Right to Information: User Guide

From what bodies can you access information?

When you decide to make an application, the first thing you will need to do is to determine which body you think holds the information that you are after. Then you will need to check whether the body you want to obtain information from is actually covered by any right to information law.

Not every single body or institution which holds information falls under the provisions of the law. However, it is positive that the Central Act has relatively wide coverage.

Bodies covered by the Central Act are referred to as "Public Authorities". Section 2(h) of the Central Act clarifies the term "Public Authorities" mean:

• All Central, State and local level bodies which are set up under the Constitution or under any other State or Central statue. This means that it covers the President, the legislature and the judiciary and all related Ministries, departments and agencies.
• Any body owned, controlled or substantially financed or any non-Government organisation substantially financed directly or indirectly by Government. This means that even some private bodies which receive funding from the Government can be asked for information.

Unfortunately, section 24(1) of the Central Act goes on to limit coverage by entirely excluding some bodies from the law such as security or intelligence agencies. Section 24 actually allows Governments to add bodies to the list of exempt agencies, so you should consider checking whether any such Rules have been made where you are considering making an application to a security or intelligence agency.

At the State level, coverage is variable, with some laws covering more bodies than others. Most of the State Acts do not cover private bodies, so you may not be able to access information from a private telephone company or electricity body.

If you believe that your application relates to more than one body, you should try to decide which body you think has the closest connection with the information you are seeking and then send your application to them. In any case, the relevant body should be under a duty to consult with any other relevant body to make sure that all the necessary information is collected. Notably, the Central Act actually includes a specific requirements that applications which are directed to the wrong body are transferred to the body which does hold the information. This recognises that the public should not be expected to chase lots of different bodies because this will be costly and complicated.

Please click on the link to the Central RTI Act to read the detailed provisions contained in the law. Please click on the link to CHRI's State RTI pages to find out more about relevant rules and implementation in your specific State.