Home › CS Executive › jurisprudence › Right to Information Act 2005 › Under Section 19 of the RTI Act, 2005, in any ap…
Under Section 19 of the RTI Act, 2005, in any appeal proceedings, the burden of proving that a denial of a request for information was justified lies on:
Answer & Solution
Correct answer: D.
1. Section 19(5) places the burden of proof squarely on the PIO who denied the request.
2. The Lesson 16 appellate-authority section repeats this rule.
3. This reverses the ordinary civil-procedure presumption.
4. The reversal recognises the structural information asymmetry: the citizen does not know what is in the record, only the PIO does.
_Source: ICSI CS Executive Paper 1 (Jurisprudence, Interpretation & General Laws) — Lesson 16: Right to Information Act, 2005, pp. 391-405._
Related questions
The Chief Information Commissioner and the Information Commissioners under Section 13 of tWhere a PIO fails to give a decision on a life-or-liberty RTI request within the prescribeUnder Section 18 of the RTI Act, 2005, while inquiring into a complaint, the Central or StUnder Section 23 of the RTI Act, 2005, suits or applications against any order made under Under Section 20 of the RTI Act, 2005, what is the per-day penalty imposable on a Public IUnder Section 19 of the RTI Act, 2005, the second appeal to the Central Information CommisUnder Section 19 of the RTI Act, 2005, the first appeal against an order of the PIO must bUnder Section 15 of the RTI Act, 2005, the State Information Commission consists of: