Assignment on Filing

Right to Information
(RTI) in India

MADE BY -
SHIVAM ADLAKHA
BA LLB
2005170024

Introduction to RTI (Right to

Information)
The Right to Information (RTI) Act of 2005 is a
landmark legislation in India that empowers
citizens to seek information from public authorities
and promotes transparency in governance. The Act
came into force on October 12, 2005, with the
objective to facilitate the public's right to access
information held by government bodies. It is based
on the principle that public authorities, including
government departments, agencies, and
organizations, must operate in an open and
accountable manner.

Under the RTI Act, any Indian citizen can file an

application requesting information from public
authorities, provided it pertains to their activities.
The law was framed to encourage transparency,
accountability, and reduce corruption within
government institutions. It gives citizens a robust
tool to hold the government and its agencies
accountable for their actions, thereby
strengthening democratic governance.
Scope of the RTI Act

The RTI Act applies to all public authorities in India,

including:

- Government Ministries and Departments

- Public Sector Undertakings (PSUs)

- Local Bodies (Municipalities, Panchayats)

- Autonomous Bodies receiving substantial

government funding

- Judiciary, though its application is limited to

administrative matters

However, there are certain exemptions under the

RTI Act where information can be withheld. For
instance, matters related to national security,
information affecting the sovereignty and integrity
of India, and confidential information regarding
foreign relations are not disclosed under the RTI
Act.
How to File an RTI
Application in India

Filing an RTI application in India involves a

structured process that an individual must follow to
request information from a public authority. The
procedure is designed to be simple and user-
friendly.
Step 1: Identify the Public Authority
The first step in filing an RTI application is to
identify the relevant public authority from which
the information is being sought. Information can be
requested from any office, department, or agency
of the government, provided it has been
established as a public authority under the RTI Act.

For example:

- If seeking information related to the municipal

water supply, the relevant public authority would
be the municipal corporation or the public works
department.

- If seeking information about a particular

government scheme, the relevant authority would
be the specific ministry handling the scheme.

Step 2: Prepare the Application

Once the relevant public authority is identified, the
next step is to draft the RTI application. According
to the RTI Act, the application must be:
1. In Writing: The application must be in writing or
electronic form (email, online forms, etc.),
depending on the rules of the respective public
authority.

2. Simple and Clear: The application should clearly

mention the details of the information being
sought, in a precise and concise manner.

3. Language: The application can be written in

Hindi, English, or the official language of the region
where the public authority is located.

4. Format: There is no specific format mandated for

the RTI application. However, it is advisable to use
the following structure:

- Name and address of the applicant

- Name of the public authority from which

information is being sought

- A description of the information being sought

- Any relevant date or document that may help in

retrieving the information
 - Signature of the applicant

Step 3: Fees for Filing an RTI Application

The RTI Act requires a nominal fee to be paid when
submitting an RTI application. The fee structure
varies slightly across different states, but in
general:

- Rs. 10: For a general RTI application. This can be

paid through a postal order, demand draft, or any
prescribed method. Some authorities may accept
the fee in cash or through other electronic
methods.

- No Fee for Below Poverty Line (BPL) Applicants:

Individuals who hold a BPL card are not required to
pay the application fee.

- Additional fees may apply if the applicant seeks

photocopies of documents, inspection of records,
or data in a computer-readable form.
Step 4: Submitting the Application
Once the RTI application is ready, it should be
submitted to the designated Public Information
Officer (PIO) of the relevant public authority. Each
government department is required to appoint a
PIO to handle RTI requests. The applicant can
submit the application in person or by post. In
some cases, online RTI portals are available where
citizens can submit their requests electronically.

Step 5: Acknowledgment
After submission, the PIO is required to
acknowledge receipt of the RTI application within a
certain time frame (usually within 24 hours). The
acknowledgment will include a unique registration
number for tracking purposes.

Step 6: Time Limit for Response

The RTI Act mandates that the PIO must respond to
an RTI request within 30 days from the date of
receipt of the application. In case the requested
information concerns the life and liberty of an
individual, the response must be provided within
48 hours. If the PIO fails to provide the information
within the prescribed time, the applicant can file an
appeal.

Step 7: Appeal Process

If the applicant is not satisfied with the response
received, they can file a first appeal with the
Appellate Authority within 30 days of receiving the
response or after the prescribed period (30 days)
has expired without a reply. If the first appeal is
not resolved, a second appeal can be made to the
Central Information Commission (CIC) or State
Information Commission (SIC), depending on the
nature of the public authority.
Refusal of RTI Request

Grounds for Refusal

Although the RTI Act aims to promote
transparency, there are certain circumstances
under which the information requested may be
denied. Under Section 8 of the RTI Act, there are
specific exemptions that allow for refusal of the
information. Some of the common grounds for
refusal include:

1. National Security and Sovereignty: Information

related to national defense, security, and
international relations can be withheld.
2. Personal Privacy: Personal information that does
not have a public interest or does not serve the
purpose of transparency may be denied. For
example, personal details about government
employees or their families may not be disclosed
unless they are relevant to the public interest.

3. Cabinet Papers: Information related to the

deliberations of the Cabinet, including decision-
making processes, can be refused if it pertains to
the government’s policy-making process.

4. Commercial Confidentiality: Information that is

commercially sensitive, such as trade secrets,
intellectual property, and other confidential
business information, can be refused.

5. Pending Investigations: Information related to

investigations or legal proceedings may be
withheld if disclosure would harm the investigation.
Refusal in Practice
While the RTI Act provides for refusal of
information on specific grounds, there have been
instances where requests are unjustifiably refused
or delayed. This can occur due to bureaucratic
delays, misuse of exemptions, or even the failure
of the PIO to understand the law properly.

For instance, a citizen may file an RTI application

requesting the details of a government contract. In
response, the PIO may deny the information by
citing "commercial confidentiality," even when the
contract is not related to sensitive business
information but rather pertains to the allocation of
public funds.

Example: RTI Refusal Case

Case Study: Denial of Information

Regarding Government Tender Process
An RTI application was filed by a citizen requesting
information regarding the details of a tender
process conducted by a public sector enterprise for
the procurement of equipment. The citizen sought
information on the bidders, the criteria used for
selection, and the final awarded contract.

In response to this request, the PIO of the

concerned public authority denied the information,
citing Section 8(1)(d) of the RTI Act, which exempts
information that would harm the competitive
position of a third party. The PIO argued that
revealing the details of the bidders would violate
the confidentiality of the commercial interests of
the parties involved.

The citizen appealed this decision, arguing that the

request pertained to the allocation of public funds
and, as such, it was in the public interest to
disclose the information. The First Appellate
Authority upheld the PIO's decision, stating that the
requested information fell within the exemptions
provided by the RTI Act.
The citizen then filed a second appeal before the
Central Information Commission (CIC), arguing that
the public authority’s refusal was not based on
reasonable grounds and that transparency was
crucial to ensure accountability in the public
procurement process.

The CIC ruled in favor of the appellant, directing

the PIO to disclose the requested information. The
Commission stated that the public authority had
failed to establish a clear connection between the
disclosure of information and harm to the
commercial interests of the bidders. It emphasized
that public transparency outweighed any perceived
harm.

Conclusion
The RTI Act has proven to be a powerful tool for
citizens to obtain information from government
bodies, promoting transparency, and accountability
in public administration. However, the refusal of
RTI requests is a significant challenge that
undermines the effectiveness of the law. Public
authorities must adhere strictly to the exemptions
outlined in the Act and refrain from invoking them
arbitrarily.

Citizens must be aware of their rights and the

procedures to follow when filing an RTI request. If
faced with refusal, citizens can appeal through the
mechanisms provided by the Act. By doing so, they
ensure that their right to information is protected,
and public authorities are held accountable for
their actions.