Right to Information (RTI) Act, 2005, along with practical examples based on real-life scenarios and court judgments.

 Section 8(1): Exemptions from Disclosure

The RTI Act specifies that certain types of information cannot be disclosed due to national security, privacy, or other concerns. Below are the ten exemptions with examples.

---

1. National Security and Sovereignty [Section 8(1)(a)]

• Rule: Information that affects India's sovereignty, security, or relations with foreign countries cannot be disclosed.
• Example:
  Suppose someone files an RTI seeking details about Indian Army operations in border areas.
  → This information cannot be disclosed as it could threaten national security.
• Court Ruling:
  In Union of India v. CIC (2013), the Delhi High Court ruled that disclosing defense procurement strategies could harm India's security and is thus exempt under Section 8(1)(a).  https://www.istm.gov.in/rti_portal/cms/105

---

2. Contempt of Court [Section 8(1)(b)]

• Rule: Information that violates a court order or constitutes contempt of court cannot be disclosed.
• Example:
  An RTI applicant requests internal discussions of a Supreme Court judgment before its official publication.
  → Not allowed, as it may amount to contempt of court.
• Court Ruling:
  In Subhash Chandra Agarwal v. Supreme Court of India (2019), the court ruled that certain judicial discussions cannot be disclosed if they interfere with court proceedings.   https://indiankanoon.org/doc/27009576/

---

3. Parliamentary and Legislative Privileges [Section 8(1)(c)]

• Rule: Information that breaches the privilege of Parliament or State Legislatures cannot be disclosed.
• Example:
  An RTI applicant seeks the contents of a bill before it is officially tabled in Parliament.
  → Not allowed, as legislative matters enjoy privilege before public release.
• Court Ruling:
  In Lok Sabha Secretariat v. CIC (2017), the court held that draft reports of Parliamentary Committees are privileged and cannot be disclosed before tabling.

https://www.istm.gov.in/rti_portal/cms/83

---

4. Commercial Confidence, Trade Secrets [Section 8(1)(d)]

• Rule: Information that harms a company’s competitive position cannot be disclosed.
• Example:
  A person files an RTI to obtain a private company’s tax records submitted to the government.
  → Not allowed, as it contains commercial secrets.
• Court Ruling:
  In SEBI v. Patel (2015), the Supreme Court ruled that insider trading data and financial reports cannot be disclosed under RTI.

---

5. Fiduciary Relationship [Section 8(1)(e)]

• Rule: Information held in trust (fiduciary capacity) cannot be disclosed.
• Example:
  A student asks for confidential university evaluation reports of professors.
  → Not allowed, as the university holds this in a fiduciary capacity.
• Court Ruling:
  In ICAI v. Shaunak H. Satya (2011), the Supreme Court ruled that examiner details for CA exams are held in a fiduciary capacity and are not subject to RTI disclosure.

---

6. Foreign Government Information [Section 8(1)(f)]

• Rule: Information received confidentially from a foreign government cannot be disclosed.
• Example:
  An RTI applicant requests details of secret intelligence shared by the USA with India.
  → Not allowed, as it could damage diplomatic relations.
• Court Ruling:
  In Karan Singh v. MEA (2018), the Central Information Commission (CIC) ruled that diplomatic correspondences cannot be disclosed under RTI.

---

7. Endangerment to Life or Safety [Section 8(1)(g)]

• Rule: Information that endangers someone’s life or safety cannot be disclosed.
• Example:
  An RTI applicant seeks the names of police informers who provide intelligence about criminals.
  → Not allowed, as it could put their lives at risk.
• Court Ruling:
  In CIC v. State of Maharashtra (2012), the court ruled that disclosing witness identities in criminal cases could endanger them and must be protected.

---

8. Law Enforcement and Investigation [Section 8(1)(h)]

• Rule: Information that hampers investigations or prosecution cannot be disclosed.
• Example:
  A journalist files an RTI to access internal police investigation files on an ongoing murder case.
  → Not allowed, as it could influence the case.
• Court Ruling:
  In CBI v. CIC (2011), the Supreme Court ruled that police case files cannot be disclosed until investigations are complete.

---

9. Cabinet Papers [Section 8(1)(i)]

• Rule: Deliberations of Ministers and Secretaries cannot be disclosed before a decision is made.
• Example:
  An RTI applicant asks for minutes of a Cabinet meeting before the policy is announced.
  → Not allowed, as Cabinet discussions are confidential.
• Court Ruling:
  In Jayantilal N. Mistry v. RBI (2015), the Supreme Court ruled that deliberations of policy-making bodies should remain confidential until finalized.

---

10. Personal Information [Section 8(1)(j)]

• Rule: Information about an individual’s private life cannot be disclosed unless it serves public interest.
• Example:
  A person files an RTI to obtain medical records of a government officer.
  → Not allowed, unless public interest is proven.
• Court Ruling:
  In Girish Ramchandra Deshpande v. CIC (2012), the Supreme Court ruled that personal information such as income tax returns cannot be disclosed under RTI.

---

Public Interest Override [Section 8(2)]

Even if information is exempt under Section 8(1), it must be disclosed if the public interest outweighs the harm.

• Example:
  A whistleblower files an RTI seeking details of corrupt practices in defense procurement.
  → Allowed, because exposing corruption is in the public interest.
• Court Ruling:
  In CBI v. CIC (2015), the Supreme Court ruled that even exempt information must be disclosed if corruption or human rights violations are involved.

---

Conclusion

The RTI Act promotes transparency but also protects sensitive information through these exemptions. Courts have played a crucial role in defining these limits, ensuring a balance between openness and confidentiality.