Right to Information (RTI) Act — Complete Guide to Filing Applications

Filing an RTI application is a simple and inexpensive process. Step 1: Identify the public authority from which you need information. Step 2: Draft your application in simple language — clearly state the information you seek. You can ask questions, request documents, or seek inspection of records. Step 3: Address the application to the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO) of the concerned authority. Step 4: Submit the application with the prescribed fee. Mode of filing: online through the RTI portal (rtionline.gov.in for central authorities); by post or hand-delivery to the public authority; through email (if the authority accepts). The application can be in English, Hindi, or the local official language. No lawyer is required for filing RTI, but legal advice can help in framing effective questions.

RTI application fees are minimal. Central Government Authorities: Rs. 10 per application (no fee for Below Poverty Line applicants). Additional fees: Rs. 2 per page for information provided in hard copy; Rs. 50 per CD/DVD for electronic format; no fee for the first one hour of inspection; Rs. 5 per hour for inspection thereafter. State Government Authorities: Fees vary by state. In West Bengal, the fee is Rs. 10 per application. Mode of Payment: Cash, Demand Draft, or Indian Postal Order (IPO) payable to the Accounts Officer of the public authority; online payment through the RTI portal for central authorities; court fee stamps (in some states). Keep the receipt as proof of payment. If information is not provided within the prescribed time, it must be provided free of cost.

The RTI Act prescribes strict timelines for response. Normal Cases: Information must be provided within 30 days from receipt of application. Life or Liberty Cases: If the information pertains to life or liberty of a person, it must be provided within 48 hours. Transfer of Application: If the application is sent to the wrong authority, it must be transferred within 5 days to the correct authority. Third Party Information: If the information involves a third party, the CPIO must give notice to the third party within 5 days and decide within 40 days. Deemed Refusal: If no response is received within 30 days, it is deemed a refusal. Deemed refusal is treated as a rejection and the applicant can file an appeal. If delay occurs, the information must be provided free of charge.

Section 8 of the RTI Act lists exemptions where information may be withheld. Absolute Exemptions: Information affecting national security, sovereignty, and integrity of India; information expressly forbidden by court or contempt of court; information that would cause breach of parliamentary privilege; trade secrets, commercial confidence, and intellectual property; information available to a person in their fiduciary relationship; information received in confidence from foreign governments; information that would endanger life or physical safety; information that would impede investigation or prosecution process. Qualified Exemptions: Cabinet papers (disclosed after decisions are made); personal information (disclosed if public interest outweighs privacy concerns). Even exempted information must be disclosed if public interest outweighs the harm. Partial disclosure is mandatory.

If information is denied or not provided, the applicant can file appeals. First Appeal: Filed before the First Appellate Authority (FAA) of the concerned public authority within 30 days (or extended up to 90 days) of receiving the CPIO's decision or of the deemed refusal. The FAA must decide within 30 days (extendable to 45 days). Grounds: the CPIO improperly refused information; the CPIO provided incomplete or incorrect information; the fees demanded are excessive; the CPIO failed to respond. Second Appeal: Filed before the Information Commission (Central or State) within 90 days of the FAA's decision. The Commission can impose penalties on the CPIO (up to Rs. 25,000 per application), order compensation to the applicant, and direct disclosure of information. The Commission's decisions are binding.

Several landmark judgments have shaped RTI implementation. S.P. Gupta v. Union of India (1982): The Supreme Court held that the right to know is part of the fundamental right to freedom of speech and expression under Article 19(1)(a). This judgment laid the foundation for the RTI Act. Central Board of Secondary Education v. Aditya Bandopadhyay (2011): The Supreme Court held that answer sheets are 'information' under the RTI Act and must be disclosed. Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi (2012): The Court held that evaluation sheets of selection process are disclosable. Reserve Bank of India v. Jayantilal N. Mistry (2016): The Court held that RBI must disclose inspection reports of banks in the public interest.

At Advocate in Asansol, we assist citizens in exercising their right to information: drafting effective RTI applications with precisely framed questions; identifying the correct public authority and CPIO; filing appeals before First Appellate Authority and Information Commission; representation in RTI hearings; legal advice on exemptions and disclosure rights; cases involving public interest disclosure; training on RTI procedures; and public interest litigation based on RTI information. We believe in transparency and accountability in governance. Call +91 7001486154 for assistance with your RTI application.