RTI section 22 and the Official Secrets Act
Quick Reply: Section 22 of the RTI Act says the 2005 Act prevails over anything inconsistent in the Official Secrets Act, 1923, and in any other law. An OSA stamp is not, by itself, a refusal ground. Genuine security material is still examined under §8(1)(a), with a public-interest override in §8(2).
Topic explainer · RTI Act ss.22, 8(1)(a), 8(2) · not a 2016 Supreme Court case
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923.
Legal sources
| Nature | Topic explainer. Not a case report. |
|---|---|
| Primary law | RTI Act, 2005, s.22, s.8(1)(a), s.8(2) |
| Decisions fetched | CBSE v. Aditya Bandopadhyay, 9 August 2011. Manohar Lal Sharma vs Narendra Damodardas Modi on 10 April, 2019. |
Holding
The rule is the section, not a 2016 cause title. Section 22 is headed “Act to have overriding effect”. Two Supreme Court judgments quote it in terms.
Ratio
Section 22 reads: “The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.”
In CBSE v. Aditya Bandopadhyay the Court extracted s.22 and held that the RTI Act prevails over inconsistent examining-body bye-laws. The same extract names the Official Secrets Act as the first statute s.22 speaks of.
In the Rafale review order, Manohar Lal Sharma vs Narendra Damodardas Modi on 10 April, 2019, K.M. Joseph J quoted s.22 in the same words, and quoted §8(2): “Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.”
Section 8(1)(a) still exempts information whose disclosure would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, or relation with a foreign State. The right path for a security objection is that clause, with reasons, not a bare OSA rubber stamp. §8(2) remains available where public interest outweighs the harm.
Section(s) applied
- Section 22 - overriding effect
- Section 8(1)(a) - security and strategic interests
- Section 8(2) - public-interest override, including as against the OSA
Related
Sources
- Section 22 in The Right to Information Act, 2005, https://indiankanoon.org/doc/1971086/
- RTI Act s.22 and s.8 as published on this site
- Centrlal Board Of Sec.Education & Anr vs Aditya Bandopadhyay & Ors on 9 August, 2011, (2011) 8 SCC 497, https://indiankanoon.org/doc/1519371/
- Manohar Lal Sharma vs Narendra Damodardas Modi on 10 April, 2019, (2019) 6 SCC 1, AIR 2019 SC 1802, https://indiankanoon.org/doc/126750916/
Editorial summary, not a certified report. This page states statute and, where named, a real decision that was fetched. It is not a substitute for the full text. RTI Wiki is not a legal service.
Last reviewed: 11 September 2026.