Right to Information Act, 2005: A Complete Guide for Citizens

They say, “An informed citizen is the cornerstone of a strong democracy.” The Right to Information Act, 2005 (RTI Act) was enacted with exactly this vision, to empower citizens, promote transparency, and hold the government accountable.

In this guide, we’ll break down everything you need to know about filing an RTI application, understanding your rights, and navigating the appeals process, all in simple, practical language.

What is the RTI Act and Why is it important?

The RTI Act, 2005 is a central law enacted by the central government which gives every Indian citizen the ‘right’ to request information from Public Authorities. It is a crucial tool to:

1. Promote transparency in governance.

2. Ensure accountability of public authorities.

3. Combat corruption and misuse of power.

The law is rooted in the idea that democracy thrives when people have access to information. Without it, citizens cannot make informed decisions or question the actions of those in power.

What Counts as “Information” Under RTI?

As per Section 2(f) of the RTI Act, information means any material in any form, such as:

a. Records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models.

2. Data in electronic formats (diskettes, floppies, tapes, video cassettes, computer files).

3. Information about private bodies that can be accessed by a public authority under any law.

“Record” (Section 2(i)) includes documents, manuscripts, files, microfilms, facsimile copies, or any reproduced image.

It must be noted that RTI Act does not require authorities to create new information, interpret queries, or answer hypothetical questions. Public Authorities are bound to give information which is in their records.

Your Right to Information – What You Can Ask For

Under the RTI Act, you can request:

1. Inspection of work, documents, and records.

2. Certified copies of documents.

3. Samples of materials held by the public authority.

4. Information in electronic format (e.g., printouts, CDs).

You can also request the information in the format you prefer – and it must be provided in that form unless it disproportionately diverts resources.

Who is a Public Authority?

A public authority has been defined in Section 2(h) of the RTI Act and includes:

i. Authorities/bodies established by the Constitution of India.

ii. Institutions created by Parliament or State Legislatures.

iii. Bodies owned, controlled, or substantially financed by the government.

iv. NGOs substantially financed (directly or indirectly) by the government.

The term “substantially financed” is not strictly defined and is decided on a case-to-case basis by courts and information commissions.

How to File an RTI Application (Steps):

Any citizen of India, including NRIs, can file an RTI application.

1. Identify the public authority from which you want information.

2. Address your application to the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO).

3. Draft the request clearly, mentioning the information you seek.

4. Pay the prescribed fee (varies by state/authority).

5. Submit it in writing (Hindi, English, or local official language) or via electronic mode.

You can also file your application online on the online portal of respective states or union. For authorities which fall under the jurisdiction of central government, online application can be filed at the link shared here.

https://rtionline.gov.in/

Special Provisions for Applicants

• Assistance for disabled/illiterate persons – If you cannot write, the PIO must help reduce your oral request to writing.

• Free of cost information – If the authority fails to respond within the legal time limit, the information must be given free of charge.

Transfer of RTI Application:

If your application is sent to the wrong public authority, then Section 6(3) of the RTI Act requires the receiving authority to transfer the request to the correct one within 5 days and inform the applicant.

Time Limits for Getting Information:

• In ordinary cases the public authority is bound to provide the information within 30 days from receipt of the request.

• Where Life or liberty of a person is concerned then Section 7 of the RTI Act mandates the authority to provide the information within 48 hours.

• Where an application has been transferred to the correct public authority under Section 6(3) of the RTI Act: 30 days from the date it reaches the correct authority.

When Can an RTI Request be Rejected?

A CPIO/SPIO can reject your request if:

• The information falls under exemptions (security, sovereignty, trade secrets, etc.) under Section 8 of the RTI Act.

• It is expressly prohibited by another law.

If rejected, the officer must inform you of:

1. The reason for rejection.

2. Appeal time limits.

3. Appellate authority details.

Procedure to Appeal under the RTI Act:

First Appeal

If no reply is furnished by the concerned public authority within the time limit, or you are dissatisfied with the reply, you can appeal to the First Appellate Authority (senior officer to the PIO) within 30 days. The appeal must be decided within 30–45 days.

Second Appeal

If unsatisfied with the first appeal decision, you can approach the Central or State Information Commission within 90 days.

Third-Party Information

If the information requested concerns a third party:

• The PIO must issue a notice to that person.

• The third party can object to disclosure.

• Disclosure is allowed if public interest outweighs possible harm (except in trade/commercial secrets protected by law).

Exemptions from Disclosure

Certain information is exempt, such as:

• Matters affecting national security and sovereignty.

• Information forbidden by a court or law.

• Intellectual property or trade secrets (unless public interest prevails).

The Right to Information Act, 2005 empowers citizens to ask questions, demand accountability, and ensure transparency in public affairs. By granting access to government held records, the Act bridges the gap between the state and its subjects, reinforcing the principle that governance must be conducted in the light, not in the shadows.

Over the years, landmark Supreme Court judgments have also strengthened this right, clarifying its scope, balancing it against privacy and confidentiality, and ensuring that public authorities remain answerable to the people they serve.