Advisory Power of Information Commissions

Section 25(5) of the Right to Information Act, 2005 gives the Central or State Information Commission an advisory power to recommend corrective steps to a public authority. This power applies when the authority's practices under the Act do not conform to its provisions or spirit.

When the power may be exercised

The Central Information Commission or the State Information Commission, as applicable, may act when it finds that a public authority's practice relating to its functions under the Act is inconsistent with the law or its underlying purpose.

• The provision addresses an institutional practice of a public authority, rather than merely deciding an individual request for information.
• The Commission may specify the steps that, in its opinion, should be taken to promote conformity with the Act.

Nature and significance of the recommendation

The power is advisory because Section 25(5) authorises a recommendation, not an enforceable direction under that subsection. It enables the Commission to promote systemic compliance, including better procedures, record-related practices and observance of disclosure obligations.

• The recommendation must be directed to the concerned public authority and identify the corrective steps considered necessary.
• The provision complements the Commission's broader monitoring and reporting role under Section 25.

How UPSC asks this