Doctrine of Legal Reasoning and Recorded Opinion by FAA and Information Commissioners under RTI Act, 2005

By Rajnish Ratnakar – Founder, RTI & Public Grievance Warriors

Introduction

The Right to Information Act, 2005 is a central legislation aimed at ensuring transparent, accountable, and reasoned governance. It empowers the citizen with a statutory right to access information, which includes not only factual data but also the opinion and legal reasoning behind decisions made by public authorities.

This doctrine asserts that both the First Appellate Authority (FAA) and Information Commissioners (under CIC/SIC) are legally bound to record their reasoning while deciding appeals. Their failure to do so not only violates the RTI Act but also may attract criminal liability under Bharatiya Nyaya Sanhita, 2023 and Public Records Act, 1993.

Legal Foundation under RTI Act, 2005

Section 2(f) – Definition of “Information”

Includes opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, etc.

→ The reasoning/opinion of FAA or Information Commissioner qualifies as “information” once recorded.


Section 4(1)(d) – Right to Know Reasons

“...provide reasons for its administrative or quasi-judicial decisions to affected persons.”

→ FAAs and Commissioners must record and disclose reasoning behind their orders.


Section 2(j) – Right to Access

Includes the right to inspect and access information held or under the control of public authority.

→ Even if not voluntarily disclosed, such opinion is accessible upon request.

Doctrine Core: Violation Chain When Legal Reasoning is Not Recorded

Failure to record and disclose reasoning results in violations of:

- Section 4(1)(a): Poor record-keeping

- Section 4(1)(b)(ii): Duties and functioning not transparent

- Section 4(1)(b)(iii) & (iv): Procedures and norms for decision-making not public

- Section 4(1)(c): Concealment of facts behind decisions

Application of Doctrine to Information Commissioners (CIC/SIC)

Commissioners deciding second appeals must also apply mind, record legal reasoning, and provide speaking orders.

Deemed CPIO Liability under Section 5(4)

If CPIO seeks help from FAA/Commissioner, they become 'deemed CPIO' and legally liable for information defects.

Criminal Liability Under Bharatiya Nyaya Sanhita (BNS), 2023

Section 197 – Disobedience of law by public servant (replaces IPC 166)

Section 202 – Criminal breach of trust by public servant (replaces IPC 409)

→ Breach of public trust if reasoning intentionally concealed.

Violation of Public Records Act, 1993

Section 4(1) – Mandates maintenance and preservation of records

Section 6 – No record can be destroyed without lawful authority

Section 9 – Unauthorized destruction/removal is an offence

→ Omission to record reasoning is violation of record-keeping duties.

Summary of Rights of Information Seekers

✓ Right to demand opinion (Section 2(f))

✓ Right to demand legal reasoning (Section 4(1)(d))

✓ Right to access reasoning (Section 2(j))

→ Denial is breach of statutory, legal, and constitutional principles.

Conclusion

FAA and Information Commissioners hold quasi-judicial responsibilities. Their decisions must be reasoned, documented, and accessible. Failure to do so is a legal breach, constitutional deviation, and ethical default.

Author

Rajnish Ratnakar

Founder – RTI & Public Grievance Warriors

Legal theorist and doctrine innovator under RTI Act, 2005

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