act:section-10
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| + | metatag-description=(Section 10 of the RTI Act — severability. Even when part of a record is exempt under Section 8/9, the non-exempt portion must be disclosed. Full reference with rulings and drafting counters.)}} | ||
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| + | ====== Section 10 — Severability ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **In one line:** Section 10 prevents the common PIO move of refusing a whole record because part of it is exempt. **If any part can be severed, it must be disclosed**. Section 10(1) requires a reasoned decision stating what is severed and why. Section 10(2) requires that the reasons be given to the applicant. | ||
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| + | ===== Full text ===== | ||
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| + | * **10(1)** — Where a request for access is rejected, the PIO may give access to that part of the record which does not contain any exempt information and which can reasonably be severed. | ||
| + | * **10(2)** — The applicant shall be given a notice stating: (a) only part is disclosed, (b) reasons, (c) name and designation of the person making the decision, (d) fee details, (e) appeal rights. | ||
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| + | ===== Why it matters ===== | ||
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| + | Without Section 10, PIOs would refuse entire tender files because one signature was " | ||
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| + | ===== Landmark rulings ===== | ||
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| + | * **//CBSE and Anr. v. Aditya Bandopadhyay//, | ||
| + | * **//Bhagat Singh v. CIC//, Delhi HC (2007)** — if Section 8(1)(h) investigation exemption is invoked, only investigation-impeding portions can be withheld; rest must be severed. | ||
| + | * **//Girish Ramchandra Deshpande v. CIC//, (2013) 1 SCC 212** — personal information should be severed, not used to refuse the whole record. | ||
| + | * **CIC in //Subhash Agarwal v. Ministry of Finance//** — severance analysis must appear in the PIO's speaking order, not as an afterthought. | ||
| + | |||
| + | ===== Common non-severance patterns ===== | ||
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| + | ^ Refusal pattern | ||
| + | | "The whole file contains personal information" | ||
| + | | " | ||
| + | | "Would require too much editing" | ||
| + | | "File is one integrated document" | ||
| + | |||
| + | ===== Drafting the severance clause ===== | ||
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| + | Always include in your RTI: | ||
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| + | < | ||
| + | If any portion of the above information is exempt under | ||
| + | Section 8 or Section 9, kindly apply Section 10(1) and | ||
| + | disclose the non-exempt portion with reasons stated under | ||
| + | Section 10(2) for each severance. | ||
| + | </ | ||
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| + | And in your first appeal if the PIO refuses wholesale: | ||
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| + | < | ||
| + | The PIO's refusal violates Section 10(1), which requires | ||
| + | disclosure of non-exempt portions with reasons for severance. | ||
| + | A bare claim of exemption over the whole record, without | ||
| + | identifying the specific exempt portions and attempting | ||
| + | severance, is a non-speaking order appealable on that | ||
| + | ground alone. | ||
| + | </ | ||
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| + | ===== Related ===== | ||
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| + | * [[act|Back to the full RTI Act]] | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[: | ||
| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | - RTI Act, 2005, Section 10. | ||
| + | - //CBSE and Anr. v. Aditya Bandopadhyay//, | ||
| + | - //Bhagat Singh v. CIC//, Delhi HC (2007). | ||
| + | - //Girish Ramchandra Deshpande v. CIC//, (2013) 1 SCC 212. | ||
| + | |||
| + | //Last reviewed on: 21 April 2026// | ||
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| + | {{tag> | ||
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