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Section 4 — Obligations of Public Authorities

Section 4 — Obligations of Public Authorities

Notice on DPDP Rules, 2025. The Digital Personal Data Protection Rules, 2025 were notified on 14 November 2025. With this notification, Section 44(3) of the Digital Personal Data Protection Act, 2023 became operational and amended Section 8(1)(j) of the Right to Information Act, 2005. The earlier public interest override within clause (j) stands removed. Public interest reasoning now operates through Section 8(2) of the RTI Act, which has not been amended. This page has been reviewed in the light of this change. For the full practitioner note, see DPDP Rules, 2025: The amendment to Section 8(1)(j) of the RTI Act.

· 2026/04/19 05:02 · 0 Comments

In one line: Section 4 places a proactive duty on every public authority to publish information on its own — without waiting for RTI applications. The core is Section 4(1)(b) with 17 categories. Sub-sections 4(1)©-(d) require pre-decision publication and reasoned orders. Section 4(2)-(4) require electronic dissemination in local language.

Why Section 4 matters

A compliant Section 4 disclosure eliminates 60-70 percent of potential RTIs. The Supreme Court in Anjali Bhardwaj v. UoI, (2020) 11 SCC 345 treated non-compliance as a contributor to Information Commission backlogs. A fully-functional Section 4 page on every department's website is the Act's preventive medicine.

The 17 categories (Section 4(1)(b))

See our full Suo Motu Disclosure explainer with the 17-category table + flow diagram. Summary:

  • Organisation, functions, duties, decision-making, rules, documents held, public-consultation arrangements, committees/boards with minutes, directory of officers, monthly pay, budget, subsidy execution, beneficiary list, electronic information, citizen facilities, PIO contact.

Legislative history

  • 12 October 2005 — commenced.
  • 2006, 2013 DoPT OMs — operational guidance issued.
  • 2019 amendment — no change to Section 4.
  • DPDP 2025 — indirectly touches Section 4 to the extent beneficiary-list publication under 4(1)(b)(xiii) must respect the amended Section 8(1)(j) privacy test.

Landmark rulings

  • Anjali Bhardwaj v. Union of India, (2020) 11 SCC 345 — SC directions on Commission oversight of Section 4 implementation.
  • State of U.P. v. Raj Narain, (1975) 4 SCC 428 — foundational right-to-know jurisprudence later crystallised in Section 4.
  • CIC Decision CIC/SA/A/2013/000132 — Commission can direct time-bound publication with monthly progress reports.
  • S.P. Gupta v. President of India, AIR 1982 SC 149 — right of citizens to know the functioning of government.

Enforcement under 4

Two routes when a public authority is non-compliant:

  1. File an RTI under Section 6 seeking the 17 categories. If refused, 19(1) then 19(3).
  2. File a Section 18 complaint directly to the Information Commission — no RTI needed.

Section 19(8)(a)(vi) empowers the Commission to direct compliance with Section 4(1)(b).

Drafting

Template in your RTI to trigger Section 4 audit:

1. A copy of the Section 4(1)(b) information published by
   [department] as on [date], sub-clauses (i) to (xvii),
   with URLs and last-updated dates for each.

2. A copy of the Section 4 compliance report filed by
   [department] with the Information Commission for the
   last three financial years.

Sources

  1. RTI Act, 2005, Section 4.
  2. Anjali Bhardwaj v. Union of India, (2020) 11 SCC 345.
  3. State of U.P. v. Raj Narain, (1975) 4 SCC 428.
  4. S.P. Gupta v. President of India, AIR 1982 SC 149.
  5. DoPT OM No. 1/6/2011-IR dated 15 April 2013.

Last reviewed on: 21 April 2026

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