"An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto."

Right to Information Act 2005 (Act No. 22/2005) is an act enacted by the Parliament of India, which came into force on 15th June 2005. The Act was enacted with a view to enable the citizens of India to have access to the information under the control of authorities defined to be public authorities under the Act. The Act mandates that from 12th October 2005, the general public (of India) may approach the public authorities including the departments of the federal government, state governments, government bodies, public sector companies and public sector banks to make available the information as requested. The Act further mandates that all public authorities are expected to publish the information under Sec. 4 (1) (b) of the Act on various issues relating to the institution through its computerized network.

All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.

The Right to Information Act 2005 was enacted with the major objective to provide for the right of access to information to the citizens of the state, and in relation to the matters connected to it. It tries to make the state workings more transparent and eliminate high handedness, partiality and lobbying.

It is accepted by the Supreme Court of India as a part of right to speech and expression guaranteed to citizens in the Constitution. It tries to promote openness, transparency and accountability in administration and ensures effective participation of people in the administration and thus implement a more meaningful form of democracy.

In terms of section 1(2) of the Act, it extends to the whole of India except the state of Jammu and Kashmir.

In terms of the section 2(f) of the Act, information has been defined as 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, but does not include "file notings."

Under the Act (section 2 (j), right to information includes the right to -

• inspect works, documents, records.
• take notes, extracts or certified copies of documents or records.
• take certified samples of material.
• obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.

The following is exempt from disclosure [S.8)]

• information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, *strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence
• information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
• information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
• information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public
• interest warrants the disclosure of such information;
• information available to a person in his fiduciary relationship, unless the competent authority is satisfied that *the larger public interest warrants the disclosure of such information;
• information received in confidence from foreign Government;
• information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
• information which would impede the process of investigation or apprehension or prosecution of offenders;
• cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
• information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual;
• Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

In terms of the section 10 of the Act, only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided.

Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission

The section 26 of the Act enjoins upon the federal government, as also the state governments of the Republic of India to initiate necessary steps to:

• Develop educational programmes for the public especially disadvantaged communities on RTI.
• Encourage Public Authorities to participate in the development and organization of such programmes.
• Promote timely dissemination of accurate information to the public.
• Train officers and develop training materials.
• Compile and disseminate a User Guide for the public in the respective official language.
• Publish names, designation postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if request is rejected etc.

  Central Government, State Governments and the Competent Authority as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28)

  If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)