Sections 21, 22 and 23 of the RTI Act: Good-Faith Protection, Overriding Effect and Court Jurisdiction

Section 21 - Protection of action taken in good faith

Statutory provision

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

Meaning and scope

Section 21 protects a person from a suit, prosecution or other legal proceeding for conduct undertaken, or intended to be undertaken, in good faith under the RTI Act or rules made under it. It is not an unconditional immunity for every act of a public official. Whether the protection applies depends on the connection with the Act and the requirement of good faith.

For example, an information officer acting honestly while carrying out a duty under the Act may invoke this protection, but the section does not expressly protect acts lacking good faith.

Section 22 - Act to have overriding effect

Statutory provision

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 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.

Meaning and scope

The expression notwithstanding anything inconsistent is a non-obstante clause. Where the RTI Act conflicts with the Official Secrets Act, 1923, another applicable law, or a legally effective instrument, Section 22 gives the RTI Act priority to the extent of the inconsistency. It does not eliminate the exemptions and restrictions contained in the RTI Act itself, including Sections 8, 9 and 24.

Consequently, an authority cannot reject an otherwise valid RTI request merely by invoking an inconsistent secrecy rule without examining the disclosure framework and exemptions under the RTI Act.

Section 23 - Bar of jurisdiction of courts

Statutory provision

No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

Meaning and scope

Section 23 bars courts from entertaining suits, applications or other proceedings challenging orders made under the RTI Act through routes other than appeals provided by that Act. The principal statutory appeal mechanism is contained in Section 19.

This statutory bar does not extinguish the constitutional jurisdiction of the High Courts under Articles 226 and 227 or of the Supreme Court under Article 32 of the Constitution, subject to applicable principles governing the exercise of those powers.

How these sections operate with RTI appeals

An applicant dissatisfied with a public information officer's decision, or with the absence of a timely decision, may ordinarily pursue a first appeal to the designated senior officer under Section 19(1), generally within 30 days. A second appeal may be brought before the Central or State Information Commission under Section 19(3), generally within 90 days. Both provisions permit delayed appeals on sufficient cause.

Section 18 separately addresses complaints to the Information Commission, whereas Section 20 deals with penalties and recommendations for disciplinary action in specified circumstances. Section 23 should therefore be read with the Act's own complaint and appeal procedures.

Official legal resources

For the authoritative text, amendments and applicable rules, consult the India Code legislative database, the Government of India RTI portal, the Central Information Commission, and the RTI Online portal for central public authorities. State RTI applications and appeals may be governed by the relevant State's procedures and portals.