B.A. LL.B. (Five Years) Sem 8 Right to Information 2018 Jun Question Paper with Solutions

For full marks, cover: the Act in brief (Act 22 of 2005; assent 15 June 2005; fully in force 12 October 2005); its objects from the long title and Preamble (a working right for citizens, transparency and accountability, informed citizens against corruption, balance with other public interests, independent Commissions); its salient features: a citizen's right (section 3), wide meanings of information and public authority (sections 2(f), 2(h)), proactive disclosure (section 4), officers and simple procedure (sections 5, 6), time limits and fees (section 7), a closed list of exemptions with severance, third party protection, the public interest override and the twenty-year rule (sections 8 to 11), Information Commissions (sections 12 to 17), appeals, complaints and penalties (sections 18 to 20), overriding effect and bar of courts (sections 22, 23), excluded organisations with provisos (section 24), monitoring, education and rules (sections 25 to 29), repeal of the 2002 Act (section 31); cases on the features (Aditya Bandopadhyay, Bhagat Singh, State of Manipur); later changes (2019, 2025); an assessment (Anjali Bhardwaj); a table.

4. Balance. To harmonise disclosure with efficient government, limited fiscal resources and confidentiality of sensitive information, "while preserving the paramountcy of the democratic ideal".
5. Independent enforcement. To constitute a Central Information Commission and State Information Commissions.

Salient features

1. A right of every citizen. "All citizens shall have the right to information" (section 3). No reason need be given (section 6(2)).

2. Wide meanings. "Information" covers material in any form, including e-mails, opinions, advices and data in electronic form (section 2(f)). It also covers information about private bodies that a public authority can access under another law. The right includes inspection, notes, certified copies, samples and electronic copies (section 2(j)).

3. Wide coverage. "Public authority" covers bodies set up by the Constitution, by law or by notification. It also covers bodies owned, controlled or substantially financed by the Government, and non-governmental organisations substantially financed by it (section 2(h)).

9. Public interest override. Information may be given, notwithstanding the Official Secrets Act or the exemptions, if the public interest outweighs the harm (section 8(2)).

10. The twenty-year rule. Information about events twenty years old must generally be given, except under clauses (a), (c) and (i) (section 8(3)).

11. Severance. The non-exempt part of a record must be given (section 10).

12. Third party protection. A third party must be given notice and heard before its confidential information is disclosed (section 11).

13. Independent Commissions. The Act creates a Central Information Commission and State Information Commissions (sections 12 to 17). Their members are chosen by committees that include the Leader of Opposition, and removed only after a Supreme Court inquiry.

14. Appeals, complaints and penalties. There is a first appeal inside the authority and a second appeal to the Commission, as well as a direct complaint to the Commission. Defaulting officers face personal penalties up to Rs 25,000 (sections 18 to 20).

1. Existing information only. In Central Board of Secondary Education v. Aditya Bandopadhyay, (2011) 8 SCC 497, students sought their evaluated answer books. The Supreme Court held that they are "information" and must be shown, with examiners' names masked under section 10. But it held that the Act requires an authority to give existing information, not to create it or give opinions.
2. Exemptions read strictly. In Bhagat Singh v. Chief Information Commissioner, 146 (2008) DLT 385, the Delhi High Court said that "access to information under Section 3 of the Act, is the rule and exemptions under Section 8, the exception". An authority relying on an exemption must show reasons based on material.
3. Two remedies. In Chief Information Commissioner v. State of Manipur, (2011) 15 SCC 1, the Supreme Court held that the complaint under section 18 and the appeal under section 19 serve different purposes. Only the appeal can lead to an order for disclosure.

Conclusion. The RTI Act 2005 aims to turn the citizen's right to know into a practical right. Through it, public authorities become transparent and accountable, and corruption is contained. It balances this against other public interests and entrusts enforcement to independent Commissions. Its salient features are a simple, cheap and time-bound procedure, wide coverage, proactive disclosure and a closed list of exemptions. Severance, third party protection, a public interest override and the twenty-year rule refine those exemptions. Two-tier appeals, complaints, personal penalties and overriding effect enforce the right. The 2019 and 2025 amendments have since altered the Commissioners' terms and the personal information exemption.