RTI Wiki — Quotable ratios from landmark rulings

Post-DPDP 2025: §8(1)(j) exempts personal info absolutely; override by §8(2), not the old proviso.

Citizens' right to know political funding flows from Article 19(1)(a); electoral bonds unconstitutional.

Post-ADR (Electoral Bonds 2024): RTI disclosures of donor + political-party receipt data now permissible.

Lok Pal = §2(h) public authority; live-inquiry records §8(1)(h), closed-case orders disclosable.

§6(3) 5-day transfer is a strict deadline; delayed transfer → §20 exposure for outgoing PIO.

§7(3) additional-fee intimation must be WRITTEN and cite right-to-review; stops 30-day clock.

CJI office IS a public authority; judges' assets & correspondence tested via §8(1)(j) public-interest balancing.

Timely, transparent IC appointments mandated; vacancies must be filled before they arise.

Non-govt colleges receiving substantial State financing fall within §2(h); must appoint PIOs.

2019 Amendment: Commissioner tenure (previously 5 years) now determined by Central Rules; critics argue it reduces independence.

UIDAI biometric data absolutely protected; §8(1)(j) + Aadhaar Act privacy override RTI access.

Collegium's final resolutions disclosable; internal deliberative records subject to §8(1)(j) balancing.

Proactive disclosure under §4 is a continuing duty; governments cannot substitute it with §6 responses.

UPSC's scaling & raw-score methodology, cut-off mechanics and marks-moderation records are §8(1)(e) / (d) protected.

Privacy is a fundamental right; post-Puttaswamy, §8(1)(j) and DPDP framework strengthened.

§23 bars civil-court jurisdiction; writ remedy under Articles 226/32 remains available.

§22 overrides OSA 1923 to extent of inconsistency; §8(1)(a) security carve-out continues independently.

Regulator does NOT hold regulated-entity data in fiduciary capacity; §8(1)(e) rejected.

PMNRF is a public authority under §2(h); its donor, disbursal and trustee records are disclosable under RTI.

Own service record is accessible to the concerned public servant; §8(1)(j) does not protect against the data subject.

§2(h) two-step test: owned/controlled OR SUBSTANTIALLY financed — 'substantial' means significant, not token.

§8(1)(i): Cabinet records disclosable AFTER decision is taken and announced; not a permanent secret.

Substantial financing includes concessional benefits (land, rates); IOA brought under §2(h).

Six national political parties ruled public authorities under §2(h); compliance remains unresolved.

Relaxes the earlier Namit Sharma requirement of judicial-only benches for Information Commissions.

Service records of public servants are primarily personal information; disclosure requires clear public interest.

Qualification & composition of Information Commissions revisited; two-member bench rule later relaxed.

Names of interview-panel members protected under §8(1)(g); candidate's own marks disclosable.

§22 RTI overrides inconsistent provisions in other laws (e.g., Official Secrets Act) unless expressly saved.

Examiner–examinee is NOT a fiduciary relationship; answer sheets accessible under RTI.

Question-paper preparation, moderation, mark-scheme = fiduciary information under §8(1)(e).

§18 complaint ≠ §19 appeal. Commission cannot direct disclosure of information under §18; only §19 permits that.

Judicial reasoning is not 'information'; PIO cannot be compelled to explain a judge's thought process.

Compilation burden is not a §8 ground; PIO must provide information held in records.

§11 third-party notice omission vitiates the PIO's final order.

CJI's office is a public authority; judges' assets accessible subject to §8(1)(j) balancing.

§8(1)(h) is not a blanket bar for police files; requires demonstrable prejudice to actual ongoing investigation.

Voters have a fundamental right to know candidates' educational and criminal background.

Disclosure is the rule; secrecy the exception. Open government is the basic rule.

Pre-RTI foundation: 'people are entitled to know the particulars of every public transaction in all its bearing'.