2021-22 Archives

111. Which one of the following statements is not correct about the RTI Act

Which one of the following statements is not correct about the RTI Act, 2005 ?

[amp_mcq option1=”The Right of Information Bill has been passed by both the Houses of Parliament and received assent of the President on 15th June, 2005.” option2=”Any citizen may request information about the activities of the public authority.” option3=”There is no nominal application fee that is needed to pay to get information under RTI application.” option4=”The Right to Information (Amendment) Act 2019 (24 of 2019) came into effect on 24-10-2019.” correct=”option3″]

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Statement C is incorrect. The Right to Information Act, 2005 and the rules framed thereunder prescribe a nominal application fee for seeking information, except for persons belonging to the Below Poverty Line (BPL) category. For Central Government public authorities, the application fee is typically ₹10. State governments have their own rules regarding the fee, which may vary, but a fee is generally required unless the applicant is BPL.

A nominal application fee is required under the RTI Act, 2005, unless the applicant is exempted (e.g., BPL). Thus, the statement claiming “no nominal application fee” is false.

Statement A is correct: The RTI Bill received the President’s assent on June 15, 2005. Statement B is correct: Any citizen can request information. Statement D is correct: The RTI Amendment Act, 2019 came into effect on October 24, 2019, modifying provisions related to the tenure, salary, and terms of service of Information Commissioners.

112. The RTI Act, 2005 is based on which fundamental right of the Constitut

The RTI Act, 2005 is based on which fundamental right of the Constitution of India ?

[amp_mcq option1=”Right to Equality (Article 14)” option2=”Right to Freedom of Speech and Expression (Article 19)” option3=”Right to Life and Personal Liberty (Article 21)” option4=”Right against Exploitation (Article 23)” correct=”option2″]

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The Right to Information Act, 2005 is fundamentally based on the idea that citizens have the right to access information held by public authorities. This right to know is an essential facet of the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India. The Supreme Court of India has, in numerous judgments, affirmed that the right to information is implicit in the right to freedom of speech and expression. Access to information allows citizens to participate effectively in a democracy and to hold their government accountable.

The right to information is considered a derivative of the fundamental right to freedom of speech and expression under Article 19(1)(a).

While information can also be crucial for the exercise of other rights like the Right to Life (Article 21), particularly in matters of health, environment, etc., the legal and constitutional basis for the RTI Act is primarily rooted in the right to freedom of speech and expression, as recognised by the judiciary.

113. Which Section of the RTI Act, 2005 deals with penalties for non-compli

Which Section of the RTI Act, 2005 deals with penalties for non-compliance by public authorities?

[amp_mcq option1=”Section 27″ option2=”Section 20″ option3=”Section 10″ option4=”Section 16″ correct=”option2″]

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The RTI Act, 2005 provides for penalties to ensure compliance by public authorities and Public Information Officers (PIOs).

Section 20 of the RTI Act, 2005, empowers the Central Information Commission or the State Information Commission, as the case may be, to impose a penalty on the Central Public Information Officer or the State Public Information Officer for various defaults. These defaults include refusing to receive an application, not furnishing information within the specified time, malafidely denying the request, knowingly giving incorrect, incomplete or misleading information, destroying information, or obstructing the furnishing of information.

The penalty under Section 20 can be fifty rupees for each day until the information is furnished, up to a maximum of twenty-five thousand rupees. The Commission also has the power to recommend disciplinary action against the PIO under the service rules.

114. Which one of the following is not a ground for rejection of an RTI app

Which one of the following is not a ground for rejection of an RTI application ?

[amp_mcq option1=”Vague or unclear application” option2=”Application filed by an unauthorized person” option3=”Application requesting sensitive defence-related information” option4=”Application seeking information from a private entity” correct=”option1″]

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While a vague or unclear application can make it difficult for the Public Information Officer (PIO) to provide the requested information, it is generally not listed as a primary, explicit ground for rejection under the RTI Act in the same way that exemptions under Section 8 or the scope of the Act (e.g., applying to private entities) are.

The RTI Act focuses on the nature of the information requested and the entity holding it. Section 8 lists exemptions based on the potential harm caused by disclosure (sovereignty, security, privacy, etc.). Section 2(h) defines ‘public authority’ limiting the Act’s applicability. Applying for information from a private entity that does not fall under the definition of a public authority is a valid reason for the application to be rejected or deemed outside the Act’s purview. Requesting sensitive defence-related information is a specific exemption under Section 8(1)(a). While “unauthorized person” is ambiguous, if interpreted as someone not eligible (e.g., non-citizen, in some contexts depending on interpretation), it could potentially be a ground. However, a vague application often results in the PIO seeking clarification or being unable to process the request effectively, rather than a statutory ground for outright rejection as defined by the Act’s exemption/scope sections.

Section 6(1) requires the applicant to specify the particulars of the information sought. If these particulars are insufficient, the PIO may seek clarification. While failure to clarify or extreme vagueness can lead to the inability to provide information, the Act does not list “vague application” as a distinct exemption ground like those related to national security, privacy, or commercial confidence. The Act’s framework prioritizes denying access based on the nature of the information or the entity, not primarily the clarity of the request itself, although clarity is essential for processing.

115. Consider the following clauses pertaining to the exemption from disclo

Consider the following clauses pertaining to the exemption from disclosure of information under the RTI Act, 2005 :

1. Details in respect of the information, available to or held by it, reduced in an electronic form
2. Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court
3. Provide reasons for its administrative or quasi-judicial decisions to the affected person
4. Information which would impede the process of investigation or apprehension or prosecution of offenders

Which of the above clauses are correct ?

[amp_mcq option1=”1 and 2 only” option2=”1 and 3 only” option3=”2 and 4 only” option4=”3 and 4 only” correct=”option3″]

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Section 8 and Section 9 of the RTI Act, 2005, list the specific grounds for exemption from disclosure of information.

Let’s analyze each clause:
1. Details in respect of the information, available to or held by it, reduced in an electronic form: This is information that public authorities are *obligated to proactively maintain and, if possible, disseminate* under Section 4(1)(a) and 4(4). It is not an exemption.
2. Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court: This is a valid *exemption* under Section 8(1)(b).
3. Provide reasons for its administrative or quasi-judicial decisions to the affected person: This is an *obligation* of the public authority under Section 4(1)(d), not an exemption from providing other information.
4. Information which would impede the process of investigation or apprehension or prosecution of offenders: This is a valid *exemption* under Section 8(1)(h).

Clauses 2 and 4 represent grounds for exemption from disclosing information as listed in Section 8 of the RTI Act. Clauses 1 and 3 represent obligations of public authorities related to managing and proactively disseminating information under Section 4.

116. Which one of the following is not the obligation of public authority t

Which one of the following is not the obligation of public authority to publish the information on public domain?

[amp_mcq option1=”The powers and duties of its officers and employees” option2=”The norms set by it for the discharge of its functions” option3=”The information received in confidence from foreign Government” option4=”The names, designations and other particulars of the Public Information Officer” correct=”option3″]

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Section 4(1)(b) of the RTI Act, 2005, lists the specific types of information that every public authority is obligated to publish proactively on its public domain.

Among the information required to be published under Section 4(1)(b) are: the powers and duties of its officers and employees (Section 4(1)(b)(ii)), the norms set by it for the discharge of its functions (Section 4(1)(b)(iv)), and the names, designations and other particulars of the Public Information Officers (Section 4(1)(b)(xvi)). Information received in confidence from a foreign Government, however, is typically considered exempt from disclosure under Section 8(1)(a) of the Act, as its disclosure could prejudicially affect relations with a foreign State. Therefore, it is not an obligation to proactively publish such information on the public domain.

The proactive disclosure requirement under Section 4 is intended to reduce the need for citizens to file individual RTI applications by making essential information readily available. Information that is exempt from disclosure under Section 8, such as information received in confidence from a foreign government, is excluded from this proactive disclosure requirement.

117. Consider the following clauses pertaining to the obligations of public

Consider the following clauses pertaining to the obligations of public authority under the RTI Act, 2005 :

Every public authority shall maintain all its records duly catalogued and indexed in a manner and the form which facilitates the Right to Information Act.
Every public authority shall publish the particulars of its organization, functions and duties.
Every information shall be disseminated widely and in such a manner which is easily accessible to the public.
All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible.

Which of the above clauses is/are correct ?

[amp_mcq option1=”1 only” option2=”1 and 2 only” option3=”1, 2 and 3 only” option4=”1, 2, 3 and 4″ correct=”option4″]

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Section 4 of the RTI Act, 2005, outlines the obligations of public authorities to maintain records and publish information proactively (suo motu disclosure).

Section 4(1)(a) mandates that every public authority shall maintain all its records duly catalogued and indexed in a manner and the form which facilitates the Right to Information under this Act. Section 4(1)(b) lists various particulars to be published, including the particulars of its organization, functions and duties, powers and duties of officers/employees, rules, regulations, etc. Section 4(1)(c) requires publishing the procedure followed in the decision making process. Section 4(1)(d) mandates providing reasons for administrative or quasi-judicial decisions. Section 4(2) states that every public authority shall make efforts to provide as much information suo motu to the public at regular intervals. Section 4(3) mandates disseminating information widely and in such form and manner which is easily accessible to the public. Section 4(4) states that all materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.

All four clauses listed in the question accurately reflect obligations placed upon public authorities under Section 4 of the RTI Act, related to record management, proactive disclosure of information about the organization, wide dissemination, and consideration of accessibility, cost-effectiveness, and local language in dissemination.

118. What does Section 8(1)(j) of the RTI Act, 2005 pertain to ?

What does Section 8(1)(j) of the RTI Act, 2005 pertain to ?

[amp_mcq option1=”Information that may cause a breach of privilege of Parliament” option2=”Information that may prejudicially affect the sovereignty and integrity of India” option3=”Personal information that can be withheld if it serves a public interest” option4=”Information relating to trade secrets and intellectual property” correct=”option3″]

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Section 8(1)(j) of the RTI Act, 2005, is one of the exemption clauses that allows public authorities to withhold certain information.

Section 8(1)(j) exempts from disclosure “information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the Appellate Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information relating to the nominations filed by candidates for election to a Legislature or Parliament in which a candidate is required to declare his assets and liabilities may also be supplied to the citizen under this Act”. This clause specifically deals with personal information and the balancing act between personal privacy and larger public interest.

The other options relate to different exemption clauses: Section 8(1)(c) (privilege of Parliament/State Legislature), Section 8(1)(a) (sovereignty, integrity, security, foreign relations, etc.), and Section 8(1)(d) (trade secrets, intellectual property, etc.). Section 8(1)(j) is frequently invoked in requests seeking details about individuals’ service records, medical information, etc., which may be withheld unless a larger public interest is demonstrated.

119. Under the RTI Act, 2005, which one of the following is not an objectiv

Under the RTI Act, 2005, which one of the following is not an objective of the Act ?

[amp_mcq option1=”Promoting transparency and accountability in the working of every public authority” option2=”Reducing corruption and promoting good governance” option3=”Empowering citizens and enhancing their participation in governance” option4=”Providing unlimited access to classified information” correct=”option4″]

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The Right to Information Act, 2005 aims to promote transparency and accountability in the working of public authorities.

The objectives of the RTI Act include promoting transparency and accountability, reducing corruption, promoting good governance, empowering citizens, and enhancing their participation in governance. However, the Act explicitly provides for exemptions from disclosure of certain information under Sections 8 and 9, including information that could prejudicially affect the sovereignty and integrity of India, security, strategic, scientific or economic interests, relations with foreign State, or lead to the incitement of an offence, or relates to trade secrets, or would cause an unwarranted invasion of the privacy of the individual, among others. Therefore, providing unlimited access to classified information is not an objective; rather, controlled access while protecting certain sensitive information is the intent.

The preamble to the RTI Act states its purpose as enabling citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. It acknowledges that informed citizenry is vital to the functioning of a democracy but also recognizes that the revelation of information may conflict with other public interests including the preservation of confidentiality of sensitive information.

120. Consider the following statements regarding the competent authority un

Consider the following statements regarding the competent authority under the RTI Act, 2005:
Competent authority means

the Chief Justice of India, in the case of the Supreme Court.
the Chief Justice of the High Court, in the case of a High Court.
the Administrator appointed under Article 239 of the Constitution of India.

Which of the above statements are correct ?

[amp_mcq option1=”1 and 2 only” option2=”2 and 3 only” option3=”1 and 3 only” option4=”1, 2 and 3″ correct=”option4″]

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Section 2(e) of the Right to Information Act, 2005, defines “competent authority”. The definition lists several authorities depending on the body in question.

According to Section 2(e) of the RTI Act, 2005, the competent authority includes: (i) the Chief Justice of India, in the case of the Supreme Court; (ii) the Chief Justice of the High Court, in the case of a High Court; (iii) the Speaker, in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman, in the case of the Council of States or Legislative Council of a State; (iv) in the case of Union territories, the Administrator appointed under article 239 of the Constitution; (v) the person or such other body of persons as may be specified by the appropriate Government, by notification in the Official Gazette, for the purpose of this Act, in respect of all other public authorities.

All three statements provided in the question correctly list competent authorities as defined in Section 2(e) of the RTI Act, 2005, for the Supreme Court, High Courts, and Union Territories respectively.