AAP Tax Law

Right to Information Act, 2005

Section 2 of the RTI Act, 2005: Definitions and Meaning

Section 2 explains the legal meaning of key expressions used throughout the Right to Information Act, 2005, including information, records, public authorities, information officers and third parties.

These definitions determine what information may be requested, which institutions are covered and the forms in which access may be provided. The explanations below follow clauses (a) to (n) of Section 2. For the statutory wording, consult the official RTI Act text on India Code.

Section 2(a): Appropriate Government

For a public authority established, constituted, owned, controlled or substantially financed directly or indirectly by the Central Government or a Union territory administration, the appropriate Government is the Central Government. For one so supported by a State Government, it is that State Government.

Section 2(b): Central Information Commission

The Commission constituted under Section 12(1) of the Act.

Section 2(c): Central Public Information Officer

The officer designated under Section 5(1), including a Central Assistant Public Information Officer designated under Section 5(2).

Section 2(d): Chief Information Commissioner and Information Commissioner

The Chief Information Commissioner and Information Commissioners appointed under Section 12(3).

Section 2(e): Competent authority

The Speaker for the Lok Sabha or a State or Union territory Legislative Assembly, and the Chairman for the Rajya Sabha or a State Legislative Council; the Chief Justice of India for the Supreme Court; the Chief Justice of the relevant High Court for that High Court; the President or Governor, as applicable, for other authorities established under the Constitution; and the administrator appointed under Article 239 of the Constitution.

Section 2(f): Information

Material in any form, including records, documents, memoranda, emails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models and electronic data. It also includes information about a private body that a public authority can access under another law in force.

Section 2(g): Prescribed

Prescribed by rules made under the Act by the appropriate Government or the competent authority, as applicable.

Section 2(h): Public authority

An authority, body or institution of self-government established or constituted under the Constitution, by a law of Parliament or a State Legislature, or by notification or order of the appropriate Government. It also includes a body owned, controlled or substantially financed, and a non-government organisation substantially financed, directly or indirectly, by funds provided by the appropriate Government.

Section 2(i): Record

Documents, manuscripts and files; microfilms, microfiche and facsimile copies; reproductions of images in microfilm, enlarged or otherwise; and material produced by a computer or other device.

Section 2(j): Right to information

The right to access information held by or under the control of a public authority, including inspection of work, documents and records; taking notes, extracts or certified copies; obtaining certified samples of material; and receiving information electronically or as printouts, including information stored on disks, tapes, video cassettes or other devices.

Section 2(k): State Information Commission

The State Information Commission constituted under Section 15(1).

Section 2(l): State Chief Information Commissioner and State Information Commissioner

The commissioners appointed under Section 15(3).

Section 2(m): State Public Information Officer

The officer designated under Section 5(1), including a State Assistant Public Information Officer designated under Section 5(2).

Section 2(n): Third party

Any person other than the citizen requesting information, including another public authority.

How these definitions operate in practice

Information and records: Clauses (f) and (i) cover existing material in physical and electronic form. An RTI request generally seeks information held by or under the control of a public authority, rather than requiring the authority to create a new explanation or opinion.

Public authorities: Clause (h) extends beyond government departments and may cover bodies meeting the statutory tests of ownership, control or substantial financing. The facts of the institution matter.

Access and third parties: Clause (j) recognises inspection, copies, samples and electronic access. Clause (n) includes public authorities within the expression "third party". Disclosure remains subject to the applicable provisions of the Act, including Section 8 and Section 11.

Related provisions and official resources

For applications and responses, read Section 5 (Public Information Officers), Section 6 (request for information) and Section 7 (disposal of requests). Official guidance is available from the Central Information Commission and the Central RTI Online Portal.

This article explains Section 2 and does not replace the Act or rules applicable to a particular public authority.