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Right to Information

The Act that obliges a public authority to answer a citizenโ€™s question within thirty days. Most applications fail on how the question was asked, not on what was asked.

  • Questions framed as requests for information, not for opinions
  • The exemptions checked before you file, so a refusal is not the first you hear of them
  • The first and second appeal routes explained
  • Drafted by experienced lawyers, addressed to the right Public Information Officer

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What the Right to Information is

A citizenโ€™s statutory right to ask a public authority for information, and that authorityโ€™s duty to answer.

The Right to Information Act, 2005 mandates a timely response to citizensโ€™ requests for government information. Under the Act, any citizen may request information from a public authority, whether a body of government or an instrumentality of the state, which is required to reply expeditiously, and in any case within thirty days.

To file one, an application is made stating the department the information is wanted from and describing what is being asked for. It carries the applicantโ€™s details, is submitted to the Public Information Officer with the prescribed fee, and can be filed online.

The Act carries a list of exemptions, and one of them changed significantly in 2023: the Digital Personal Data Protection Act amended section 8(1)(j) so that personal information is now exempt outright, where previously it could be disclosed if there was a larger public interest in doing so. Anyone drafting an application that touches a named individual should know that before filing rather than after.

Governed by
RTI Act, 2005
Who may apply
Any citizen of India
Applied to
A public authority
Through its PIO
Reply within
30 days
Filed
Online or on paper
With the prescribed fee
Reason required
No
You need not say why you want it
If refused
Two appeals
Then the Information Commission

Why have the application drafted

  • The right public authority and the right Public Information Officer identified
  • Questions framed so they cannot be answered with "not available"
  • The exemptions checked before filing rather than discovered in the reply
  • The appeal drafted too, where the first answer is a refusal
  • Thousands of customers served across every state in India

What the drafting covers

  • A consultation call about what you are trying to find out and why
  • The right public authority and the right PIO identified
  • The application drafted, with the questions framed as requests for information
  • Guidance on the fee and how to file, online or on paper
  • The first appeal drafted, where the reply is a refusal or does not come

How an application actually fails

  • Asking the wrong body

    Sent to a department that does not hold the record, the application is transferred or simply refused. Identifying the right authority is half the work.

  • Asking for an opinion

    The Act obliges a public authority to give INFORMATION it holds. "Why was this decided?" invites a refusal; "provide copies of the file notings relating to this decision" does not.

  • Running into an exemption

    Personal information, national security, commercial confidence and a handful of others. Since 2023 the personal information exemption is the widest of them.

  • Not appealing

    A refusal or a silence is the start of the process, not the end of it. There is a first appeal within the authority and a second to the Information Commission.

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Have questions? Find answers here

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Talk to an expert
  • Who can file an RTI application?

    Any citizen of India. It is a right that belongs to citizens rather than to residents or to companies, though a citizen may of course ask about a matter affecting their business.

  • Do I have to say why I want the information?

    No. An applicant is not required to give reasons for the request, and a PIO may not demand them as a condition of answering.

  • How long does the authority have to reply?

    Thirty days, and expeditiously where it can. Where the information concerns the life or liberty of a person the period is much shorter.

  • What if the request is refused, or nobody replies?

    You appeal. A first appeal goes to the appellate authority within the same public body; a second appeal goes to the State or Central Information Commission.

    A refusal has to state the ground it is refused on, which is what the appeal then answers.

  • Has the Act changed recently?

    Yes, in one way that matters for drafting. The Digital Personal Data Protection Act, 2023 amended the personal information exemption in section 8(1)(j): personal information is now exempt, where previously it could be disclosed where a larger public interest justified it.

    An application touching a named individual should be framed with that in mind.

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Addressed to the right authority, and asked in a way that has to be answered.

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