Right To Information Is Accessible To Both Indian Citizens And Non-Citizens - Delhi HC

On Monday, Justice Prathiba M Singh of the Delhi High Court ruled that the Right to Information (RTI) is accessible to both Indian citizens and non-citizens. The judge stated that denying this right to non-citizens would be unconstitutional and violate both the RTI Act and the Indian Constitution. Although Section 3 of the RTI Act only refers to the rights of citizens, Justice Singh interpreted it as a positive acknowledgment of the right rather than a prohibition against non-citizens. However, the court noted that the release of information to non-citizens would depend on the type of information requested and whether the Indian Constitution recognizes the rights of that particular group of people.

The Court was considering a request from AS Rawat, a Public Information Officer (PIO) at the Central Tibetan Schools Administration (CTSA), who had filed an appeal challenging a decision by the Central Information Commission (CIC) to fine him ₹2,500. Rawat had refused to provide information to a teacher named Dawa Tashi who had requested confirmation of his employment as well as other CTSA benefits. The PIO had denied Tashi's request on the basis that he was a Tibetan national. The CIC subsequently ordered the PIO to provide the requested information and fined him, accusing him of acting in bad faith.

Justice Singh carefully examined the case, including reviewing the Parliamentary Committee debates on the RTI Act and analyzing the provisions of the Right to Information Bill. The judge observed that terms such as ‘citizen’, ‘people’, and ‘persons’ were used interchangeably. The Court determined that the Indian Constitution grants a wide range of rights to Indian citizens and a smaller set of rights to non-citizens. Additionally, because the RTI Act provides information related to life and liberty, it would be contradictory to restrict the Right to Information to only citizens. While the Court agreed with the CIC's directive to provide point-wise information, it overturned the penalty imposed.