Right to Information Act, 2005 (as extended to J&K UT from 31 Oct 2019)

Response Timeline

30 days under RTI Act 2005, s.7(1). Life or liberty requests: 48 hours. J&K Reorganisation Act 2019 (effective 31 Oct 2019) repealed the J&K RTI Act 2009 and extended the central RTI Act 2005 to J&K. The J&K State Information Commission (JKSIC) was abolished; second appeals now go to the Central Information Commission (CIC) in New Delhi. Any Indian citizen (not just J&K residents) may file. BPL applicants exempt from fees. Application fee Rs.10.

Exemptions

• Information affecting sovereignty, integrity, security, or relations with foreign states (s.8(1)(a))
• Information expressly forbidden by court or which would constitute contempt (s.8(1)(b))
• Information whose disclosure is prohibited by Parliament/Legislature (s.8(1)(c))
• Cabinet papers including deliberations of the Council of Ministers (s.8(1)(i))
• Trade secrets or commercial confidence causing competitive harm (s.8(1)(d))
• Information held in fiduciary capacity (s.8(1)(e))
• Information received in confidence from a foreign government (s.8(1)(f))
• Information that would impede investigation, prosecution, or fair trial (s.8(1)(g),(h))
• Personal information with no public interest justification (s.8(1)(j))

Exemptions mirror RTI Act 2005 ss.8-9. Notwithstanding any exemption, information that cannot be denied to Parliament/Legislature cannot be denied to a citizen (s.8(2)). Public interest override applies (s.8(2)).

Appeal Process

Since 31 Oct 2019, J&K has no State Information Commission. Second appeals and complaints go to the Central Information Commission (cic.gov.in). The JKSIC was dissolved following the J&K Reorganisation Act 2019.

Sources & References

• Full text of law →
• Primary source →
• https://cic.gov.in/
• https://www.humanrightsinitiative.org/in-the-news/central-rti-law-to-now-apply-to-jk-and-ladakh
• https://en.wikipedia.org/wiki/Jammu_and_Kashmir_Right_to_Information_Act,_2009