Table of Contents
Section 22 — Act to Have Overriding Effect
In one line: Section 22 is one of the most powerful clauses in Indian transparency law. The provisions of the RTI Act shall have effect notwithstanding anything inconsistent in the Official Secrets Act, 1923, or any other law or instrument. In six lines, it dismantles a century of secrecy-by-default.
Key points
- 'Notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923…'
- Also overrides the Indian Evidence Act 1872 Section 123 (state privilege), service rules, and any executive instructions.
- Constitutional provisions and statutes expressly carved out (like RTI Act exemptions themselves) apply.
Legislative history
No amendments.
Rulings and references
- RBI v. Jayantilal N. Mistry, (2016) 3 SCC 525 — Section 22 overrides RBI Act confidentiality of bank inspection reports.
- Secretary, Ministry of Home Affairs v. MCD, Delhi HC — overrides conflicting Central instructions.
- Multiple CIC decisions — Section 22 overrides confidentiality marks put by departments themselves.
Practical note
When a PIO cites an older law or an internal circular, respond: 'Section 22 of the RTI Act has overriding effect and renders that provision inoperative to the extent of inconsistency.' Cite RBI v. Jayantilal.
Call to action
For drafting RTIs or appeals engaging this section, use the First RTI template or the First Appeal template. See How to fill an RTI application for structural help.
Related
Sources
- Right to Information Act, 2005, Section 22.
- RTI (Amendment) Act, 2019 (where applicable).
- DPDP Rules, 2025, notified 14 November 2025 (where applicable).
- Department of Personnel and Training, Guide on the RTI Act, 2005.
Last reviewed on: 21 April 2026