Right to Information Act UPSC NOTE

  What is Section 8 of the Right to Information Act is about  Section 8 of the Right to Information Act, 2005 deals with situations where th...

 What is Section 8 of the Right to Information Act is about 

• Section 8 of the Right to Information Act, 2005 deals with situations where the Public Information Officer (PIO) can reject a request for information. 

• It lays out exemptions to the general right to information. 

• Exemptions: The section specifies categories of information that public authorities are not required to disclose. 

• These exemptions are in place to protect certain interests, such as national security, personal privacy, or commercial confidentiality.

• Specific Exemptions: The Act lists out specific reasons for exemption, like information that could:

1. Harm national security or sovereignty of India

2. Hinder relations with foreign countries.

3. Be a breach of privilege of Parliament or state legislature.

4. Be forbidden to be published by a court.

5. Violate trade secrets or endanger someone's safety.

• Public Interest Test: An interesting aspect of Section 8(2) is that it allows for a public interest test. 

• Even if information falls under an exemption category.

• The PIO can still disclose it if the public interest in knowing outweighs the harm to the protected interests.

• Time-Bound Disclosure: There's a special provision for information relating to events that happened more than 20 years ago. 

• Such information generally cannot be denied under RTI.

• In essence, Section 8 balances the right to information with the need to protect certain kinds of information. 

• It ensures that individuals can access information while safeguarding legitimate concerns of the government and other entities.

Is it possible to refuse information under RTI because it is ‘bulky’?

• A public authority cannot refuse information under the Right to Information (RTI) Act in India simply because the information requested is voluminous or bulky.

• Legal Precedent: The Delhi High Court has specifically ruled against this practice in the case Indian Institute of Foreign Trade v. Kamal Jit Chibber.

• The court stated that denying information on the basis of volume would be tantamount to adding an unauthorized exemption clause to the RTI Act.

• Exceptions in the Act: The RTI Act itself lays out specific reasons for exemption under Section 8.

• These exemptions are designed to protect certain interests, and volume is not one of them.

• Alternative Solutions: Public authorities are expected to find alternative solutions to deal with voluminous requests.