State Chief Information Commissioner / State Information Commissioners | Fixed term of 5 years | Term as prescribed by the Central Government |
| Salary, allowances and service conditions of CIC/ICs | Equivalent to those of the Chief Election Commissioner (for CIC) and an Election Commissioner (for ICs) | As prescribed by the Central Government |
| Salary, allowances and service conditions of State CIC/SICs | Linked to earlier statutory parity under the Act | As prescribed by the Central Government |
UPSC Relevance
Prelims
- The RTI Act, 2005, and the year the CIC was established (2005).
- CIC/SIC composition: Chief Information Commissioner plus not more than 10 Information Commissioners.
- Appointing authorities — President for CIC, Governor for SIC — and the composition of the recommending committees.
- The fact that the CIC and SIC are statutory bodies, not constitutional bodies.
- Key changes introduced by the RTI (Amendment) Act, 2019.
Mains
- The role of grassroots movements, such as the MKSS in Rajasthan, in shaping transparency legislation in India (GS2 — governance, polity).
- Debate on whether the RTI (Amendment) Act, 2019 weakens the independence of Information Commissioners by removing fixed tenure and service-condition parity with Election Commissioners.
- RTI as an instrument for citizen participation, accountability, and checking corruption in the use of public resources.
FAQ
Q1. What is the RTI Act, 2005? It is a law passed by Parliament that gives Indian citizens a legal right to request and receive information held by public authorities, subject to specified exemptions.
Q2. Is the Central Information Commission a constitutional body? No. The CIC is a statutory body, created under the Right to Information Act, 2005 — not by a provision of the Constitution.
Q3. Within how many days must a public authority normally provide information under the RTI Act? The Act generally requires information to be furnished within 30 days of a request.
Q4. Who appoints the Chief Information Commissioner? The President of India appoints the Chief Information Commissioner and Information Commissioners, on the recommendation of a committee headed by the Prime Minister.
Q5. What did the RTI (Amendment) Act, 2019 change? It removed the fixed 5-year term for the CIC/ICs and State CIC/SICs, and removed the earlier linkage of their salary and service conditions to those of the Election Commission, leaving both to be prescribed by the Central Government.
Quick Revision
- RTI Act, 2005: grants citizens a legal right to access information from public authorities.
- Information generally due within 30 days; exemptions for national security, privacy, commercial confidentiality.
- CIC established 2005, statutory (not constitutional) body; Chief Information Commissioner + up to 10 Information Commissioners.
- CIC appointed by President; SIC appointed by Governor, on recommendation of similarly structured committees.
- Commissions have civil-court-like inquiry powers and can direct compliance, compensation or penalties.
- Origins trace to the MKSS movement in Rajasthan (from 1990) and the 2002 Freedom of Information Act, which was never enforced.
- RTI (Amendment) Act, 2019: term and service conditions of CIC/ICs and State CIC/SICs now prescribed by the Central Government, instead of a fixed 5-year term and Election Commission parity.
Sources
- Right to Information Act, 2005 — official text, India Code: https://www.indiacode.nic.in
- Central Information Commission — official website: https://cic.gov.in
- Right to Information portal, Department of Personnel & Training, Government of India: https://rti.gov.in
Further Reference
For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:
- M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
- D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
- The Constitution of India — Bare Act — the official text.
Disclosure: As an Amazon Associate, UPSC.wiki earns from qualifying purchases — at no extra cost to you.