RTI Act, 2005 in India

The Right to Information Act, 2005

Territorial extent Whole of India except the State of Jammu and Kashmir

Enacted by Parliament of India

Date enacted 15-06-2005

Date assented to 15-06-2005

Date commenced 15-06-2005

The Right to Information Act 2005 (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens." The Act applies to all States and Union Territories of India except the State of Jammu and Kashmir. Jammu and Kashmir has its own act called Jammu & Kashmir Right to Information Act, 2009. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. Every citizen has a right to know how the Government is functioning. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Some laws on Right to Information also empower citizens to official inspect any Government work or to take sample of material used in any work.

Right to Information includes the right to:

1.Inspect works, documents, records.

2.Take notes, extracts or certified copies of documents or records.

3.Take certified samples of material.

4.Obtain information in form of printouts, diskettes, floppies, tapes, video , cassettes or in any other electronic mode or through printouts.

"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, 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.

"record" includes:

a) Any document, manuscript and file

b) Any microfilm, microfiche, and facsimile copy of a document

c) Any reproduction of image or images embodied in such microfilm (whether enlarged or not); and

d) Any other material produced by a computer or any other device;

An applicant cannot ask for opinions/advice/views under the RTI Act, unless the opinion/advice/view is already on "record".

However, under Section 4(1)(d), an applicant can ask for "reasons" behind a administrative or quasi judicial decision of a public authority, especially if he is a "affected person".