Section 3 RTI Act: Right to information
Right to Information Act, 2005
Section 3 RTI Act at a Glance
Section 3 RTI Act grants all citizens the right to information, subject to the provisions of the Right to Information Act, 2005.
Section 3 RTI Act Bare Act Text
3. Right to information.
Subject to the provisions of this Act, all citizens shall have the right to information.
Section 3 RTI Act in Simple Words
Section 3 RTI Act creates the core statutory right of all citizens to obtain information under the Act. It confers this right on "all citizens", and Section 2(j) RTI Act defines the "right to information" to cover information accessible under the Act that is held by or under the control of any public authority, including inspecting work, documents, and records, taking notes, extracts, certified copies, or certified samples, and obtaining information in electronic mode or printouts.
The right under Section 3 RTI Act is expressly "subject to the provisions of this Act", meaning it operates within the procedures, timelines, and limits set elsewhere in the Act. Under Section 6 RTI Act, a request is made in writing or through electronic means with the prescribed fee, and the applicant need not give a reason. Under Section 7 RTI Act, the Public Information Officer must decide within 30 days, or within 48 hours where the information concerns the life or liberty of a person, while Section 8 RTI Act lists information exempt from disclosure and Section 19 RTI Act provides for first and second appeals.
When Section 3 RTI Act Applies
- Holder of the right: The person claiming the right under Section 3 RTI Act must be a citizen.
- Scope of the right: The claim must be for the 'right to information' defined in Section 2(j) RTI Act, covering information accessible under the Act and held by or under the control of a public authority.
- Statutory qualification: The right operates subject to the provisions of the RTI Act, including the request procedure in Section 6 RTI Act and the disclosure exemptions in Section 8 RTI Act.
Example of Section 3 RTI Act
When Section 3 RTI Act Does Not Apply
- Where another provision of the RTI Act restricts or exempts disclosure (such as information exempt from disclosure under Section 8 RTI Act), because the right under Section 3 RTI Act applies 'subject to the provisions of this Act'.
FAQs on Section 3 RTI Act
What is Section 3 RTI Act?▼
Section 3 RTI Act grants all citizens the right to information. That right is subject to the other provisions of the Right to Information Act, 2005, such as its application rules and exemptions from disclosure.
Who has the right to information under Section 3 RTI Act?▼
All citizens. Section 3 RTI Act confers the right to information on all citizens, subject to the provisions of the Act.
Is the right to information under Section 3 RTI Act unconditional?▼
No. Section 3 RTI Act makes the right 'subject to the provisions of this Act', which includes the exemptions from disclosure listed in Section 8 RTI Act.
Must a citizen give a reason when requesting information under the RTI Act?▼
No. While Section 3 RTI Act grants the right subject to the Act's provisions, under Section 6 RTI Act an applicant makes a request in writing or through electronic means with the prescribed fee and need not give a reason.
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Sources: Bare Act Text, Right to Information Act, 2005 ·