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explanations:citizen-under-rti-act [2023/04/15 10:50] – Shrawanexplanations:citizen-under-rti-act [2026/06/03 17:01] (current) – external edit 127.0.0.1
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 ====== Citizenship under RTI Act 2005 ====== ====== Citizenship under RTI Act 2005 ======
-{{tag>citizenship,india}}{{like>}} + 
-{{ :explanations:citizenship-rti.jpg?400 |}} +{{ :social:auto:explanations-citizen-under-rti-act.png?direct&1200 |explanations / citizen-under-rti-act — RTI Wiki}} 
-Only citizens can apply for the information under this Act. Right to Information Act confers right not to all persons, but only on Citizens. The Application must be under the name and signature of a citizen as a person. Therefore, a corporation, company or anybody of individuals whether incorporated or not, is not entitled to seek information.+ 
 +{{htmlmetatags>metatag-keywords=(explanations citizen under rti act rti right to information india) 
 +metatag-description=(Only citizens can apply for the information under this Act. Right to Information Act confers right not to all persons, but only on Citizens.)}} 
 + 
 + 
 +<WRAP center round info 95%> 
 +**In one line.** Only a citizen of India can file a Right to Information application. A company, firm, trust, or other juristic person cannot. 
 + 
 +**What that means in practice.** 
 +  * File the application under your own name as an individual, with your signature. 
 +  * Do not file on a company letterhead or in the name of a trust. A Public Information Officer can refuse on this ground. 
 +  * The Act does not ask for a passport, Aadhaar, or voter identity card as proof of citizenship. A declaration in the application that you are a citizen of India is ordinarily sufficient. 
 +  * A director or employee of a company, applying in his or her own name as an individual citizen, can file. The information supplied may then be used by the company, but the right to apply is of the individual, not of the company. 
 +</WRAP> 
 + 
 + 
 +<WRAP center round help 95%> 
 +**New to RTI? File your first application in ten minutes.** See [[:file-rti-online-india|How to File RTI Online in India — 2026 Step-by-Step Guide]] with a ready-to-use English and Hindi template, the Rs 10 online fee flow, and the appeal path. 
 +</WRAP> 
 + 
 + 
 + 
 +===== Related ===== 
 + 
 +  * [[:act|The RTI Act, 2005 (as amended)]] 
 +  * [[:explanations|All explanations]] 
 +  * [[:why-rti-gets-rejected|Why RTI gets rejected]] 
 +  * [[:templates:first-rti|First RTI template]] 
 +  * [[:faq|25 RTI Questions Answered]] 
 +//Last reviewed on: 20 April 2026// 
 + 
 +{{tag>citizenship india}} 
 +{{ :explanations:citizenship-rti.jpg?400x300 |Citizenship under RTI Act 2005 — RTI Wiki}} 
 +Only citizens can apply for the [[:explanations:information|information]] under this Act. Right to Information Act confers right not to all persons, but only on Citizens. The Application must be under the name and signature of a citizen as a person. Therefore, a corporation, company or anybody of individuals whether incorporated or not, is not entitled to seek information.
  
 ‘Person’ defined in Section 3(42) of the General Clauses Act, 1897, include natural person and juristic person. ‘Person’ defined in Section 3(42) of the General Clauses Act, 1897, include natural person and juristic person.
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   - Section-3 of the RTI Act confers the Right to Information to all CITIZENS. Section-6(1) further provides that a ‘person’ who desires to obtain information under the Act shall make a request in writing.   - Section-3 of the RTI Act confers the Right to Information to all CITIZENS. Section-6(1) further provides that a ‘person’ who desires to obtain information under the Act shall make a request in writing.
-  - Section-5(1) provides that every public authority shall designate as many officers as the Central or State Public Information Officers in all administrative units or offices under it to provide information to persons requesting for the information under this Act.+  - Section-5(1) provides that every [[:explanations:public-authority|public authority]] shall designate as many officers as the Central or State Public Information Officers in all administrative units or offices under it to provide information to persons requesting for the information under this Act.
   - Section-5(3) provides that every Central or State Public Information Officer shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.   - Section-5(3) provides that every Central or State Public Information Officer shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.
   - Section-18(1) provides that Subject to the provisions of this Act, it shall be the duty of the Central or State Information Commission to receive and inquire into a complaint from any person.   - Section-18(1) provides that Subject to the provisions of this Act, it shall be the duty of the Central or State Information Commission to receive and inquire into a complaint from any person.
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 Even if it were conceded that a company or a corporate body is a legal entity distinct from its shareholders and it is not in itself a citizen, it is a fact that all superior courts have been admitting applications in exercise of their extraordinary jurisdiction from Companies, Societies and Associations under Article 19 of the Constitution of which the Right to Information Act, 2005 is child. Very few petitions have been rejected on the ground that the applicants / petitioners are corporate bodies or Companies or Associations and, as such, not “citizens’. This Commission also has been receiving sizeable number of such applications from such entitles. If the Courts could give relief to such entities, the PIOs also should not throw them out on a mere technical ground that the applicant / appellant happens to be a legal person and not a citizen. Even if it were conceded that a company or a corporate body is a legal entity distinct from its shareholders and it is not in itself a citizen, it is a fact that all superior courts have been admitting applications in exercise of their extraordinary jurisdiction from Companies, Societies and Associations under Article 19 of the Constitution of which the Right to Information Act, 2005 is child. Very few petitions have been rejected on the ground that the applicants / petitioners are corporate bodies or Companies or Associations and, as such, not “citizens’. This Commission also has been receiving sizeable number of such applications from such entitles. If the Courts could give relief to such entities, the PIOs also should not throw them out on a mere technical ground that the applicant / appellant happens to be a legal person and not a citizen.
  
-In conclusion we direct that an application / appeal from an Association or a Partnership Firm or a Hindu Undivided Family or from some other group of individuals constituted as a body or otherwise should be accepted and allowed. The CPIO, CPWD, Kolkata will dispose of the present application of Shri Talukdar accordingly, as mandated by Sections 6 and [[act:|7 of the RTI Act, 2005]].+In conclusion we direct that an application / appeal from an Association or a Partnership Firm or a Hindu Undivided Family or from some other group of individuals constituted as a body or otherwise should be accepted and allowed. The CPIO, CPWD, Kolkata will dispose of the present application of Shri Talukdar accordingly, as mandated by Sections 6 and [[:act:|7 of the RTI Act, 2005]].
  
 In the case of //Secretary, Cuttack Tax Bar Association Vs. Commissioner of Income Tax//[(Secretary, Cuttack Tax Bar Association Vs. Commissioner of Income Tax (CIC/AT/A/2007/00410 decided on 03/03/2008))], the Full Bench of CIC held that – In the case of //Secretary, Cuttack Tax Bar Association Vs. Commissioner of Income Tax//[(Secretary, Cuttack Tax Bar Association Vs. Commissioner of Income Tax (CIC/AT/A/2007/00410 decided on 03/03/2008))], the Full Bench of CIC held that –
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 52. We are not inclined to accept the submission made by the counsel for the Respondent. It is true that appellant has sought the impugned information on behalf of M/s Ernst & Young and has regularly appeared before the Commission to canvass his case. The fact, however, remains that appellant is a citizen of India and this proposition has not been challenged on behalf of PFCL. Even if the appellant is seeking this information on behalf of M/s Ernst & Young, he is doing so as a citizen of India u/s 3 of the Act. The Commission, therefore, is not inclined to take a hyper-technical view in the matter. In view of the precedent cited by the counsel for the appellant adverted to herein above and also by taking a pragmatic view in the matter, we hold that the appellant is well within his rights u/s 3 to seek the impugned information.</blockquote> 52. We are not inclined to accept the submission made by the counsel for the Respondent. It is true that appellant has sought the impugned information on behalf of M/s Ernst & Young and has regularly appeared before the Commission to canvass his case. The fact, however, remains that appellant is a citizen of India and this proposition has not been challenged on behalf of PFCL. Even if the appellant is seeking this information on behalf of M/s Ernst & Young, he is doing so as a citizen of India u/s 3 of the Act. The Commission, therefore, is not inclined to take a hyper-technical view in the matter. In view of the precedent cited by the counsel for the appellant adverted to herein above and also by taking a pragmatic view in the matter, we hold that the appellant is well within his rights u/s 3 to seek the impugned information.</blockquote>
  
-==== Conclusions ==== +===== Conclusions =====
   * When an RTI Application is made by a shareholder or a Managing Director or Director or Official of a company or any legal entity, under his name and signature, (even when using the company/association Letter Head), his status as a citizen does not cease to exist and therefore the RTI application is maintainable.   * When an RTI Application is made by a shareholder or a Managing Director or Director or Official of a company or any legal entity, under his name and signature, (even when using the company/association Letter Head), his status as a citizen does not cease to exist and therefore the RTI application is maintainable.
   * When an RTI Application is made and signed by its Managing Director or Director or Secretary under official designation, without indicating the name of person, it is the #Company or #Association which is the applicant.    * When an RTI Application is made and signed by its Managing Director or Director or Secretary under official designation, without indicating the name of person, it is the #Company or #Association which is the applicant. 
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