Legal Question in Civil Rights Law in India

01.10.2013

Dear Sir / Madam,

Who can apply for information under the Right to Information Act, 2005?

In conformity with its objects and reasons, Section 3 of the RTI Act stipulates that �Subject to the provisions of this Act, all citizens shall have the right to information�. The definition of �right to information� itself is set forth in Section 2(j) of the RTI Act and states inter alia that the right to information means the right to information accessible under the RTI Act which is held by or under the control of any public authority and includes the right to inspect work, documents records, taking notes, obtaining information in the form of diskettes etc.

Section 6 of the RTI Act, is the provision regarding �Request for obtaining information� and states that �A person who desires to obtain any information under this Act, shall��. Inasmuch as the word used in this provision is �a person� as opposed to a �citizen� it appears that any �person� can apply for information under the provisions of the RTI Act. The term �person� is defined under section 3(42) of the General Clauses Act, 1897 which states that �person� shall include any company, or association or body of individuals, whether incorporated or not.

Can a Company file a request seeking information under the RTI Act?

In view of what is stated above, i.e. information can be requested for by a �person� (which term includes a juristic person such as a company), it may not be necessary to go into this specific question. There are cases where a company has requested for information under the provisions of the RTI Act and the requested information has been provided by a public authority [See: Perfect Machine Tools Co. Ltd. vs. State of Maharashtra & Ors. 2008(2) MhLJ 404 � where a private company sought for some information from the Municipal Corporation of Greater Bombay by way of a RTI Application and the same was provided; National Mineral Development Corporation vs. Government of India & Ors. WP(C) No. 8004/2007].

Regards,