Understanding Section 24 of the RTI Act: A Complete Guide for Citizens

Q: Can I get information about an employee's service record from an exempt organization?

Exempt organizations under Section 24 are generally not required to share information, but must provide it for allegations of corruption or human rights violations, unless it impacts national security or operational secrecy.

Q: Is the Prime Minister's Office (PMO) exempt under Section 24?

No, the PMO is not listed in the Second Schedule of the RTI Act and is not exempt under Section 24. It is a public authority subject to the RTI Act.

Q: What is the Second Schedule of the RTI Act?

The Second Schedule lists security and intelligence organizations exempt from the RTI Act under Section 24(1), such as CBI, NIA, and RAW, except for corruption or human rights violation queries.

Q: Can CBI deny information on a corruption case I reported?

No, the CBI cannot deny information related to corruption allegations, as this is an exception to its exempt status under the RTI Act.

Q: How is a 'human rights violation' defined under the RTI Act?

The RTI Act does not explicitly define 'human rights violation,' but it generally includes acts like torture, unlawful detention, or discrimination, as per existing human rights laws.

Q: What if the PIO denies my request even if it's about corruption?

File a first appeal to the First Appellate Authority within 30 days. If unsatisfied, file a second appeal to the Central or State Information Commission, as denial for corruption-related requests is invalid.

Q: Is the Enforcement Directorate (ED) completely exempt from RTI?

The ED is generally exempt under Section 24 as listed in the Second Schedule, but must provide information related to corruption or human rights violations.

Q: Has the list of exempt organizations ever changed?

Yes, the Second Schedule has been amended through government notifications, adding or removing organizations based on national security and policy needs.

Q: Do state police forces come under Section 24?

No, state police forces are not exempt under Section 24, which applies only to central organizations in the Second Schedule, though other RTI exemptions may restrict access to police records.

Q: What is the 45-day rule for human rights information?

Information on human rights violations from exempt organizations must be provided within 45 days after Central Information Commission approval, as per the RTI Act.

Rashmita Choudhary
Aug 29
8 min read

What is Section 24 of the RTI Act, 2005?
The Blanket Exemption: Which Organisations Are Shielded?
Full List: Central Organisations Exempt Under Section 24
The Shield Has Cracks: The Two All-Important Exceptions
What About State-Level Agencies? (Section 24(4))
How to File an RTI for an Exempt Organisation (The Right Way)
Section 24 in Court: Landmark Judgments & Key Debates
Conclusion
Frequently Asked Questions (FAQs)

What is Section 24 of the RTI Act, 2005?

The Right to Information Act gives citizens power, but some organizations are exempt. Section 24 of the RTI Act lists these specific bodies. This part of the law shields certain intelligence and security agencies from the Act's main rules. However, this shield isn't absolute. It breaks when the information requested relates to corruption or human rights violations. This guide will explain the law, identify the exempt organizations, detail the critical exceptions, and show citizens how to use them effectively.

The Blanket Exemption: Which Organisations Are Shielded?

The primary purpose of Section 24 of the RTI Act is to exempt specific intelligence and security organizations established by the Central Government. The law states that the RTI Act will not apply to the organizations named in the Second Schedule or to any information these organizations give to the government. This exemption exists to protect national security, the sovereignty of India, and other strategic interests. It ensures that sensitive operations and intelligence-gathering activities are not compromised.

The official text of Section 24(1) of the Right to Information Act, 2005, clearly lays out this rule.

"Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government."

This clause creates a formidable barrier, but it's one that has important limitations built into it.

Full List: Central Organisations Exempt Under Section 24

The organizations exempt from the RTI Act are listed in the Second Schedule of the RTI Act. The Central Government holds the power to amend this list by adding or removing organizations through an official notification. It's important for citizens to know exactly which bodies fall under this exemption.

This list is based on the Second Schedule of the RTI Act, as of the latest amendments. The Central Government can add or remove organizations.

S. No.	Name of Organisation
1.	Intelligence Bureau
2.	Research and Analysis Wing of the Cabinet Secretariat
3.	Directorate of Revenue Intelligence
4.	Central Economic Intelligence Bureau
5.	Directorate of Enforcement
6.	Narcotics Control Bureau
7.	Aviation Research Centre
8.	Special Frontier Force
9.	Border Security Force
10.	Central Reserve Police Force
11.	Indo-Tibetan Border Police
12.	Central Industrial Security Force
13.	National Security Guards
14.	Assam Rifles
15.	Sashastra Seema Bal
16.	Special Branch (CID), Andaman and Nicobar
17.	The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli
18.	Special Branch, Lakshadweep Police
19.	Special Protection Group
20.	Defence Research & Development Organisation (DRDO)
21.	Border Road Development Board (BRDB)
22.	Financial Intelligence Unit, India
23.	Directorate General of Income-tax (Investigation)
24.	National Technical Research Organisation
25.	National Security Council Secretariat
26.	Central Bureau of Investigation (CBI)
27.	National Investigation Agency (NIA)
28.	National Intelligence Grid (NATGRID)
29.	Strategic Forces Command

The Shield Has Cracks: The Two All-Important Exceptions

The exemption provided by Section 24 of the RTI Act is significant, but it has two very powerful exceptions. These exceptions, known as provisos, ensure that even the most secretive organizations can be held accountable for certain actions. They act as a critical check on the power of these shielded agencies. The law makes it clear that the exemption does not apply when the information pertains to allegations of corruption or human rights violations.

Exception 1: Allegations of Corruption

Even exempt organisations must disclose information if it relates to allegations of corruption. The law does not allow these agencies to hide behind Section 24 when faced with claims of wrongdoing. This means a citizen can file an RTI request for information about such matters.

Examples of what could be considered corruption include:

Bribery or seeking undue favors.
Misuse of public funds or government resources.
Possession of assets disproportionate to known sources of income.
Fraudulent activities during procurement or contracting.

Recent judgments have reinforced that the CBI, for example, cannot use Section 24 to refuse information related to corruption allegations. Courts have clarified that the exemption is not absolute and the purpose of the law is to promote transparency, especially in such cases.

Exception 2: Human Rights Violations

The second major exception to Section 24 of the RTI Act concerns information about human rights violations. If an exempt organization is accused of violating human rights, it cannot deny information on that subject. The term "human rights" is generally understood to mean the rights related to life, liberty, equality, and dignity guaranteed by the Constitution or international covenants.

However, there is a specific procedure for this type of request. The information can only be provided after obtaining approval from the Central Information Commission (or the State Information Commission for state agencies). Furthermore, the law sets a strict timeline: the information must be provided within 45 days of receiving the request. This 45-day rule is a critical detail that ensures timely disclosure in sensitive cases.

What About State-Level Agencies? (Section 24(4))

Section 24(4) of the RTI Act gives State Governments the authority to create their own lists of exempt intelligence and security organizations. A state can specify these agencies through a notification in the Official Gazette, effectively shielding them from the RTI Act in the same way the Central Government shields central agencies.

Key Information It is crucial to understand that the same rules apply to these state-level bodies. The exemption is not absolute. Information related to allegations of corruption and human rights violations must be disclosed by state-exempt organizations as well. The process for human rights information also requires approval from the State Information Commission and must be completed within 45 days.

How to File an RTI for an Exempt Organisation (The Right Way)

Filing an RTI for an exempt organisation requires a specific approach. Following these steps can increase the chances of your request being considered valid.

Frame Your Request Clearly: You must explicitly state that you are seeking information under the proviso to Section 24. Clearly mention whether your request pertains to an "allegation of corruption" or a "human rights violation." Vague requests are likely to be rejected.
Provide Prima Facie Details: A simple, unsupported allegation may not be sufficient. It's helpful to include a detailed account of the alleged corruption or violation. If you have any supporting documents, mentioning them can strengthen your case. The responsibility to substantiate the allegation often lies with the applicant.
Address it to the Correct PIO: Find the designated Public Information Officer (PIO) for the specific exempt organization you are targeting. This information is usually available on the organization's website. Addressing it correctly prevents delays.
Understand the Information Commission's Role: Remember, for requests related to human rights violations, the PIO must get approval from the Central Information Commission (CIC) or the State Information Commission. This process means the timeline is extended to 45 days from the standard 30 days. If your request is denied, your appeal path goes through the First Appellate Authority within the organization and then to the CIC.

For expert assistance with legal filings, you may consider seeking professional help. If you need to follow up on a human rights violation case, you can approach the Central Information Commission (CIC).

Section 24 in Court: Landmark Judgments & Key Debates

Courts have played a vital role in interpreting Section 24 of the RTI Act. Landmark judgments have helped clarify the balance between secrecy and transparency. In several cases, courts have ruled that the exemption for security agencies is not a blanket ban. For instance, the Delhi High Court has repeatedly held that the CBI cannot refuse to provide information when it pertains to corruption allegations.

A key area of debate has been the definition of "human rights violation." Courts have sometimes interpreted it broadly, but the Supreme Court has also cautioned against expanding it to cover routine service matters of employees in exempt organizations. This shows an ongoing judicial effort to define the precise boundaries of the exception.

A frequent point of confusion is the difference between Section 24 and Section 8. Section 8 of the RTI Act provides exemptions for specific types of information (like cabinet papers or information that would endanger someone's life) that apply to any public authority. Section 24, on the other hand, provides a near-blanket exemption to specific organizations, with only the two exceptions for corruption and human rights.

Feature	Section 24	Section 8
Applies to...	Specific Organisations in Schedule II	Specific categories of Information
Exemption Type	Blanket (with specific exceptions)	Subject-wise (based on content)
Public Interest Test	Not directly applicable	Applicable (Section 8(2) allows disclosure if public interest outweighs harm)

Conclusion: Balancing National Security and Citizen's Rights

Section 24 of the RTI Act creates a necessary and deliberate balance. It protects the sensitive work of intelligence and security agencies, which is vital for national security. At the same time, it provides citizens with powerful tools to maintain accountability. The exceptions for corruption and human rights ensure that no organization, no matter how powerful, is completely beyond public scrutiny.

Key Takeaways
Section 24 exempts specific intelligence and security organizations listed in the Second Schedule.
This exemption is not absolute; it does not apply to information on corruption or human rights violations.
Citizens must clearly frame their RTI requests to use these exceptions.
Understanding this balance is essential for every citizen who wishes to ensure transparency and accountability within India's most secretive organizations.

This framework demonstrates that the right to information is a cornerstone of Indian democracy, designed to keep a check on power while safeguarding the nation's integrity.

FAQs

Q1. Can I get information about an employee's service record from an exempt organization? A: Generally, exempt organizations under Section 24 are not required to share information. However, if the request pertains to allegations of corruption or human rights violations, the information must be provided unless it affects national security or operational secrecy.

Q2. Is the Prime Minister's Office (PMO) exempt under Section 24? A: No, the PMO is not listed in the Second Schedule of the RTI Act and is not exempt under Section 24. It is a public authority and is subject to the RTI Act like any other non-exempt body.

Q3. What is the Second Schedule of the RTI Act? A: The Second Schedule lists security and intelligence organizations that are exempt from the RTI Act under Section 24(1). These include bodies like the CBI, NIA, RAW, etc., unless the query relates to corruption or human rights violations.

Q4. Can CBI deny information on a corruption case I reported? A: No. Although CBI is listed as an exempt organization, it cannot deny information if the request relates to an allegation of corruption. This is an exception under the RTI Act.

Q5. How is a "human rights violation" defined under the RTI Act? A: The RTI Act does not explicitly define "human rights violation." However, it generally refers to acts violating fundamental rights, such as torture, unlawful detention, or discrimination, as interpreted in the context of existing human rights laws.

Q6. What if the PIO denies my request even if it's about corruption? A: You can file a first appeal to the First Appellate Authority (FAA) within 30 days. If unsatisfied, a second appeal can be filed before the Central or State Information Commission. Denial in cases involving corruption is not valid under RTI law.

Q7. Is the Enforcement Directorate (ED) completely exempt from RTI? A: ED is listed in the Second Schedule and is generally exempt under Section 24. However, like others, it must provide information if it relates to corruption or human rights violations.

Q8. Has the list of exempt organizations ever changed? A: Yes. The Second Schedule has been amended over time by the government through official notifications. Organizations have been added or removed based on national security needs and policy considerations.

Q9. Do state police forces come under Section 24? A:No. State police forces are not exempt under Section 24, which applies only to central intelligence and security organizations listed in the Second Schedule. However, access to specific police records may be restricted under other RTI exemptions.

Q10. What is the 45-day rule for human rights information? A: If the information sought from an exempt organization relates to a human rights violation, it must be provided within 45 daysafter approval by the Central Information Commission (CIC), as per the RTI Act.