The Right to Information (RTI) is a fundamental right under Article 19(1) of the Indian Constitution. This was held in the case of Mr. Kulwal v/s Jaipur Municipal Corporation, in which the Supreme Court of India ruled that the freedom of speech and expression guaranteed under Article 19 of the Indian Constitution includes the right to information.
As the name suggests, the Right to Information Act of 2005 was enforced to empower the citizens of India with information to promote transparency between the authorities and the people. This, in turn, promotes the Democracy of India. As quoted by Thomas Jefferson, "Information is the currency of democracy."
But, like any right conferred on the Citizens of India, even the Right to Information is not absolute and has limitations. These limitations, just like the Act, are for the protection and promotion of the public and the National interest.
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Objectives of the Right to Information Act
Before discussing its limitations, discussing the objectives of the Right to Information Act of 2005 may be worthwhile. They are:-
To empower the citizens to seek information as a matter of right,
To maintain transparency,
To check the large-scale corruption caused in the system,
To demand greater accountability on the part of the public authorities, the Central Information Commission and the State Information Commission,
To escalate the awareness of the citizens regarding the governmental functions.
Limitation of the Right to Information Act
Section 8 of the Right to Information Act, 2005, titled "Exemption from disclosure of information," deals with the exceptions under the Act. These exemptions are:-
Information prejudicially affecting International relations in any way,
Information prejudicially affecting the National security in any way,
Information relating to law enforcement and prevention of crime,
Information which would breach the privilege of the Government,
Information is forbidden to be published by any court or tribunal or such information whose disclosure leads to contempt of court.
Information that infringes the privacy of any individual or individuals if disclosed.
Information, the disclosure of which would harm the competitive position of a third party,
Information arising out of a fiduciary relationship,
Information received in confidence from foreign Governments,
Cabinet papers, including records of deliberations of the Council of Ministers, Secretaries, and other officers.
Section 8(2) of the RTI further provides an exception to these exemptions; it states that "a public authority may allow access to information, even the information which is exempted under Section 8(1), if the public interest in such disclosure outweighs the harm to the protected interests."
Girish Ramchandra Deshpande v. Central Information Commission & Ors. (2013): The issue in this case was whether the personal information of a public servant could be disclosed under the RTI Act. The Supreme Court held such information could be disclosed in the larger public interest. Still, the petitioner cannot claim those details as a matter of right.
Section 9 of the RTI Act provides for another exception, which provides that information whose copyright is not in the name of the State or held by the State cannot be provided under this Act under any circumstances.
Lastly, as per Section 24 of the RTI Act, Intelligence and Security organisations, as specified in the second schedule of the Act, have been exempted from the purview of this Act.
The Second Schedule-
Intelligence Bureau.
Research and Analysis Wing (RAW), including its technical wing, namely, the Aviation Research Centre of the Cabinet Secretariat.
Directorate of Revenue Intelligence.
Central Economic Intelligence Bureau.
Directorate of Enforcement.
Narcotics Control Bureau.
Special Frontier Force of the Cabinet Secretariat.
Border Security Force.
Central Reserve Police Force.
Indo-Tibetan Border Police.
Central Industrial Security Force.
National Security Guards.
Assam Rifles.
Sashtra Seema Bal.
Directorate General of Income-tax (Investigation).
National Technical Research Organisation.
Financial Intelligence Unit, India.
Special Protection Group.
Defence Research and Development Organisation.
Border Road Development Board.
National Security Council Secretariat.
Central Bureau of Investigation.
National Investigation Agency.
National Intelligence Grid.
Strategic Forces Command.
All these Intelligence and Security organisations have been exempted from the purview of the Right to Information Act, 2005.
Frequently Asked Questions
Q1. What is information?
A1. "information" as defined by Section 2(f) of the Right to Information Act, 2005, means any material in any form, including records, documents, memos, e-mails, opinions, pieces of advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
Q2. What is the Right to Information?
A2. "Right to information," as defined by Section 2(j) of the Right to Information Act, 2005, means the access to information under this Act which is held by or under the control of any public authority and includes the right to—
(i) inspection of work, documents, and records;
(ii) taking notes, extracts, or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in diskettes, floppies, tapes, video cassettes, or in any other electronic mode or through printouts where such information is stored in a computer or any other device.
Q3. Who has the Right to Information?
A3. Under Section 3 of the Right to Information Act, 2005, every citizen shall have the right to information. Still, there are certain exceptions, as discussed above.
Q4. What is the time limit for receiving the information after request?
A4. After the applicant pays the prescribed fees, the authority shall provide the requested information as soon as possible, and in any case before 30 days. But, if the information relates to the life or liberty of any person, such information shall be furnished within 48 hours.
Q5. Is providing a reason compulsory for requesting any information under the Right to Information Act?
A5. As provided under Section 6 of the Right to Information Act, 2005, the applicant is not bound to give reasons or even personal details for requesting any information. Only such personal details may be required as may be necessary for contacting him.
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