RTI Act 2005: Timelines, Exemptions and Information Commissions
UPSC DRDO Senior Administrative Officer: lesson notes, 10 MCQs with explanations and score analysis.
The Right to Information Act, 2005 received assent on 15 June 2005 and came fully into force on 12 October 2005. Questions on it turn on numbers and section references, so precision matters more than breadth. DRDO is itself a Second Schedule organisation, which gives the Act direct relevance for its administrative officers.
1. Timelines and Procedure
| Stage | Time limit | Provision |
|---|---|---|
| Transfer to the correct public authority | 5 days | S. 6(3) |
| Normal reply by PIO | 30 days | S. 7(1) |
| Information concerning life or liberty | 48 hours | S. 7(1) |
| Application received through an APIO | Add 5 days | S. 5(2), 7 |
| Third-party information | 40 days | S. 11 |
| First appeal (to officer senior in rank to PIO) | Filed within 30 days; disposed in 30 days, extendable to 45 | S. 19(1), 19(6) |
| Second appeal to CIC/SIC | Within 90 days | S. 19(3) |
If the PIO fails to meet the deadline, the information must be supplied free of charge (S. 7(6)). The applicant is not required to give reasons for the request (S. 6(2)).
Section 2(j) defines the right broadly: inspection of works, documents and records; taking notes, extracts or certified copies; taking certified samples of material; and obtaining information in electronic form.
2. Exemptions and the Second Schedule
Section 8
Section 8(1) lists the grounds on which information may be refused. Section 8(2) permits disclosure, notwithstanding the Official Secrets Act or the 8(1) exemptions, where public interest outweighs the harm to protected interests. Section 8(3) applies a 20-year rule: information about events twenty years old must be provided, except under clauses (a), (c) and (i).
Section 10: Severability
Where only part of a record is exempt, that portion is withheld and the remainder released.
Section 24: Second Schedule organisations
Intelligence and security organisations listed in the Second Schedule, including DRDO, are outside the Act, except for information on allegations of corruption and human rights violations. Human rights information is supplied only after approval of the Central or State Information Commission, and within 45 days of the request.
3. Commissions and Enforcement
Structure
The Central Information Commission comprises the Chief Information Commissioner and up to ten Information Commissioners (S. 12). The President appoints them on the recommendation of a committee of the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. State Information Commissions follow a parallel structure (S. 15): the Governor appoints on the recommendation of the Chief Minister, the Leader of Opposition in the Legislative Assembly and a Cabinet Minister nominated by the Chief Minister.
The 2019 Amendment
The original Act fixed a five-year term and linked salaries to those of the Chief Election Commissioner and Election Commissioners. The RTI (Amendment) Act, 2019 removed both, leaving term and salary to be prescribed by the Central Government. The 2019 rules set the term at three years.
Complaint versus appeal
Section 18 (complaint) covers situations such as no PIO being appointed, refusal to accept an application, no response within time or an unreasonable fee. The Commission inquires with the powers of a civil court. Section 19 (appeal) challenges the decision on the request itself.
Penalty and overriding provisions
Section 20 provides a penalty of Rs 250 per day, capped at Rs 25,000, imposed on the PIO personally, not on the public authority. Section 22 gives the Act overriding effect over the Official Secrets Act, 1923 and other inconsistent laws. Section 23 bars the jurisdiction of courts over orders under the Act, though writ jurisdiction under Articles 32 and 226 remains.
Practice: 10 MCQs
Attempt all questions, then submit to see explanations and your score analysis.