Right to Information Act, 2005

The Right to Information Act, 2005, is a landmark legislation in India that empowers citizens with the right to access information held by public authorities. Enacted to promote transparency and accountability in governance, the act defines public authorities and prescribes time limits for responding to information requests. 

However, certain categories of information are exempted from disclosure to safeguard specific interests. The act also incorporates the principle of severability to ensure maximum disclosure while protecting sensitive information.

Public Authorities Defined

The Right to Information Act, 2005, defines public authorities broadly to include various governmental bodies and institutions. It encompasses Parliament, State Legislatures, Supreme Court, High Courts and administrative offices like the Election Commission, Comptroller and Auditor General and Union Public Service Commission. These entities play a crucial role in the functioning of the country and are subject to public scrutiny through the act.

Time Limit for Compliance

The act sets a time limit of 30 days for public authorities to respond to information requests from citizens. This ensures that citizens receive timely access to the information they seek. In cases where third-party interests are involved, the act allows an extension of up to 40 days to respond to the request. This provision balances the right to information with the need to protect sensitive information and privacy.

Exemptions from Disclosure

While the Right to Information Act upholds the citizens’ right to access information, it also recognises that certain categories of information need to be safeguarded. Sections 8 and 9 of the act list various exemptions where disclosure of information may harm national security, personal privacy, or the functioning of certain institutions. These exemptions are essential to strike a balance between transparency and the protection of legitimate interests.

Principle of Severability

The Right to Information Act incorporates the principle of severability to promote maximum disclosure while protecting sensitive information. Under this principle, if a specific part of the requested information is exempt from disclosure, public authorities are required to provide the remaining non-exempt information to the applicant. This ensures that citizens receive as much information as possible while respecting the exemptions provided by the act.