RTI Section 3: Right to information

Right to information

Official Bare Act Text

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

Subject to the provisions of this Act, all citizens shall have the right to information.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Information Sec 2(f) Public Authority Sec 2(h) Right to Information Sec 2(j) CPIO / SPIO Sec 2(c)

Legal Commentary & Landmark Judgments: Section 3

Section 3 of the Right to Information Act, 2005 enshrines the universal statutory right of all Indian citizens to access information held by or under the control of public authorities.

Core Legal Standard: Section 3 is the foundational declaratory provision of the RTI Act.
Statutory Rights & Obligations: It succinctly mandates that all citizens shall have the right to information, subject to the provisions of the Act.
Operational Statutory Rights & Obligations: This right operationalizes the democratic guarantee of freedom of speech and expression under Article 19(1)(a) of the Constitution, transforming government transparency from an administrative concession into an enforceable civil right.

The provision entitles any Indian citizen to inspect works, documents, and records; take notes, extracts, or certified copies; and inspect certified samples of material held by public authorities.

Key Landmark Precedents:

State of U.P. v. Raj Narain (1975) 4 SCC 428: The Supreme Court laid down that in a government of responsibility like ours, where all the agents of the public must be responsible for their conduct, the people have a right to know every public act, everything that is done in a public way by their public functionaries. Article 19(1)(a) inherently includes the right to receive information.
Supreme Court of India v. Subhash Chandra Agarwal (2020) 5 SCC 481: A Constitution Bench held that the right to information under Section 3 is a facet of freedom of speech and expression, serving as a powerful instrument to hold public authorities accountable and combat corruption in democratic governance.

Legal Commentary:

Section 3 restricts the right to information strictly to Indian citizens, excluding foreign nationals and corporations directly (though citizens may file in their capacity as corporate directors or representatives). The right is comprehensive and limited only by the specific exemptions codified under Section 8.