RTI – CIC, RTI Backlog, etc.

RTI trumps Official Secrets Act, says SC


Mains Paper 2: Polity | Structure, organization & functioning of the Executive & the Judiciary

From the UPSC perspective, the following things are important:

Prelims level: OSA, RTI

Mains level: Importance of RTI in enhancing transparency and accountability


  • An all-out effort by the government to claim privilege and push the Rafale jets’ pricing details back into the dark zone was rejected by the apex court.


  • But Justice Joseph, one of the three judges on the Bench, asked the government to read out Sections of the Right to Information (RTI) Act, 2005.
  • The judge said the information law has revolutionized governance and overpowered notions of secrecy protected under the Official Secrets Act, 1923.
  • The Section 22 of the RTI Act, which declared the RTI to have an “overriding effect” over OSA.
  • Then Section 24 mandates even security and intelligence organisations to disclose information on corruption and human rights violations.
  • Section 8(2) compels the government to disclose information “if public interest in disclosure outweighs the harm to protected interests.

Govt. Stance

  • The government wants the court to refrain from examining the documents, which have already been published in the media on the purchase of the Rafale fighter aircraft.
  • It claimed the documents were illicitly photocopied from the originals kept in the Ministry of Defence and sneaked into the public domain.
  • The government said the leak was a “conspiracy” to jeopardize national security and friendly relations with France.

Assist this newscard with:

Explained: India’s Official Secrets Act, its history and use


Right to Information

  • Right to Information (RTI) is an Act of the Parliament of India to provide for setting out the practical regime of right to information for citizens.
  • It replaces the erstwhile Freedom of information Act, 2002.
  • Under the provisions of the Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days.
  • The Act also requires every public authority to computerize their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally.
  • Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes.
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