Last Updated: May 2026
The Right to Information Act 2005 codifies the citizen’s right to access government information — a right the Supreme Court traced to Article 19(1)(a) freedom of speech and expression in State of UP v. Raj Narain (1975). With the contentious 2019 amendment in force and recurring challenges to Information Commission appointments, RTI is a guaranteed CLAT 2027 topic — especially in legal-reasoning passages on transparency, privacy and exemptions.
RTI 2005 at a Glance
| Element | Position |
|---|---|
| Statute | Right to Information Act, 2005 (in force 12 October 2005) |
| Constitutional anchor | Article 19(1)(a) — freedom of speech and expression |
| Total sections | 31 |
| Coverage | All Public Authorities funded substantially by government |
| Time limit for response | 30 days (48 hours if life or liberty) |
| Application fee | ₹10 (BPL applicants exempt) |
| Penalty for default | ₹250 per day, max ₹25,000 (Section 20) |
The RTI Architecture — Three Tiers
- Public Information Officer (PIO) — every public authority designates one
- First Appellate Authority (FAA) — appeal within 30 days of PIO’s response
- Information Commissions — Central (CIC) and State (SIC); appeals/complaints under Sections 18 and 19
Section 8 — The 10 Exemptions
Section 8(1) lists ten categories of information that shall not be disclosed. Memorise these — CLAT loves to test which exemption applies to a fact-pattern.
- (a) Information prejudicial to sovereignty, integrity, security, strategic, scientific or economic interests, foreign relations
- (b) Information forbidden by court or tribunal
- (c) Information whose disclosure would cause breach of privilege of Parliament/legislature
- (d) Commercial confidence, trade secrets, intellectual property — unless larger public interest
- (e) Information held in fiduciary capacity — unless larger public interest
- (f) Information received in confidence from a foreign government
- (g) Information whose disclosure endangers life or physical safety, identifies confidential source
- (h) Information that would impede the process of investigation, apprehension or prosecution
- (i) Cabinet papers — but final decisions and reasons must be disclosed after the matter is over
- (j) Personal information unrelated to public activity, invasion of privacy — unless larger public interest
Public Interest Override: Section 8(2) — even exempted information must be disclosed if public interest in disclosure outweighs harm to protected interest.
The 2019 Amendment — Why It Matters
The 2019 amendment took the salaries, allowances and tenure of Information Commissioners out of the statute and gave the Centre rule-making power to fix them. Critics argued it weakened the independence of the Information Commissions. The amendment is the subject of ongoing constitutional challenges that CLAT may reference in passages.
Landmark Cases for CLAT 2027
- S.P. Gupta v. Union of India (1981) — RTI flows from Article 19(1)(a)
- CBSE v. Aditya Bandopadhyay (2011) — exam answer sheets are “information” under RTI
- Subhash Chandra Agarwal v. SC (2019) — judges’ assets held by CJI come within RTI
- Anjali Bhardwaj v. UoI (2019) — pendency in Information Commissions; SC mandated time-bound appointments
- K.S. Puttaswamy v. UoI (2017) — privacy is a fundamental right; informs Section 8(1)(j) balancing
Section 4 — Suo Motu Disclosure
Often missed: Section 4 mandates 17 categories of information to be published proactively by every public authority — organisational structure, powers, functions, budget, beneficiaries, etc. The Supreme Court in 2024 reiterated that non-compliance with Section 4 frustrates the Act’s purpose.
20 Practice MCQs — RTI Act for CLAT 2027
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Frequently Asked Questions
What is the time limit for the PIO to respond to an RTI application?
30 days from receipt. If the information concerns the life or liberty of a person, the response must be given within 48 hours. The 30-day clock is suspended if fees are sought from the applicant.
Can a citizen seek information about the assets of judges?
Yes. Subhash Chandra Agarwal v. SC (2019) held that information held by the CJI’s office, including judges’ assets, falls within the RTI Act subject to Section 8 exemptions.
What is the public interest override?
Section 8(2) — even exempt information may be disclosed if the public interest in disclosure outweighs the harm to protected interest. This is the test in nearly every contested RTI case.
What was the impact of the 2019 amendment?
It removed the statutory protection for the salaries, allowances and tenure of Central and State Information Commissioners and vested rule-making power in the Centre, raising concerns about institutional independence.
Continue Your CLAT 2027 Prep
- Indian Contract Act 1872 — Free Consent and Capacity
- CLAT Gurukul’s Daily Practice Engine
- CLAT 2027 FAQ
- Free CLAT Mock Test
Bottom line for CLAT 2027: Master Article 19(1)(a) anchor, the 10 Section 8 exemptions, the public-interest override, four landmark cases, and the 2019 amendment controversy.
