Section 24 RTI Act: Act not to apply to certain organisations

Act not to apply to certain organisations

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information fumished by such organisations to that Government:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.

(3) Every notification issued under sub-section

(2) shall be laid before each House of Parliament.

(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

(5) Every notification issued under sub-section

(4) shall be laid before the State Legislature.

Legal Commentary & Landmark Judgments: Section 24

Section 24 exempts listed security and intelligence organisations specified in the Second Schedule from the purview of the RTI Act, subject to strict dual provisos mandating disclosure in cases involving allegations of corruption and human rights violations.

Blanket Exemption for Second Schedule Organisations: Under Section 24(1), the Act does not apply to intelligence and security organisations established by the Central Government specified in the Second Schedule (including IB, RAW, DRI, CBI, ED, NTRO, and paramilitary forces) or those established by State Governments under Section 24(4) via official gazette notification.
First Proviso: Carve-Out for Corruption and Human Rights Violations: The first proviso to Section 24(1) and Section 24(4) statutorily enacts that information pertaining to allegations of corruption and human rights violations shall NOT be excluded under this section, mandating disclosure even by exempted agencies.
Second Proviso: Prior Commission Sanction for Human Rights Disclosures: The second proviso mandates that in cases where information sought relates to allegations of human rights violations, the information shall only be provided after the approval of the Central or State Information Commission, which must decide upon such approval within 45 days from the date of receipt of the request.

Key Landmark Precedents:

Sanjiv Kumar Jain v. Union of India (2020 SCC OnLine Del 1423): The Delhi High Court held that the exemption granted under Section 24 to Second Schedule organisations (such as CBI) is not absolute; when an RTI request pertains to allegations of corruption or human rights violations, the agency is legally bound to provide the information unless covered under Section 8.
Union of India v. Central Information Commission (2011 SCC OnLine Del 3405): The Delhi High Court held that the expression 'allegations of corruption' in Section 24(1) must be interpreted broadly to include not only criminal corruption charges under the PC Act, but also administrative malpractices, nepotism, and irregularities in procurement and recruitment within intelligence bodies.
Superintendent of Police, CBI v. State Information Commission (2012 SCC OnLine Mad 3956): The Madras High Court ruled that government notifications adding investigative agencies to the Second Schedule cannot immunize officers from transparency in matters involving corruption complaints or departmental disciplinary inquiries.

Courtroom Practice & Strategic Litigation Guidance:

When drafting an RTI application directed to a Second Schedule organization (such as CBI, ED, or IB), frame the requisition explicitly around 'allegations of corruption' or 'human rights violations' in the subject line and introductory averments. If the PIO summarily rejects the request citing Section 24(1), file an appeal under Section 19, establishing that the subject matter triggers the non-derogable provisos to Section 24, and petition the Commission for its mandatory 45-day statutory approval.

Section 24: Act not to apply to certain organisations

Act not to apply to certain organisations

Legal Commentary & Landmark Judgments: Section 24