The Right to Information (RTI) Act, 2005, is a critical tool that empowers Indian citizens to request and access information from government institutions. It serves as a powerful mechanism to promote transparency and accountability in public administration. This detailed guide will help you understand the RTI Act, its purpose, who can apply, which institutions are covered, and how to file an RTI request effectively.

What is RTI?

The Right to Information Act, 2005 was introduced to ensure that the government remains transparent and accountable to its citizens. Before this law, accessing information from government departments was difficult and often impossible without official connections. Citizens were often unaware of how decisions were made or how public funds were utilized. The RTI Act changed this by making it a legal right for people to demand information from public authorities.

Purpose of the RTI Act

The main objective of the RTI Act is to promote transparency and accountability in the functioning of public authorities. The law aims to:

• Curb corruption by making the workings of the government more open and transparent
• Ensure that public officials are answerable to the citizens they serve
• Improve the efficiency and effectiveness of public services by creating a system of accountability

How Does RTI Empower Citizens?

Under the RTI Act, any Indian citizen has the legal right to request information from any public authority. Once a request is submitted, the authority is bound by law to respond within a set timeframe. This gives citizens the power to inquire about government projects, request copies of official documents, and even ask for reasons behind administrative decisions.

This right applies to everything from the smallest local body, like a village panchayat, to the highest government offices, such as central ministries.

Who Can Apply for RTI?

One of the most significant aspects of the RTI Act is its universal accessibility. Any Indian citizen can file an RTI application, regardless of their profession, gender, age, or location. Unlike certain legal or governmental processes that require qualifications or specific status, RTI applications can be made by anyone.

• There is no restriction based on educational background, occupation, or social standing.
• Even a citizen residing abroad (Non-Resident Indian) can file an RTI request, although the scope may be limited to information relevant to their inquiry.

Can Foreign Nationals File RTI?

No, only Indian citizens are allowed to file RTI applications. Foreign nationals do not have the right to file RTI requests under this Act.

Which Institutions or Bodies are Covered Under RTI?

The RTI Act applies to a wide range of institutions that function under or receive significant funding from the government. These institutions are termed public authorities.

Public Authorities Under RTI

Public authorities include any body established by the Constitution of India, any law enacted by Parliament or state legislatures, or any government notification. The key bodies covered under RTI are:

• Government Departments and Ministries: Central, state, and local government departments are obligated to provide information. This includes ministries, municipal corporations, and panchayats.

• Public Sector Undertakings (PSUs): State-owned enterprises like Indian Railways, Bharat Petroleum, and LIC are also required to respond to RTI requests.

• Educational Institutions: Universities, government-aided schools, and colleges, including prestigious institutions like IITs and IIMs, fall under the RTI Act.

• Judiciary: While courts themselves are public authorities, information regarding judicial decisions is not usually covered under RTI due to specific exemptions.

• Non-Governmental Organizations (NGOs): NGOs that receive significant funding from the government must comply with RTI requests. However, the term "substantial funding" is subject to interpretation, and only select NGOs fall under the RTI’s purview.

Exceptions: Institutions Exempt from RTI

While most government bodies are subject to RTI, there are certain exceptions to the rule:

• Defense and Intelligence Agencies: Organizations involved in national security, like the Intelligence Bureau (IB), Research and Analysis Wing (RAW), Border Security Force (BSF), and others, are exempt from RTI.

• Sensitive Information: Information that could compromise national security, sovereignty, or foreign relations is not provided under RTI. For example, strategic defense projects or confidential diplomatic communications cannot be disclosed.

However, information related to allegations of human rights violations or corruption within these exempt organizations can still be requested under RTI.

Rights of an Information Seeker

As an RTI applicant, you are entitled to several rights under the Act. These rights are designed to ensure that you receive timely and accurate information from the concerned public authority. Here’s a breakdown of your key rights:

1. Right to Timely Information: The public authority must provide you with the requested information within 30 days of receiving your application. If the information concerns the "life or liberty" of a person, it must be provided within 48 hours.

2. Right to Know Reasons for Decisions: You have the right to ask for the reasons behind any government decision, particularly if it affects you directly. For instance, if you’ve been denied a government benefit, you can ask for an explanation through RTI.

3. Right to Access Information in Various Formats: You can request information in multiple forms, including:

   • Hard copies of documents
   • Electronic copies (email, CD, etc.)
   • Inspection of physical records or works, especially in public projects like road construction
   • Taking samples of materials used in public works (like materials used in government-funded projects)

4. Right to Obtain Partial Information: Even if some parts of the information you’ve requested are confidential, the authority should still provide the non-sensitive portions of the information.

5. Right to Appeal: If you do not receive a satisfactory response, you have the right to appeal to higher authorities within the prescribed timelines (explained further below).

Obligations of CPIO/PIO (Public Information Officers)

Every public authority has designated officers responsible for handling RTI requests. These officers are referred to as Public Information Officers (PIOs) at the state level or Central Public Information Officers (CPIOs) at the central level. Their obligations include:

1. Responding within 30 Days: The PIO/CPIO must respond to your request within 30 days. If they cannot provide the information, they must explain why.

2. Transferring the Application if Necessary: If the requested information is held by another public authority, the PIO must transfer your application to the relevant authority within five days of receiving your request.

3. Assisting Applicants: PIOs are required to help citizens who may have difficulty framing their RTI applications. If your application is unclear or incomplete, the PIO must assist in making the necessary corrections.

4. Providing Reason for Denial: In case the information cannot be provided due to legal exemptions, the PIO must inform you of the specific reason for the denial and explain the legal basis behind it.

Escalation Matrix in RTI

If your RTI request is denied or not responded to within the stipulated time, you have the option to appeal. The RTI Act provides a two-tier appeal process.

First Appeal

• File with the Appellate Authority: The first appeal can be made to the Appellate Authority within the same public body where you filed your initial RTI request. This appeal must be filed within 30 days of the date when the original response was due or received.

• Purpose of the First Appeal: The Appellate Authority will review your case, including the original RTI request and the reasons given for any denial or delay. They will either direct the PIO to release the information or provide further clarification.

Second Appeal

• File with the Central or State Information Commission: If you are not satisfied with the outcome of the first appeal, you can escalate the matter to the Central Information Commission (CIC) or State Information Commission (SIC). The second appeal must be filed within 90 days of receiving the decision from the first appeal.

• Role of Information Commissions: These commissions are independent bodies established to oversee RTI matters. They can impose penalties on PIOs for delays or refusal to provide information without valid reasons.

Timelines for Appeals

• First Appeal: Must be filed within 30 days of the original response or non-response.
• Second Appeal: Must be filed within 90 days of the First Appellate Authority’s decision.

Conclusion: Filing RTI with Ease

The Right to Information Act, 2005, empowers you to hold the government accountable and ensures transparency in public administration. By using RTI, you can request information about public projects, understand how decisions are made, and ensure that government officials remain answerable.

If you need assistance filing an RTI request, Bima Samadhan offers expert support to help you navigate the process with ease. Our services cover selected public authorities, and we plan to gradually expand our offerings to include more government bodies. Get in touch with us to make the process of filing RTI requests simpler and more effective!

Feel free to contact us if you have any questions or need help getting started with your RTI application. OR click here to get started and file your RTI.