Right to information
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.
Section 3 of the Right to Information Act, 2005 deals with right to information. Subject to the provisions of this Act, all citizens shall have the right to information. The Act was enacted on 15 Jun 2005.
Subject to the provisions of this Act, all citizens shall have the right to information.
Section 3, The Right to Information Act, 2005 (Act 22 of 2005).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Thalappalam Ser. Coop. Bank Ltd. v. State of Kerala
Court's Decision & Legal Precedent
A co-operative society is not a 'public authority' under RTI Act s.2(h) merely because it is registered or regulated; the test is whether it is owned, controlled or substantially financed by government. RTI s.3 right to information therefore does not automatically run against co-operative societies. Use Judgement order-9.pdf (2013-10-07), not same-date order-10 ROP.
On this section: RTI s.3 right to information runs only against a public authority; co-operative societies fail the s.2(h) test here.
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Lokniti Foundation vs Union of India
Court's Decision & Legal Precedent
Civil Service Boards comprising high-ranking serving officers with specialization in respective fields should be constituted at Centre and State levels functioning in advisory capacity to guide on transfers, postings and disciplinary matters with reasons to be recorded if political executive overrules recommendations; fixed minimum tenure (at least 2 years) should be provided to civil servants to ensure stability and effective governance; all instructions, directions and orders to civil servants must ordinarily be in writing, and oral directions must be confirmed in writing immediately as required by Rule 3(3) of All India Service Conduct Rules to ensure transparency, accountability and fulfillment of Right to Information Act objectives. These measures are necessary to protect civil servants from arbitrary and wrongful pressure from political executive, business interests and other vested interests, while preserving ultimate executive authority to effect transfers in public interest where reasons are recorded.
On this section: Citizens have right to information under control of public authority; public authority must maintain records; oral instructions not recorded defeat RTI objectives
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Anjali Bhardwaj vs Union of India
Court's Decision & Legal Precedent
The Central Government and State Governments have a constitutional and statutory obligation to fill vacancies in Information Commissions in a timely manner through a transparent process, and the Supreme Court can issue mandamus directions to compel such appointments. The failure to maintain adequate strength of Information Commissioners violates the fundamental right to information under Article 19(1)(a) of the Constitution and frustrates the purpose of the Right to Information Act 2005. Information Commissions must be staffed adequately based on workload, and the appointment process must be transparent with public disclosure of selection criteria, shortlisted candidates, and deliberations. Persons of eminence from all fields mentioned in the RTI Act should be considered for appointment, not limited to government employees.
On this section: Declares that all citizens have the right to information subject to provisions of the Act
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Inst. of Chartered Accountants of India vs Shaunak H Sayta
Court's Decision & Legal Precedent
Intellectual property exemption under Section 8(1)(d) of RTI Act is temporal in nature and applies only to information the disclosure of which would competitively harm third parties at the time of disclosure. Once an examination is held, evaluated, and results declared, examination instructions, solutions, and model answers no longer harm the competitive position of any third party and therefore cease to be exempted. Information held by a person in fiduciary capacity is exempted under Section 8(1)(e), but this exemption is conditional and subject to larger public interest override. Examining bodies must disclose standards and criteria for mark moderation to maintain accountability and fairness, but need not compile data not maintained in their records. Administrative workload and burden do not justify denial of RTI requests; public authorities must adapt to transparency obligations.
On this section: Right to information as fundamental right of citizens and duty of public authorities to disseminate information
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 3
What have the courts held on Section 3 of the Right to Information Act?
Thalappalam Ser. Coop. Bank Ltd. v. State of Kerala (07 Oct 2013) is the leading judgment on this section among those set out below: RTI s.3 right to information runs only against a public authority; co-operative societies fail the s.2(h) test here. Another 3 judgments on this section are set out below, all of them from the Supreme Court. They run from 2011 to 2019.
How do I find court cases under Section 3 of the Right to Information Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTI Act 3, section 3 RTI Act, section 3 of the Right to Information Act. People searching for it also type rti 3 en direct. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Thalappalam Ser. Coop. Bank Ltd. v. State of Kerala (07 Oct 2013).
When was Section 3 of the Right to Information Act enacted?
Section 3 of the Right to Information Act, cited as RTI Act 3, was enacted on 15 Jun 2005 as Act 22 of 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 19. Appeal669 words
- 7. Disposal of request657 words
- 4. Obligations of public authorities643 words
- 2. Definitions618 words
- 13. Terms of office and conditions of service530 words
- 8. Exemption from disclosure of information520 words
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. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.