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Module 02 — Drafting RTIs that survive PIO refusal

RTI for Journalists — Investigative Filing Course Module 02

Goal: Write applications a PIO can't legally refuse.

Frame for disclosability

  1. Ask for records that exist: invoices, orders, file notings (post-decision), minutes, lists.
  2. Avoid asking why decisions were taken — ask for reasons recorded in the file.
  3. Avoid named third-party data unless the public-interest case is iron-clad (§8(1)(j) vs §8(2)).
  4. For §8(1)(d) commercial-confidence: ask for post-award records — they're disclosable per consistent HC rulings.

5 patterns that always work

  1. “Year-wise” — “Year-wise expenditure on X for FY 2020-21 to FY 2025-26” — easier for PIO to retrieve, harder to refuse.
  2. “List of” — “List of contractors awarded works above ₹50L in FY 2024-25” — pure record disclosure.
  3. “Copies of” — “Copies of all letters sent by X office to Y office between [dates]” — discrete files, easy to sever.
  4. “Statistics on” — “Number of complaints received and resolved on issue X in FY 2024-25” — aggregate data, no privacy issue.
  5. “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:

  1. 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].
  2. 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).
  3. 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:

  1. Header (5 lines)
  2. 1-line intro
  3. 4-7 numbered sub-questions, each 1-2 lines
  4. Fee declaration (1 line)
  5. 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:

  1. RTI A: technical bid document + evaluation matrix
  2. RTI B: financial bid documents + comparative chart

✅ Quiz

Quiz available from your course dashboard.

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