The Right to Information Act, 2005

In force 31 sections Personnel, Public Grievances and Pensions

An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

Act 22 of 2005 Enacted 15 Jun 2005 Department Department of Personnel and Training

Administered by. Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training · Other Acts of 2005

Commencement. Ss. 4(1), 5(1) (2), 12, 13, 15, 16, 24, 27, 28 (15-06-2005) and rest provisions on 120th day of its enactment.

Preamble

THE RIGHT TO INFORMATION ACT, 2005
ACT NO. 22 OF 2005
[15th June, 2005.] An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
WHEREAS the Constitution of India has established democratic Republic;
AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments are their instrumentalities accountable to the governed;
AND WHEREAS revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;
AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;
Now, THEREFORE, it is expendient to provide for furnishing certain information to citizens who desire to have it.
BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:--

What this Act covers

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

Sections

Type to filter. 31 sections.

Legislative history

Legislative History: The Right to Information Act, 2005Short Title - The Right to Information Act, 2005Act Number / Year - Act No. 22 of 2005Act ID (India Code) - 200522 (Internal ID: 2005-22)Introduced In - Lok Sabha (as The Right to Information Bill, 2004)Presidential Assent Date - June 15, 2005Official Gazette Publication - June 21, 2005Enforcement 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 PensionsPrecedent & Statutory Rationale1. 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 Established1. 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 appealsSource: Official Records of Parliament, India Code, and Ministry of Personnel, Public Grievances and Pensions

Schedules

This Act has 2 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

THE FIRST SCHEDULE120 words
THE SECOND SCHEDULE243 words

Rules made under this Act

8 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

The Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner, Information Commissioners in the Central Information Commission, State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 20192019
Punjab Right to Information Rules, 20172017
Tamil Nadu Information Commission Service Rules, 20172017
RTI Rules, 20122012
The Tamil Nadu Information Commission (Appeal Procudure) Rules, 20122012
Amendment in The Chhattisgarh Right to Information (Appeal) Rules, 20062011
Rajasthan Right to Information Rules, 20052005
Tamil Nadu Right to Information (Fees) Rules, 20052005

Related Acts

The Central Vigilance Commission Act, 200330 sections
The Lokpal and Lokayuktas Act, 201363 sections
The Prevention of Corruption Act, 198835 sections
The Public Examinations (Prevention of Unfair Means) Act, 202421 sections
The Administrative Tribunals Act, 198541 sections
The Former Secretary of State Service Officers (Conditions of Service) Act, 197214 sections
The All-India Services Act, 19515 sections
The Delhi Special Police Establishment Act, 194613 sections

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 31 sections of this Act has its own page. This page is not a substitute for legal advice.