India has long been recognized as one of the most advanced countries in the world when it comes to access to information, but its failure to top this ranking is demonstrative that global standards of the right to access have advanced considerably since India's law was first passed. This is not to say that India's legal framework is bad. As this score indicates, it remains one of the top countries in the world, but there are several problems with India's access regime. Chief among these are the blanket exceptions in Schedule 2 for various security, intelligence, research and economic institutes. Instead of such broad and sweeping exclusions, these interests should be protected by individual and harm-tested exceptions. The Indian legal framework also does not allow access to information held by private entities which perform a public function, and several of the law's exclusions, including for information received in confidence from a foreign government, cabinet papers and parliamentary privilege, are also problematic.

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India > Right To Access

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
1	The legal framework (including jurisprudence) recognises a fundamental right of access to information.	Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.	2	YES		Right to information has been recognised as constitutional by the Indian Supreme Court on numerous occasions.
2	The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.	No=0, Partially=1, Yes=2	2	Partially		"Paramountcy of the democratic ideal" implies this. However, a recent Supreme Court decision states that equal weightage must be given to secrecy, which muddies the issue.
3	3.1 The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law 3.2 The legal framework emphasises the benefits of the right to information?	3.1(Y/N - max 1 point) 3.2 (Y/N - max 1 point)	2	YES		Preamble. Preamble.

India > Scope

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
4	Everyone (including non-citizens and legal entities) has the right to file requests for information.	Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons.	2	Partially		6(1) - applies only to citizens, but includes legal persons
5	The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.	Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.	4	YES		2(f) and 2(j)
6	Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).	Score 1 point for only documents, 1 point for information	2	YES		2(f)
7	The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and adminsitration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.	Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).	8	Partially		Article 1(h) includes everything. Jammu and Kashmir are exempted, but this is due to India's constitution and, anyway, they have their own law so no deduction for that. However, Schedule 2 exempts intelligence and security organizations, as well as other research and economic entities, so they lose 3 points for that.
8	The right of access applies to the legislature, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government	4	YES		2(h) and 2(e)
9	The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government	4	YES		2(h) and 2(e)
10	The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State).	Score 1 point if some, 2 points if all	2	YES		2(h)
11	The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er).	Score 1 point if some bodies, 2 points if all	2	YES		2(h)
12	The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding.	1 point for public functions, 1 point for public funding	2	Partially		2(h) - the right to obtain information about private entities performing a public function has been recognized be some high courts, but is not yet an accepted part of the legal framework.

India > Requesting Procedures

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
13	Requesters are not required to provide reasons for their requests.	Y/N answer 0 or 2 points	2	YES		6(2)
14	Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).	Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.	2	YES		6(2)
15	There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.	Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought.	2	YES		Article 6 – in writing or electronically or orally with a minimum of required procedure.
16	Public officials are required provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification.	Score 1 point for help in formulation and 1 point for clarification procedures	2	YES		5(3) and 6(1)
17	Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.	Score Yes=2 point, No=0	2	YES		6(1) for the illiterate, 7(4) for the disabled.
18	Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days	Score 1 point for receipt, 1 point for max 5 working days	2	YES		Receipts are provided immediately as there is a prescribed fee.
19	Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.	Score: 1 point for information not held, 1 for referrals or 2 for transfers	2	YES		6(3) – direct transfers within 5 days
20	Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).	Score: 2 points for Yes, only 1 point if some limitations	2	YES		7(9)
21	Public authorities are required to respond to requests as soon as possible.	Score: No=0, Yes=2 points	2	YES		7(1) - as expeditiously as possible.
22	There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).	Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.	2	Partially		7
23	There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.	---	2	YES		No extensions
24	It is free to file requests.	Score: No=0, Yes=2 points	2	NO		6(1) allows for access fees, to be paid with the request.
25	There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and a certain initial number of pages (at least 20) are provided for free.	Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional	2	YES		The rules on fees are not spelled out in the law, but are prescribed in the accompanying regulations and do not exceed cost of reproduction and delivery.
26	There are fee waivers for impecunious requesters	---	2	YES		7(5) – protects requesters below the poverty line.
27	There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information.	Score: No=0, Yes=2 points	2	YES

India > Exceptions

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
28	The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.	Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. >	4	YES		22
29	The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. It is also permissible to refer requesters to information which is already publicly available, for example online or in published form.	Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed	10	YES		All exceptions fit within established categories.
30	A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused.	Score 4 points and then deduct 1 point for each exception which is not subject to the harm test	4	Partially		8(1)(f) - information received in confidence from a foreign government. 8(1)(i) – Cabinet papers. 8(1)(c) - parliamentary privilege
31	There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.	Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.	4	YES		8(2) – Authorities may release info if it’s in the greater public interest (though this language dovetails with the phrasing of the exceptions, which are also discretionary). 24(1) allows exceptions for human rights violations and corruption having to do with security and intelligence organizations.
32	Information must be released as soon as an exception ceases to apply (for example, for after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.	Score 1 point for each	2	Partially		8(3) – Sunset clause, but doesn’t apply to all exceptions.
33	Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.	Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.	2	YES		Article 11
34	There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed.	Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted	2	YES		10
35	When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.	Score Y/N: 1 point for a and 1 point for b	2	YES		7(8)

India > Appeals

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
36	The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).	Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.	2	YES		18(3) - 18(4) and 19(8)
37	Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman).	1 for partial, 2 for yes	2	YES		19(7)
38	The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so they are protected against arbitrary dismissal (procedurally/substantively) once appointed.	Score: 1 point for appointment procedure, 1 point for security of tenure	2	YES		Articles 12, 13(1) and 13(2)
39	The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.	Score 1 point for reports to parliament, 1 point for budget approved by parliament	2	YES		13(5) and 13(6) - the act has measures for financial independence.
40	There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.	Score 1 point for not politically connected, 1 point for professional expertise	2	YES		12(5),12 (6) and 13(5), 13(6)
41	The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies..	Score 1 point for reviewing classified documents, 1 point for inspection powers	2	YES		18(3) - 18(4) and 19(8)
42	The decisions of the independent oversight body are binding.	Score N=0, Y=2 points	2	YES		19(7)
43	In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information.	1 for partial, 2 for fully	2	YES		19(8)(a)
44	Requesters have the right to lodge a judicial appeal.	1 for partially, 2 for fully.	2	YES		The constitution empowers every individual to move the courts against any order of any authority
45	Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.	1 for free, 1 for no lawyer required.	2	YES		27(2) - No mention of fees, or the need for a lawyer. It's an administrative procedure, so it shouldn't require a lawyer.
46	The grounds for appeal to the oversight body (where applicable, or to the judiciary if no such body exists) are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).	Score 1 point for appealing refusals, additional points for appealing other violations.	4	YES		19(3) for appeals and 18(1) for complaints
47	Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial).	Score 1 point for clear procedures, 1 point for timelines.	2	Partially		Procedures, but no timelines
48	In the appeal process (oversight/judicial/) the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES		19(5)
49	The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better record management)	1 for partial, 2 for fully.	2	YES		19(8) and 25(5)

India > Sanctions & Proteccions

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
50	Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.	Score 1 point for sanctions for underming right, 1 point for destruction of documents	2	YES		20
51	There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).	Score 1 point for either remedial action or sanctions, 2 points for both	2	Partially		19(8)(a) and 20(2) and 25(5), but the sanctions provided in the law are against officials and not authorities. The information commissions can only recommend steps to the public authorities to promote conformity with the law.
52	The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.	Score 1 for oversight body, 1 for immunity for others	2	YES		21
53	There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).	Score 2 for strong protections, 1 for moderate protections	2	NO		A bill is currently in Parliament (as of Sept 2011), but at the time of review there was no such protection.

India > Promotional measures

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
54	Public authorities are required to appoint dedicated officials (information officers) or units with a responsibility for ensuring that they comply with their information disclosure obligations.	Score Y/N, Y=2 points	2	YES
55	A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information.	Score Y/N, Y=2 points	2	Partially		Section 26, however the use of the words "may" and "appropriate government" weaken this section - and the task should have been specifically given to the Information Commissioner.
56	Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law.	Score Y/N, Y=2 points	2	YES		26(2)
57	A system is in place whereby minimum standards regarding the management of records are set and applied.	Score Y/N, Y=2 points	2	NO
58	Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public.	Score Y/N, Y=2 points	2	YES		4(1)(a) and 4(1)(b)(v)
59	Training programs for officials are required	Score Y/N, Y=2 points	2	YES		26(1)(d)
60	Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with.	Score Y/N, Y=2 points	2	YES		25(2)
61	A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law.	Score Y/N, Y=2 points	2	YES		25(1) and 25(4)