Table of Contents
Section 18 — Powers and Functions of Information Commissions
In one line: Section 18 gives any person the right to complain directly to the Information Commission (CIC or SIC) about specified procedural and systemic failures — without going through the first-appeal stage. It is the alternative to Section 19 appeals, used when the PIO's failure is procedural rather than substantive.
Grounds for a Section 18 complaint
- 18(1)(a) — CPIO/SPIO not designated.
- 18(1)(b) — Refusal to receive an RTI application.
- 18(1)© — Not given a response within the time specified.
- 18(1)(d) — Required to pay an unreasonable amount as fee.
- 18(1)(e) — Given incomplete, misleading, or false information.
- 18(1)(f) — Any other matter relating to requesting or obtaining information.
Section 18 vs Section 19 — which to use
| Scenario | Use |
|---|---|
| PIO gave a reasoned refusal you disagree with | Section 19 first appeal |
| PIO refused to accept the application | Section 18 complaint (18(1)(b)) |
| PIO gave knowingly false information | Section 18 complaint (18(1)(e)) |
| Department has no designated PIO | Section 18 complaint (18(1)(a)) |
| Fee demanded is excessive | Either, but 18(1)(d) is faster |
| Systemic non-compliance with Section 4 | Section 18 complaint |
| PIO reply is non-speaking on merits | Section 19 — speaking-order is a Section 7(8) issue |
Powers of the Commission under Section 18
Section 18(2) grants the Commission powers of a civil court for inquiry:
- Summoning and enforcing attendance (18(3)(a))
- Requiring discovery and inspection of documents (18(3)(b))
- Receiving evidence on affidavit (18(3)©)
- Requisitioning public records from any court or office (18(3)(d))
- Issuing summons for examination of witnesses (18(3)(e))
These are substantive powers. Use Section 18 when the Commission needs to investigate, not just review.
Landmark rulings
- Chief Information Commissioner v. State of Manipur, (2011) 15 SCC 1 — clarified the distinction between Section 18 (complaint) and Section 19 (appeal).
- Anjali Bhardwaj v. UoI, (2020) 11 SCC 345 — Commission's Section 18 powers support supervisory jurisdiction.
Drafting a Section 18 complaint
Complaint under Section 18(1) of the RTI Act, 2005 to the
[Central / State] Information Commission against
[public authority / officer].
Grounds:
(i) [18(1)(a)/(b)/(c)/(d)/(e)/(f) — cite specific clause]
(ii) [Facts with dates and documents referenced]
(iii) [Systemic concern, if any]
Prayer:
(a) An inquiry under Section 18(2) into the above.
(b) Direction to produce records under Section 18(3).
(c) Appropriate relief including Section 20 penalty on
the erring officer, if mala fides are established.
Related
Sources
- RTI Act, 2005, Section 18.
- CIC v. State of Manipur, (2011) 15 SCC 1.
- Anjali Bhardwaj v. UoI, (2020) 11 SCC 345.
Last reviewed on: 21 April 2026