act:section-18
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| + | metatag-description=(Section 18 of the RTI Act — complaint directly to Information Commission. When to use it versus Section 19 appeal. Full reference with grounds and procedure, 2026.)}} | ||
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| + | ====== Section 18 — Powers and Functions of Information Commissions ====== | ||
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| + | {{page> | ||
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| + | <WRAP center round info 95%> | ||
| + | **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. | ||
| + | </ | ||
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| + | ===== Grounds for a Section 18 complaint ===== | ||
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| + | * **18(1)(a)** — CPIO/SPIO not designated. | ||
| + | * **18(1)(b)** — Refusal to receive an RTI application. | ||
| + | * **18(1)(c)** — 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 | ||
| + | | PIO gave a reasoned refusal you disagree with | **Section 19** first appeal | ||
| + | | PIO refused to accept the application | ||
| + | | PIO gave knowingly false information | ||
| + | | Department has no designated PIO | **Section 18** complaint (18(1)(a)) | ||
| + | | Fee demanded is excessive | ||
| + | | Systemic non-compliance with Section 4 | **Section 18** complaint | ||
| + | | PIO reply is non-speaking on merits | ||
| + | |||
| + | ===== 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)(c)) | ||
| + | * Requisitioning public records from any court or office (18(3)(d)) | ||
| + | * Issuing summons for examination of witnesses (18(3)(e)) | ||
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| + | These are substantive powers. Use Section 18 when the Commission needs to **investigate**, | ||
| + | |||
| + | ===== 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' | ||
| + | |||
| + | ===== 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) | ||
| + | (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. | ||
| + | </ | ||
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| + | ===== Related ===== | ||
| + | |||
| + | * [[act|Back to the full RTI Act]] | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[: | ||
| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | - 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// | ||
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| + | {{tag> | ||
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