Why this matters now
RTI is among the most-tested governance laws — CIC/SIC structure, exemptions under Section 8, the controversial RTI (Amendment) Act 2019 on tenure and salaries of Commissioners, and the Second ARC report that informed the architecture.
Background: Mazdoor Kisan Shakti Sangathan + Press Council
The RTI campaign began in Rajasthan in 1990 under Aruna Roy’s Mazdoor Kisan Shakti Sangathan (MKSS), demanding access to muster rolls of NREGA-era works to expose corruption. The Press Council’s 1996 report and the Second Administrative Reforms Commission (2005) shaped the final structure. The Act was enacted on 15 June 2005 and came into force on 12 October 2005.
Key provisions
| Section | Provision |
|---|---|
| § 2 (h, j) | “Public authority” defined — any body of govt, including PSUs and bodies substantially financed by govt. Excludes intelligence and security organisations listed in the Second Schedule. |
| § 4 | Suo motu disclosure — public authorities must proactively publish 17 categories of info on their websites. |
| § 5 | Public Information Officer (PIO) in every public authority; First Appellate Authority above the PIO. |
| § 6, 7 | Citizen application with Rs 10 fee; PIO replies within 30 days (48 hours if life/liberty involved). |
| § 8, 9 | Exemptions — security/sovereignty (cabinet papers until decision is made), commercial confidence, fiduciary, third-party, foreign govt, judicial sub-judice, intelligence agencies (Schedule II). |
| § 12, 15 | Central Information Commission (CIC) at Centre; State Information Commission (SIC) in each state. |
| § 19 | Two-tier appeal: First Appellate Authority → Information Commission. |
| § 20 | Penalty Rs 250/day (max Rs 25,000) on PIO for delay; disciplinary action possible. |
The 2019 Amendment controversy
The RTI (Amendment) Act 2019 empowered the Centre to fix the tenure, salaries and service conditions of CIC, State CICs and Information Commissioners by rule — replacing the statutory parity with Election Commissioners. Critics argued this undermined the independence of the Information Commissions. The Supreme Court is yet to rule on multiple challenges.
Other gaps: 3+ lakh RTI applications pending at CIC; vacancies; intimidation/violence against RTI activists (10+ killed since 2010 per Commonwealth Human Rights Initiative).
UPSC angle
Know RTI Act 2005 — enacted 15 Jun 2005, force 12 Oct 2005, trigger MKSS (Aruna Roy) Rajasthan 1990 + Second ARC; Suo motu disclosure (§4); PIO + First Appellate Authority (§5); 30-day reply (§7), 48 hrs for life/liberty; Section 8 exemptions; CIC (§12) + SIC (§15); RTI Amendment 2019 transferred CIC/SIC tenure & salary fixing to Centre by rule (vs statutory parity with EC), under SC challenge.
Frequently asked questions
When did the RTI Act come into force?
12 October 2005, four months after enactment on 15 June 2005.
Who can file an RTI application?
Any citizen of India. (Non-citizens may seek info under other transparency provisions.)
What is the time limit for the PIO to reply?
30 days from receipt; 48 hours if the information concerns the life or liberty of a person.
What changed in the 2019 Amendment?
It empowered the Centre to fix the tenure, salaries and service conditions of the Information Commissioners by rule — replacing the earlier statutory parity with Election Commissioners.