Exercising Your Right to Information through Legal Channels

In India, the Right to Information Act (RTI) of 2005 gives citizens the right to access information held by the government. This act promotes transparency and accountability in the functioning of public authorities, and allows individuals to access information that may be in their interest or that may help expose corruption and wrongdoing.

Who is covered under the RTI Act?

If you are a resident of India and want to exercise your right to information, here are some key points to keep in mind:

The RTI Act applies to all public authorities in India, including:

• Central government departments and agencies
• State government departments and agencies
• Local bodies such as municipal corporations and panchayats
• Public sector undertakings
• Autonomous bodies and societies
• Non-governmental organizations receiving substantial funding from the government

What kind of information can be accessed under the RTI Act?

The RTI Act allows citizens to access any information that is held by or under the control of a public authority. This includes:

• Policies, plans, and reports
• Records, documents, and statistics
• Communications and correspondence
• Decision-making processes and reasons for decisions
• Details of any contracts, tenders, or agreements entered into by the public authority
• Details of any grants or subsidies given by the government

How do you file an RTI application?

To file an RTI application, you will need to follow the following steps:

• Identify the public authority that holds the information you are seeking. You can find a list of public authorities on the RTI website.
• Draft a letter or use the prescribed application form to make your RTI request. You can find the application form on the RTI website.
• Submit your RTI request either in person, by post, or online. You can submit your application in person at the public authority’s office, or you can send it by post or email. Some public authorities also have an online portal for filing RTI requests.
• Pay the prescribed fee. The RTI Act has a fee structure for filing RTI requests, which is based on the category of the applicant (e.g. general category, SC/ST category). You can pay the fee by cash, demand draft, or online.

What happens after you file an RTI application?

Once you have filed your RTI application, the public authority has 30 days to respond to your request. The public authority may either provide you with the information you have requested, or it may refuse to provide the information on the grounds that it is exempt from disclosure under the RTI Act.

If the public authority refuses to provide the information, it must give you a written explanation for the refusal and inform you of your right to appeal. You can appeal the decision by writing to the First Appellate Authority of the public authority, or by filing an appeal with the Central Information Commission (CIC) or the State Information Commission (SIC).

What if you are not satisfied with the response to your RTI request?

If you are not satisfied with the response to your RTI request, you can file an appeal with the First Appellate Authority of the public authority, or with the CIC or SIC. The appellate authority will review your case and issue a decision on whether to uphold or overturn the public authority’s decision.

If you are still not satisfied with the decision of the appellate authority, you can file a second appeal with the CIC or SIC. The CIC or SIC will review your case and issue a final decision on the matter.

Key takeaways

• The RTI Act gives citizens the right to access information held by the government.
• You can file an RTI request with a public authority by submitting a letter or application form, either in person, by post, or online.
• The public authority has 30 days to respond to your request, and may either provide the information or refuse to disclose it on the grounds that it is exempt from disclosure.
• If you are not satisfied with the response to your RTI request, you can file an appeal with the First Appellate Authority or the CIC or SIC.

• The RTI Act applies to all public authorities in India, including central, state, and local bodies, public sector undertakings, and NGOs receiving government funding.
• You can access any information held by a public authority under the RTI Act, including policies, records, documents, statistics, decision-making processes, and contracts.
• To file an RTI request, you will need to identify the public authority holding the information, draft a letter or use the prescribed application form, and submit the request in person, by post, or online.
• The public authority has 30 days to respond to your request, and may either provide the information or refuse to disclose it on the grounds that it is exempt from disclosure.
• If you are not satisfied with the response to your RTI request, you can file an appeal with the First Appellate Authority or the CIC or SIC.