Module 02 — Drafting RTIs that survive PIO refusal
Goal: Write applications a PIO can't legally refuse.
Frame for disclosability
Ask for records that exist: invoices, orders, file notings (post-decision), minutes, lists.
Avoid asking why decisions were taken — ask for reasons recorded in the file.
Avoid named third-party data unless the public-interest case is iron-clad (§8(1)(j) vs §8(2)).
For §8(1)(d) commercial-confidence: ask for post-award records — they're disclosable per consistent HC rulings.
5 patterns that always work
“Year-wise” — “Year-wise expenditure on X for FY 2020-21 to FY 2025-26” — easier for PIO to retrieve, harder to refuse.
“List of” — “List of contractors awarded works above ₹50L in FY 2024-25” — pure record disclosure.
“Copies of” — “Copies of all letters sent by X office to Y office between [dates]” — discrete files, easy to sever.
“Statistics on” — “Number of complaints received and resolved on issue X in FY 2024-25” — aggregate data, no privacy issue.
“Reasons recorded for” — “Reasons recorded in the file for [decision X]” — specific, file-bound.
Anticipate §8 objections
For each sub-question, write a 1-line counter-argument in the application itself, citing case law:
Anticipate §8(1)(d): “The information sought is post-decisional and the tender process is concluded; §8(1)(d) does not apply per Bombay HC in [case].”
Anticipate §8(1)(e): “The records are held in the course of statutory duty, not in fiduciary capacity; §8(1)(e) does not apply per SC in Union of India v. Patel (March 2026).”
Anticipate §8(1)(j): “The information is about public activity of public servants; §8(1)(j) does not apply per Karnataka HC 9-Feb-2026.”
This pre-empts the standard refusal — PIOs hate having their boilerplate exemption-claim already torn apart in the application.
Word-budget the application
PIOs glaze over after 2 pages. Keep applications tight:
Header (5 lines)
1-line intro
4-7 numbered sub-questions, each 1-2 lines
Fee declaration (1 line)
Footer (signature + ID + phone)
A 1-page application gets answered. A 5-page application gets returned for 'simplification' under §7(9).
When in doubt, file two
Two narrow, focused RTIs > one broad. PIOs can §7(9) reject “voluminous” — but cannot reject “specific”. Split a tender RTI into:
RTI A: technical bid document + evaluation matrix
RTI B: financial bid documents + comparative chart
✅ Quiz
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Last reviewed: 24 April 2026.