Many citizens still wonder whether they can file requests under old State-level RTI laws that existed before 2005—such as the Madhya Pradesh RTI Act, Rajasthan RTI Act, or Karnataka RTI Act.
This confusion continues because several states had their own transparency laws before the Central RTI Act came into force.
To clear this, it’s important to understand the legal position:
Are State RTI Acts Still Valid?
No.
Once the Right to Information Act, 2005 came into force, it overrode all previous State-level RTI laws.
Today, only the RTI Act, 2005 is in operation all over India.
Whether you are filing RTI in:
- Madhya Pradesh
- Tamil Nadu
- Delhi
- Gujarat
- Rajasthan
- Himachal Pradesh
…the law applicable is the same: RTI Act, 2005.
Why State RTI Acts Cannot Be Used Now
- The RTI Act, 2005 was enacted under Article 246, which gives it overriding authority.
- The Act includes Section 22, which states that RTI Act will prevail over any inconsistent law.
- Once RTI Act 2005 became operational, State RTI Acts were automatically replaced.
So filing an RTI under any old “State RTI Act” has no legal effect.
Real-Life Example: CIC Case on Madhya Pradesh RTI Act
A case before the Central Information Commission (CIC) perfectly demonstrates this issue.
What happened?
- An applicant filed an RTI request with Dr. Hari Singh Gaur University under the “Madhya Pradesh RTI Act”.
- The Public Information Officer still responded and provided some information out of courtesy.
- The matter reached the CIC.
CIC’s Decision
The CIC clarified:
- There is no Madhya Pradesh RTI Act in force.
- The only operative law is the RTI Act, 2005, applicable across India.
- The appeal was dismissed because it was filed under a non-existent law.
- Whatever information the PIO provided was out of courtesy, not legal obligation.
Can You Ever Use a State RTI Law?
No.
All pre-2005 State RTI Acts are no longer in force.
Only the RTI Act, 2005 is valid.
However:
- States can make RTI Rules for procedures like fees, formats, etc.
- But they cannot have a separate RTI Act.
The law is always Central; only rules may differ from state to state.
What You SHOULD Do When Filing RTI
Always mention:
“Application under the Right to Information Act, 2005”
not
“Application under [State Name] RTI Act”.
This ensures your request is valid and enforceable.
Conclusion
You cannot use any State RTI Act today. All old State transparency laws were replaced RTI Act, 2005, which is the only law governing right to information in India.
The CIC case involving the so-called “Madhya Pradesh RTI Act” makes this absolutely clear—filing under a defunct State law leads to dismissal, and the authority has no legal obligation to respond.
