The right to information (RTI) lets citizens ask public bodies for information about their work and decisions. It is one of the strongest tools for transparency and for fighting corruption, because officials who know their work can be checked tend to act more carefully. In Nepal this right is guaranteed by the Constitution and given practical form by the Right to Information Act 2064. This note explains the main provisions in an exam-ready way.
1. Constitutional basis
Article 27 of the Constitution of Nepal 2072 is titled Right to information. It is a fundamental right under Part 3 of the Constitution. It says, in substance:
- every citizen has the right to ask for and receive information on any matter of his or her own interest or of public interest;
- however, no one can be forced to give information that must be kept confidential according to law.
So the right is broad but not unlimited. Note also that the constitutional right belongs to citizens of Nepal.
The right to information was also protected in earlier constitutions, and the RTI Act was passed while the Interim Constitution was in force.
2. The Right to Information Act 2064
| Point | Detail |
|---|---|
| Name | Right to Information Act 2064 (2007 AD) |
| Authenticated | 5 Shrawan 2064 BS (July 2007) |
| Came into force | On the thirtieth day after authentication |
| Rules made under it | Right to Information Rules 2065 |
Purpose
The Act aims to make the state open, transparent and accountable to citizens, to make information of public importance easy to get, and to protect sensitive information whose release would harm the nation or individuals.
Key terms
- Information means any written document, material or information about the functions, proceedings or decisions of public importance of a public body.
- Public body is defined widely. It includes:
- constitutional bodies;
- bodies set up under an Act or formed by the Government of Nepal;
- public corporations and institutions owned by or receiving grants from the government;
- political parties and organisations registered under law;
- non-governmental organisations that receive funds from the government, foreign governments or international organisations.
Because political parties and NGOs are included, the RTI Act reaches much further than government offices alone.
3. Duties of public bodies
Respect and proactive disclosure
Every public body must respect and protect the right to information, keep its records classified and up to date, and make them easy to access. Under Section 5, it must publish information on its own, without waiting for a request, and update it every three months. This is called proactive (suo motu) disclosure. Examples of what must be published:
- the body’s structure, nature and functions, duties and powers;
- the number of staff and their work;
- the services it provides and the officers who provide them;
- the fees and time limits for services;
- how decisions are made and to whom one may complain;
- details of income and expenditure, and the laws it follows.
Information officer
Under Section 6, every public body must appoint an information officer to give out the information it holds. Many bodies also set up a separate information section.
4. How to get information
- The citizen submits an application to the information officer, stating the reason for wanting the information.
- The officer provides it immediately if possible.
- If it cannot be given immediately, it must be given within 15 days of the application, and the applicant is told the reason for the delay.
- If the information concerns the safety of a person’s life, it must be given within 24 hours.
- If the information is not held by that body, the officer must tell the applicant so.
The applicant pays a fee that is based on the actual cost of providing the information, for example the cost of copies.
| Situation | Time limit |
|---|---|
| Normal request | Immediately, or at most 15 days |
| Information about safety of life | 24 hours |
| Proactive disclosure | Updated every three months |
5. Information that may be withheld
Under Section 3, a public body may refuse information when releasing it would:
- seriously harm the sovereignty, integrity, national security, public peace or international relations of Nepal;
- harm the investigation, inquiry or prosecution of a crime;
- seriously harm economic, trade or monetary interests, or intellectual property;
- disturb harmony among castes, communities or religions;
- interfere with the privacy of a person, or the security of a person’s life, body or property.
A public body may not refuse information without a proper reason. The Act also provides a classification process through a committee, so that information is not kept secret without limit, and it protects whistleblowers: an employee who reveals corruption or wrongdoing in good faith must not be punished or harmed for it.
6. Complaint and appeal
The Act gives a two-step remedy when information is refused, given only in part, or given wrongly:
| Step | To whom | Time limit |
|---|---|---|
| 1. Complaint | Chief of the public body | Within 7 days of the refusal or partial information |
| 2. Appeal | National Information Commission | Within 35 days of the chief’s decision |
The Commission must decide the appeal within 60 days. It may order the public body to provide the information and may also fine officials who withhold information without good reason or delay it.
7. The National Information Commission
The Act sets up the National Information Commission (NIC) as an independent body to protect, promote and enforce the right to information.
- Composition: a Chief Information Commissioner and two information commissioners.
- Appointment: by the Government of Nepal on the recommendation of a committee chaired by the Speaker.
- Term: five years.
Functions of the Commission
- hearing appeals from applicants and giving decisions;
- ordering public bodies to provide information or to manage and publish records properly;
- fining officials who break the Act;
- studying and inspecting the records of public bodies;
- giving suggestions to the government for protecting and promoting the right to information.
📌 Key points to remember
- Article 27 of the Constitution of Nepal 2072 guarantees the right to information as a fundamental right of citizens.
- The Right to Information Act 2064 was authenticated on 5 Shrawan 2064; its Rules were made in 2065.
- Public bodies include constitutional bodies, government bodies, political parties and NGOs receiving public or foreign funds.
- Proactive disclosure must be updated every three months (Section 5).
- Every public body must appoint an information officer (Section 6).
- Information is given immediately or within 15 days; within 24 hours if life is at risk.
- The fee is based on the actual cost of providing information.
- Information may be withheld for national security, crime investigation, economic interest, communal harmony and personal privacy.
- Complaint to the chief within 7 days; appeal to the NIC within 35 days; NIC decides within 60 days.
- The NIC has a Chief Information Commissioner and two commissioners with a five-year term.
- Whistleblowers are protected under the Act.
Test yourself: Right to Information in Nepal
Practise Constitutional basis, Information officer and Functions of the Commission with 50 questions. Each attempt picks 25 at random.