Drafting and Filing an RTI Application

What is the Right to Information?

The Right to Information (RTI) Act, enacted in 2005, is a groundbreaking legislation that has revolutionized the way citizens interact with their government in India. It empowers individuals to seek information from public authorities, promoting transparency and accountability in governance. In this article, we will delve into the key aspects of the RTI Act, its important provisions, landmark case laws, and the process of filing an RTI application.

What is RTI Act, 2005?

The Right to Information Act grants citizens the right to access information held by public authorities. It aims to promote transparency and accountability in the functioning of government bodies. The Act covers all levels of government - central, state, and local - as well as organizations substantially funded by the government. It mandates the timely disclosure of information to citizens upon request, subject to certain exemptions.

Important Provisions of the RTI Act

1. Section 2(h): Defines "public authority" broadly to include all government bodies and organizations substantially financed by the government. It means any authority or body or institution of self-government established or constituted— (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any— (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government
2. Section 4: Requires proactive disclosure of certain categories of information by public authorities.
3. Section 6: Outlines the procedure for requesting information from a public authority. It can be filed offline as well as offline. [The procedure is elucidated further]. - Section 6(3) also states that if in case the public authority cannot provide the requested information but some other public authority can - then the PIO [Public Information Officer] will forward the request to the respective public authority.
4. Section 7: Stipulates the time limits within which information must be provided to the applicant, which is "within thirty days of the receipt of the request".
5. Section 8: Lists the exemptions under which information can be denied. For example, official secrets, information related to National Defence, and other information which can cause harm to public order, tranquility etc. is exempt from the RTI Act, 2005
6. Section 19: Provides for the appointment of Information Commissioners to hear appeals against decisions of public authorities.

Landmark Case Laws related to RTI

1. S.P. Gupta v. Union of India (1981): Recognized the right to information as a fundamental right under Article 19(1)(a) of the Constitution.
2. Union of India v. Association for Democratic Reforms (2002): Held that citizens have the right to know the antecedents of candidates contesting elections.
3. Central Board of Secondary Education v. Aditya Bandopadhyay (2011): Clarified that answer sheets in public examinations are not exempt from disclosure under the RTI Act.
4. Reserve Bank of India v. Jayantilal N. Mistry (2015): Ruled that the Reserve Bank of India is bound to disclose information related to banks under the RTI Act.

Who can File an RTI Application?

1. Only an Indian Citizen can file an RTI application [No matter whether he / she is resident or a Non-Resident].
2. Can be filed in any language and format
3. Only some important details must be there in each RTI Application

Contents of Application

1. Address of Public Information Officer of the Respective Department [as notified on the Department's website]
2. Names of all the Applicants
3. Address of Applicants (to Receive the Reply)
4. Particulars of Information required [such as Details of information Required and period for which the information is required]
5. Details of the Information required under RTI Act, 2005 [Ex: "Details of Number of Female Workers who are employees in the districts of J&K from the year 2018-2022 (till date).] - must be written in pointwise manner and in as detailed, specific, and clear manner.
6. Declaration which states that the information is not exempt under Sections 8 & 9 of the RTI Act, 2005
7. Declaration under Section 6(3) of the RTI Act which states that we are seeking this information from you because it is in best of our knowledge that you are the appropriate "public authority" to seek this information but if in case any part of the information is not available with the authority please provide the requested information by forwarding the request to the appropriate authority as per Section 6(3) of the Act. - [Note: This declaration is required because sometimes we don't know exactly from which department we have to seek the information].
8. Proof and Declaration of Postal Order of Rs. 10 [i.e. the fee of RTI is duly paid through Postal Order]: It is notified through this declaration that a Postal Order of Rs. 10 bearing no. ........... purchased and issued on date .................. in favor of the concerned PIO and application fees.

Which Information Can Not be Sought under RTI Act, 2005?

There are some specific instances whereby RTI information cannot be furnished. These instances relate to matters which:

1. Would affect national security, sovereignty, strategic, economic and/or scientific interest.
2. Have been disallowed by the court to be released.
3. Have been disallowed by the court to be released.
4. Relates to trade secrets or intellectual property, information which might affect/harm the competitive position of a third party.
5. Relates to information under fiduciary relationship.
6. Relates to foreign government information.
7. Would affect the life/physical safety of any person.
8. Would affect the process of an investigation.
9. Relates to cabinet papers.
10. Relates to personal information without any public interest.

How to know what comes under RTI's purview and what does not?

1. Verify through case laws portals [like E-SCR Portal of Supreme Court].
2. Verify it from the website and portals of respective DIC, respective SIC, and NIC.
3. Visit free Legal updates sites like LiveLaw and Bar&Bench to verify it.

How to File an RTI Application?

Filing an RTI application is a simple process that can be done offline or online.

Offline Filing:

1. Identify the public authority from which you seek information.
2. Draft an application specifying the information sought and the mode of communication (e.g., post, email).
3. Submit the application along with the prescribed fee (Rs. 10 for central government, varies for states - No fee for BPL category) to the Public Information Officer (PIO) of the concerned authority. It can be paid by purchasing a postal order of Rs. 10 and attaching a receipt with the application.
4. [Note: Also keep a copy of this receipt of Postal Order and the application with yourself too, it is important evidence of filling the application in the first place.]
5. If information is not provided within 30 days or the response is unsatisfactory, file an appeal with the First Appellate Authority the State Information Commission within the same public authority.
6. If still unsatisfied, file a second appeal with the Central Information Commission [the Second Appellate Authority] within 90 days.

Online Filing:

1. Visit the official RTI portal (https://rtionline.gov.in/) or the website of the concerned public authority.
2. Register on the portal and log in using your credentials.
3. Fill out the RTI application form, specifying the information sought and the mode of communication.
4. Pay the prescribed fee online (if applicable).
5. Submit the application and note down the unique registration number for future reference.
6. Track the status of your application online and follow up if necessary.
7. A detailed Official Manual for understanding this Online RTI Filing can be accessed here: https://rtionline.gov.in/um_citizen.pdf

Tips for Effective Drafting of an RTI Application

1. Be specific and precise in describing the information sought.
2. Avoid asking for opinions, advice, or hypothetical questions.
3. Limit the scope of the application to a single subject matter.
4. Mention the time period for which the information is required.
5. Provide your contact details accurately for proper communication.
6. Quote relevant provisions of the RTI Act, if applicable.
7. Use simple and clear language, avoiding legal jargon.

Common FAQs [Frequently Asked Questions]

1. How to write details of Information Required Effectively and Smartly: Write in specific, clear, and detailed language and in pointers one by one that what data / information is required, who is the stakeholder associated with the data sought etc. keeping in mind the purpose and prescription for seeking this data. Write as many details as you know about the data / information you are seeking.
2. How to know State Specific rules for filling the RTI Application: Visit this link to know state specific procedure and more details on RTI Filling: Click here
3. Against whom the RTI can be filled: Not against private individuals / private institutions - only against Public Authorities as defined in the Act and upheld in case laws from time to time by HCs and SC.
4. Can the information be deliberately not provided or manipulated by PIO with mala fide intention? No, because you have the right to challenge it in SIC, CIC, HC and SC. They may lose their employment if they do so.

Sample RTI Applications For reference, here are links to some sample RTI applications:

1. Sample RTI 1: Click here to access
2. Sample RTI 2: Click here to access

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