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The Act that obliges a public authority to answer a citizenโs question within thirty days. Most applications fail on how the question was asked, not on what was asked.
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A citizenโs statutory right to ask a public authority for information, and that authorityโs 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 applicantโs 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.
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.
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.
Personal information, national security, commercial confidence and a handful of others. Since 2023 the personal information exemption is the widest of them.
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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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.
No. An applicant is not required to give reasons for the request, and a PIO may not demand them as a condition of answering.
Thirty days, and expeditiously where it can. Where the information concerns the life or liberty of a person the period is much shorter.
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.
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.
Addressed to the right authority, and asked in a way that has to be answered.
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