Section 24 of RTI Act: Exempt Intelligence and Security Organisations

Section 24 of the Right to Information Act, 2005 explains when the Act does not apply to specified intelligence and security organisations. Importantly, the exemption is not absolute: information concerning allegations of corruption or human rights violations remains within the statutory exceptions, subject to special conditions for human rights requests.

Meaning and scope of Section 24

Under the Act, a public authority is an authority or body covered by Section 2(h). A Central Public Information Officer (CPIO) or State Public Information Officer (SPIO) is designated under Section 5 to handle RTI requests. Section 24 establishes a limited statutory exclusion for designated intelligence and security organisations, while preserving access for specified allegations.

Section 24(1): Central intelligence and security organisations

The RTI Act does not apply to intelligence and security organisations established by the Central Government and specified in the Second Schedule, or to information furnished by such organisations to the Central Government. The first proviso expressly preserves information pertaining to allegations of corruption and human rights violations.

The second proviso requires Central Information Commission approval where the information sought concerns allegations of human rights violations. Notwithstanding the ordinary time limits in Section 7, that information must be provided within 45 days from receipt of the request, subject to the applicable law. The approval requirement and 45-day period are specifically attached to the human rights category; the text does not impose the same approval requirement on corruption allegations.

Section 24(2): Amendment of the Second Schedule

The Central Government may amend the Second Schedule through a notification in the Official Gazette, adding an intelligence or security organisation established by it or removing one already listed. The inclusion or removal takes effect as provided by the published notification. Therefore, an old printed list may not reflect the latest legal position.

Section 24(3): Parliamentary oversight

Every notification issued under Section 24(2) must be laid before each House of Parliament.

Section 24(4): State intelligence and security organisations

State intelligence and security organisations established by a State Government may be excluded from the RTI Act if that Government specifies them by notification in the Official Gazette. The same express exception applies to information pertaining to allegations of corruption and human rights violations.

For human rights allegations involving a notified State organisation, disclosure requires approval of the State Information Commission and the statutory period is 45 days from receipt of the request, notwithstanding Section 7. Whether a particular organisation is exempt depends on the State's current notified list.

Section 24(5): State legislative oversight

Every notification issued by a State Government under Section 24(4) must be laid before the State Legislature.

Corruption and human rights: important distinction

• Corruption allegations: Information pertaining to such allegations is not excluded merely because the organisation is listed or notified. The request must sufficiently identify its connection with alleged corruption; Section 8 and other applicable provisions may still require examination.
• Human rights violations: Information pertaining to these allegations is likewise not categorically excluded, but disclosure requires the relevant Information Commission's approval and is governed by the special 45-day limit.
• General information: A request not covered by either exception may fall within the Section 24 exclusion where the organisation is validly listed or notified.

These exceptions should not be confused with a general entitlement to all operational or sensitive records. Applicability of other lawful restrictions and the facts of each request remain relevant.

How to make an RTI request concerning an exempt organisation

1. Check the organisation: Verify the current Second Schedule or relevant State Gazette notification.
2. Identify the exception: State the records requested and explain their connection with an allegation of corruption or a human rights violation, without relying solely on a bare label.
3. Address the appropriate authority: Submit the application through the legally applicable RTI channel, keeping a copy and acknowledgement.
4. Observe the special process: For human rights allegations, Section 24 requires the relevant Information Commission's approval and specifies a 45-day response period.
5. Review the response: Consider the remedies under Section 19 (appeals) and Section 18 (complaints), where applicable.

Related RTI provisions

Section 7 provides the ordinary process and time limits for disposal of requests; Section 8 sets out exemptions from disclosure; Section 18 deals with the Information Commissions' complaint and inquiry powers; Section 19 provides for appeals; and Section 24 establishes the special organisational exclusions and their exceptions.

Official legal sources

Consult the India Code portal for the Right to Information Act, 2005 and its Second Schedule, the e-Gazette of India for Central notifications, and the Central Information Commission for Commission information. For State organisations, consult the respective State Government's official Gazette and State Information Commission. The current Second Schedule and Gazette notifications prevail over any illustrative list.