Section 26 RTI Act: Appropriate Government to prepare programmes

Appropriate Government to prepare programmes

Official Bare Act Text

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

(1) The appropriate Government may, to the extent of availability of financial and other resources,—

(a)develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;

(b)encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves;

(c)promote timely and effective dissemination of accurate information by public authorities about their activities; and

(d)train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves.

(2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.

(3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include—

(a)the objects of this Act;

(b)the postal and street address, the phone and fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5;

(c)the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be;

(d)the assistance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be, of a public authority under this Act;

(e)the assistance available from the Central Information Commission or State Information Commission, as the case may be;

(f)all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission;

(g)the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;

(h)the notices regarding fees to be paid in relation to requests for access to an information; and

(i)any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.

(4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.

Legal Commentary & Landmark Judgments: Section 26

Section 26 mandates the appropriate Government to develop and organize public education and awareness programmes, train public officials, and publish user-friendly practical guides in official languages to empower citizens—especially disadvantaged communities—to effectively exercise their right to information.

Development of Educational and Awareness Programmes: Under Section 26(1)(a) and (b), the appropriate Government must develop and organize educational programmes to advance the understanding of the public, particularly disadvantaged communities, and encourage public authorities to participate in developing and organizing such programmes.
Mandatory Training of Public Officials: Section 26(1)(d) requires the Government to train Public Information Officers and administrative staff of public authorities, instilling a service-oriented mindset and producing relevant training materials.
Publication of Practical Citizen Guides: Under Section 26(2) and (3), the appropriate Government must produce, publish, and periodically update practical guides in official languages containing clear explanations of: rights under the Act, particulars of every public authority, contact details of designated PIOs, fee structures, and procedural guidelines for filing requests and appeals.

Key Landmark Precedents:

People's Union for Civil Liberties v. Union of India (2004) 2 SCC 476: The Supreme Court recognized that the right to know requires proactive state facilitation, educational dissemination, and the dismantling of institutional opacity to enable marginalized citizens to assert democratic rights.
Delhi Jal Board v. Central Information Commission (2010 SCC OnLine Del 3412): The Delhi High Court held that public authorities have an affirmative statutory obligation under Section 26 to properly educate and train their designated PIOs on statutory obligations to prevent recurrent, unlawful denials of information.
Court on its own Motion v. State of Jharkhand (2012 SCC OnLine Jhar 982): The Jharkhand High Court directed the State Government to conduct mandatory training programmes for all SPIOs and publish updated local-language guides under Section 26 to eliminate endemic administrative ignorance.

Courtroom Practice & Strategic Litigation Guidance:

When public authorities or PIOs defend non-compliance by pleading ignorance of law or administrative confusion, cite Section 26 to defeat such excuses; the statute places a positive obligation on the government to train officials. In systemic writ petitions, pray for specific mandamus compelling the State Government to publish updated Section 26 citizen guides in regional languages and conduct mandatory compliance modules for municipal and panchayat officers.

Section 26: Appropriate Government to prepare programmes

Appropriate Government to prepare programmes

Legal Commentary & Landmark Judgments: Section 26