Citizenship under RTI Act 2005

anonymous@undisclosed.example.com (Anonymous) — Tue, 05 May 2026 04:28:29 +0000

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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.)}}
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		+	<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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	In a case of Inder Grover v Ministry of Railways [(No. CIC/OK/A/2006/000121 27.06.2006 (CIC))]		In a case of Inder Grover v Ministry of Railways [(No. CIC/OK/A/2006/000121 27.06.2006 (CIC))]
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	"Persons applying for information under this Act should apply as natural and individual persons (citizens). Corporate bodies and juristic persons can not apply for information under this act. If a person applies as a representative of a corporate body then he is not entitled for the information required under this act."		"Persons applying for information under this Act should apply as natural and individual persons (citizens). Corporate bodies and juristic persons can not apply for information under this act. If a person applies as a representative of a corporate body then he is not entitled for the information required under this act."
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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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	===== More Explanation on Citizenship under RTI Act =====		===== More Explanation on Citizenship under RTI Act =====
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	==== The first issue is whether a juristic person can seek information under the Right to Information Act? ====		==== The first issue is whether a juristic person can seek information under the Right to Information Act? ====

-	The issue whether the word “person’ mentioned in Rule-1 of Order XXXIII of CPC refers only to a natural person or includes also other juridical persons came up before the Apex Court in //Union Bank of India Vs. Khader International [(Union Bank of India Vs. Khader International Construction & Ors (AIR 2001 SC 2277))]//, in which the Apex Court held that a public limited company which is otherwise entitled to maintain a suit as a legal person can very well maintain an application under Order XXXIII Rule-1 of CPC. The Apex Court made reference to serious of decisions on the subject and held that a survey of various decisions should show that preponderance of the view is that the word “person” referred to in Order XXXIII includes a juristic person also. The Apex Court quoted with approval an earliest decision of Division Bench of the Madras High Court in Perumal Koundan Vs. Tirumalrayapuram Jananukoola Dhanasekhara Sanka Nidhi Ltd [(Perumal Koundan Vs. Tirumalrayapuram Jananukoola Dhanasekhara Sanka Nidhi Ltd (AIR 1918 Madras 362))] in which case the company registered under the Companies Act went into liquidation and the appointed official liquidator applied to file a suit on behalf of the company in forma pauperis against the petitioner therein and the petitioners raised objections that the company could not file a suit in forma pauperis. Repelling this contention the Division Bench held:	+	The issue of whether the word “person’ mentioned in Rule-1 of Order XXXIII of CPC refers only to a natural person or includes also other juridical persons came up before the Apex Court in //Union Bank of India Vs. Khader International [(Union Bank of India Vs. Khader International Construction & Ors (AIR 2001 SC 2277))]//, in which the Apex Court held that a public limited company which is otherwise entitled to maintain a suit as a legal person can very well maintain an application under Order XXXIII Rule-1 of CPC. The Apex Court made reference to serious of decisions on the subject and held that a survey of various decisions should show that preponderance of the view is that the word “person” referred to in Order XXXIII includes a juristic person also. The Apex Court quoted with approval an earliest decision of Division Bench of the Madras High Court in Perumal Koundan Vs. Tirumalrayapuram Jananukoola Dhanasekhara Sanka Nidhi Ltd [(Perumal Koundan Vs. Tirumalrayapuram Jananukoola Dhanasekhara Sanka Nidhi Ltd (AIR 1918 Madras 362))] in which case the company registered under the Companies Act went into liquidation and the appointed official liquidator applied to file a suit on behalf of the company in forma pauperis against the petitioner therein and the petitioners raised objections that the company could not file a suit in forma pauperis. Repelling this contention the Division Bench held:


-	“We are unable to accept this contention. The word ‘person’ is not defined in the Code of Civil Procedure and consequently the definition of word ‘person’ as including any Company or Association or body of individuals whether incorporated or not, in the General Clauses Act ( X of 1897 ) would apply unless there is something repugnant to the subject or context.”	+	“We are unable to accept this contention. The word ‘person’ is not defined in the Code of Civil Procedure and consequently, the definition of the word ‘person’ as including any Company or Association or body of individuals whether incorporated or not, in the General Clauses Act ( X of 1897 ) would apply unless there is something repugnant to the subject or context.”

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	In the same case, the Hon'ble Court has come to a conclusion that the word “person’ is to be given it’s meaning in the context in which it is used. The Hon'ble Apex Court has cited the following observations of //Lord Selborne in Pharmaceutical Society Vs. London and Provincial Supply Association [(Lord Selborne in Pharmaceutical Society Vs. London and Provincial Supply Association (6 Appeal Cases 857))]//:		In the same case, the Hon'ble Court has come to a conclusion that the word “person’ is to be given it’s meaning in the context in which it is used. The Hon'ble Apex Court has cited the following observations of //Lord Selborne in Pharmaceutical Society Vs. London and Provincial Supply Association [(Lord Selborne in Pharmaceutical Society Vs. London and Provincial Supply Association (6 Appeal Cases 857))]//:
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-	It is thus a settled position of law that the term ‘person’ referred to in General Clauses Act, 1897 include natural person and juristic persons. However, the Right to Information Act confers the right not to all ‘persons’ but only on ‘citizens’ and there is no ambiguity about the definition of the term ‘citizen’. A juristic person can be a “person” but he cannot be a “citizen”. Every citizen is a person but the vice versa of the same is not true. An artificial or juristic person cannot be a citizen.	+	It is thus a settled position of law that the term ‘person’ referred to in General Clauses Act, 1897 includes natural person and juristic persons. However, the Right to Information Act confers the right not to all ‘persons’ but only on ‘citizens’ and there is no ambiguity about the definition of the term ‘citizen’. A juristic person can be a “person” but he cannot be a “citizen”. Every citizen is a person but vice versa of the same is not true. An artificial or juristic person cannot be a citizen.
		+
		+	The issue of whether corporation or juridical person can be recognized as citizen has been adjudicated in detail by the Hon'ble Supreme Court in //Bennett Coleman & Co. and ors. Vs Union of India[(Bennett Coleman & Co. and ors. Vs Union of India ( AIR 1973 SC 106 ))]// by revisiting its earlier decisions.

-	The issue whether corporation or juridical person can be recognized as citizen has been adjudicated in detail by the Hon'ble Supreme Court in //Bennett Coleman & Co. and ors. Vs Union of India[(Bennett Coleman & Co. and ors. Vs Union of India ( AIR 1973 SC 106 ))]// by revisiting its earlier decisions.

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	====== Citizenship under RTI Act 2005 ======		====== Citizenship under RTI Act 2005 ======

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	In the case of //Express News Papers and Another Vs Union of India and others[(Express News Papers and Another Vs Union of India and others [(1959) SCR 12])], Sakal Papers (P) Ltd and Ors Vs. Union of India [(Sakal Papers (P) Ltd and Ors Vs. Union of India (AIR 1962 SC 305))]// relief has been granted to the petitioners claiming fundamental rights as shareholders or editors of newspaper companies. In both these cases, there was no plea about the maintainability of the writ petition on the ground that one of the petitioners happened to be a company.		In the case of //Express News Papers and Another Vs Union of India and others[(Express News Papers and Another Vs Union of India and others [(1959) SCR 12])], Sakal Papers (P) Ltd and Ors Vs. Union of India [(Sakal Papers (P) Ltd and Ors Vs. Union of India (AIR 1962 SC 305))]// relief has been granted to the petitioners claiming fundamental rights as shareholders or editors of newspaper companies. In both these cases, there was no plea about the maintainability of the writ petition on the ground that one of the petitioners happened to be a company.
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	In the case of //Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd//[(Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd)], the Apex Court held that: …..		In the case of //Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd//[(Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd)], the Apex Court held that: …..

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	A “Citizen” under the Constitution Part II that deals with “citizenship” can only be a natural born person and it does not even by implication include a legal or a juristic person Section 2(f) of the Citizenship Act defines a person as under: “Person” does not include a company, an association or a Body of individuals whether incorporated or not.”		A “Citizen” under the Constitution Part II that deals with “citizenship” can only be a natural born person and it does not even by implication include a legal or a juristic person Section 2(f) of the Citizenship Act defines a person as under: “Person” does not include a company, an association or a Body of individuals whether incorporated or not.”
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	The objective of the Right to Information Act is to secure access to information to all citizens or order to promote transparency and accountability. The Hon'ble Supreme Court in //Bennett Coleman & Co. and Ors Vs. Union of India//[(Bennett Coleman & Co. and Ors Vs. Union of India (decided in the year 1973))] (decided in the year 1973) held that a shareholder is entitled to protection of Article 19 and that an individual’s right is not lost by reason of the fact that he is a shareholder of the company.		The objective of the Right to Information Act is to secure access to information to all citizens or order to promote transparency and accountability. The Hon'ble Supreme Court in //Bennett Coleman & Co. and Ors Vs. Union of India//[(Bennett Coleman & Co. and Ors Vs. Union of India (decided in the year 1973))] (decided in the year 1973) held that a shareholder is entitled to protection of Article 19 and that an individual’s right is not lost by reason of the fact that he is a shareholder of the company.

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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]].
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	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 =====
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	* 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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Citizenship under RTI Act 2005