The Right to Information Act, 2005, is a crucial topic in Judiciary Exams, covering citizens’ access to government information. This guide explains RTI’s key provisions, exemptions, landmark case laws, and exam strategies to help judiciary aspirants succeed. Read now to master RTI for PCS-J and APO Exams!
Introduction: Why the Right to Information Act is Important for Judiciary Exams
The Right to Information Act, 2005 (RTI Act) is one of the most significant pieces of legislation in administrative and constitutional law. It empowers citizens to seek information from public authorities, ensuring transparency and accountability in governance.
For Judiciary Exam Aspirants, the RTI Act is a frequently tested topic in:
✔ Prelims (Objective Questions on Sections & Definitions)
✔ Mains (Descriptive Questions on Exemptions & Judicial Interpretations)
✔ Interview (Application-based Questions on RTI in Governance & Law)
This blog provides a detailed guide on the RTI Act, covering important provisions, exemptions, case laws, and exam strategies to help judiciary aspirants master this topic.
1️⃣ Understanding the Right to Information Act, 2005
📜 What is the Right to Information Act?
The Right to Information Act, 2005 is an empowerment law that provides citizens the right to access information held by public authorities.
📌 Objective of the RTI Act
✔ Promotes transparency & accountability in government institutions.
✔ Prevents corruption by ensuring public access to government records.
✔ Empowers citizens to question public authorities.
📌 Statutory Reference
- Enacted on: 12th October 2005
- Applicability: Covers all states & Union Territories, except Jammu & Kashmir (until Article 370 repeal in 2019).
- Public Authorities Covered: Government departments, PSUs, Constitutional bodies, NGOs (substantially funded by govt).
📌 Judiciary Exam Tip:
✅ RTI does NOT apply to private bodies, except when funded by the government.
2️⃣ Important Provisions & Sections in the RTI Act
📌 Section 2(h) – Definition of Public Authority
✔ A Public Authority is any authority, body, or institution of self-government established by:
- The Constitution (e.g., Election Commission, Supreme Court, Parliament).
- Any law made by Parliament or State Legislature.
- Any Government notification/order.
- Public Sector Undertakings (PSUs) & NGOs substantially funded by the government.
📌 Prelims Question: Under RTI Act, which section defines Public Authorities?
✅ Section 2(h)
📌 Mains Question: Explain the term ‘Public Authority’ under the RTI Act with case laws.
📌 Section 3 – Right to Information (RTI)
✔ All citizens have the right to access any information held by a public authority.
✔ Information can be inspected, copied, certified, or supplied electronically.
📌 Prelims Question: Who has the right to file an RTI application?
✅ Any citizen of India (Section 3)
📌 Section 6 – Filing an RTI Application
✔ RTI requests must be clear & precise, mentioning the specific information required.
✔ Application fee is ₹10 (varies in states).
✔ No reason for seeking information needs to be provided.
📌 Case Law: CBSE v. Aditya Bandopadhyay (2011)
✅ The Supreme Court held that citizens have the right to access their evaluated answer sheets under RTI.
📌 Mains Question: Explain the procedure for filing an RTI application under Section 6.
📌 Section 7 – Time Limit for Providing Information
✔ 30 days – Standard reply time.
✔ 48 hours – If it relates to life & liberty.
✔ 40 days – If third-party information is involved.
📌 Prelims Question: What is the time limit for providing information under RTI Act?
✅ 30 days (general), 48 hours (life & liberty), 40 days (third-party cases)
📌 Section 8 – Exemptions from RTI
Not all information is accessible under RTI. Certain categories of information are exempted, including:
Exemption Grounds | Example |
---|---|
National Security | Defense & Intelligence Agencies |
Foreign Relations | Diplomatic matters, treaties |
Confidential Third-Party Info | Trade secrets, corporate contracts |
Court-Protected Information | Subjudice matters |
Personal Information | Aadhar details, private addresses |
📌 Case Law: Girish Ramchandra Deshpande v. CIC (2012)
✅ The SC ruled that personal information of public servants is exempt unless it affects public interest.
📌 Mains Question: Discuss the exemptions under Section 8 of the RTI Act with case laws.
3️⃣ RTI and the Judiciary: Key Supreme Court Cases
Judiciary plays a crucial role in interpreting RTI provisions. Here are landmark judgments related to RTI:
📌 Central Public Information Officer, SC v. Subhash Chandra Agrawal (2019)
✅ Supreme Court ruled that CJI’s office comes under RTI but with exemptions for sensitive information.
📌 Union of India v. Association for Democratic Reforms (2002)
✅ SC ruled that voters have a right to know candidates’ criminal & financial background under RTI.
📌 State of U.P. v. Raj Narain (1975)
✅ First case recognizing the right to information as a fundamental right under Article 19(1)(a).
📌 Prelims Question: Which case brought the Supreme Court under RTI?
✅ Subhash Chandra Agrawal Case (2019)
4️⃣ Exam Strategy for Judiciary Aspirants
📌 Step 1: Memorize Key Sections – Focus on Sections 2(h), 3, 6, 7, 8, and 19.
📌 Step 2: Understand Judicial Interpretations – Supreme Court case laws are often asked in Mains & Interviews.
📌 Step 3: Practice PYQs (Previous Year Questions) – Solve MCQs for Prelims and descriptive answers for Mains.
📌 Step 4: Stay Updated on RTI Amendments – Judiciary examiners often ask current RTI developments.
Conclusion: Why RTI is Essential for Judiciary Exam Success
The Right to Information Act, 2005, is one of the most tested topics in Judiciary Exams. Mastering sections, exemptions, and case laws is essential for tackling Prelims, Mains, and Interviews confidently.
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