Right to Information Wiki

Section 18 — Powers and Functions of Information Commissions

anonymous@undisclosed.example.com (Anonymous) — Thu, 23 Apr 2026 00:47:14 +0000

2026/05/03 15:49	current
Line 1:	Line 1:
	+	{{htmlmetatags>metatag-keywords=(section 18 rti act, rti complaint, rti information commission complaint, section 18 vs section 19, rti complaint procedure)
	+	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.)}}
	+
	+	====== Section 18 — Powers and Functions of Information Commissions ======
	+
	+	{{ :social:auto:act-section-18.png?direct&1200 \|Section 18 — Complaints to the Information Commission}}
	+
	+	{{page>snippets:dpdp-banner}}
	+
	+	<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.
	+	</WRAP>
	+
	+	===== Grounds for a Section 18 complaint =====
	+
	+	* 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 ^ Use ^
	+	\| PIO gave a reasoned refusal you disagree with \| Section 19 first appeal \|
	+	\| PIO refused to accept the application \| Section 18 complaint (18(1)(b)) \|
	+	\| PIO gave knowingly false information \| Section 18 complaint (18(1)(e)) \|
	+	\| Department has no designated PIO \| Section 18 complaint (18(1)(a)) \|
	+	\| Fee demanded is excessive \| Either, but 18(1)(d) is faster \|
	+	\| Systemic non-compliance with Section 4 \| Section 18 complaint \|
	+	\| PIO reply is non-speaking on merits \| Section 19 — speaking-order is a Section 7(8) issue \|
	+
	+	===== 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))
	+
	+	These are substantive powers. Use Section 18 when the Commission needs to investigate, not just review.
	+
	+	===== 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's Section 18 powers support supervisory jurisdiction.
	+
	+	===== Drafting a Section 18 complaint =====
	+
	+	<code>
	+	Complaint under Section 18(1) of the RTI Act, 2005 to the
	+	[Central / State] Information Commission against
	+	[public authority / officer].
	+
	+	Grounds:
	+	(i) [18(1)(a)/(b)/(c)/(d)/(e)/(f) — cite specific clause]
	+	(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.
	+	</code>
	+
	+	===== Related =====
	+
	+	* [[:act\|Back to the full RTI Act]]
	+	* [[:act:section-19\|Section 19 — Appeals (alternative route)]]
	+	* [[:act:section-20\|Section 20 — Penalties]]
	+	* [[:rti-vs-complaint\|RTI vs Complaint — when RTI is not the right tool]]
	+	* [[:templates:first-appeal\|First Appeal template]]
	+
	+	===== Sources =====
	+
	+	- 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//
	+
	+	{{tag>rti act section-18 complaint information-commission 2026}}

The Right to Information Act, 2005 — summary, sections, and notes

anonymous@undisclosed.example.com (Anonymous) — Sun, 03 May 2026 08:28:37 +0000

2026/05/03 15:49	current
Line 1:	Line 1:
	+	====== The Right to Information Act, 2005 — summary, sections, and notes ======
	+
	+	{{ :social:auto:act-summary.png?direct&1200 \|act / summary — RTI Wiki}}
	+
	+	<WRAP center round tip 95%>
	+	If your RTI was rejected. See [[:why-rti-gets-rejected\|Why RTI Applications Get Rejected in India — and How to Avoid It]]. Five reasons, the exact fix for each, and two case studies.
	+	</WRAP>
	+
	+	{{htmlmetatags>metatag-keywords=(rti act 2005 summary, rti act sections, rti act notes, section 8, section 19, section 20, section 2(h), section 4, public information officer, first appellate authority, information commission, rti act amendments, dpdp rules 2025 rti)
	+	metatag-description=(A single-page reference summary of the Right to Information Act, 2005 as amended. Chapter-wise structure, section-by-section notes, the procedural flow from.)}}
	+
	+	<WRAP center round tip 95%>
	+	New to RTI? Start with the three most-used guides on this site:
	+	* [[:file-rti-online-india\|How to File RTI Online in India — 2026 Step-by-Step Guide]].
	+	* [[:why-rti-gets-rejected\|Why RTI Applications Get Rejected — and How to Avoid It]].
	+	* [[:faq\|FAQ — twenty-five most-asked RTI questions]].
	+	</WRAP>
	+	{{ :rti-act-flow.png?1000x657 \|How the Right to Information Act, 2005 works — application to appeal}}
	+
	+	//A single-page reference summary of the Right to Information Act, 2005 as amended by the Right to Information (Amendment) Act, 2019 and by Section 44(3) of the Digital Personal Data Protection Act, 2023 in force from 14 November 2025. Covers the purpose of the Act, the chapter and section structure, the procedural flow from application to appeal, the exemptions, the Commissions, and the penalties. Each substantive point carries an inline cross-reference to the full section text or to the concept explainer on this site.//
	+
	+	<WRAP center round info 95%>
	+	In one line. The Right to Information Act, 2005 gives every citizen of India a statutory right to seek information from a public authority. The application goes to the Public Information Officer, who must reply within thirty days. The reader has a right to a first appeal within thirty days, and a right to a second appeal to the Central Information Commission (for Central Government matters) or the State Information Commission (for State matters) within ninety days. A Public Information Officer who refuses without reasonable cause is liable to a penalty of two hundred and fifty rupees per day up to twenty-five thousand rupees. For the full text section by section, see [[:act\|the RTI Act, 2005 — current text]].
	+	</WRAP>
	+
	+	===== Why the Act was enacted =====
	+
	+	The Right to Information Act, 2005 (No. 22 of 2005) codifies a right that the Supreme Court had already recognised under Article 19(1)(a) of the Constitution. In //State of U.P. v. Raj Narain//, (1975) 4 SCC 428, the Court held that the right to know about the affairs of the Government is implicit in the freedom of speech and expression. In //S.P. Gupta v. Union of India//, 1981 Supp SCC 87, and in //People's Union for Civil Liberties v. Union of India//, (2003) 4 SCC 399, the Court extended the principle. The Act gave legislative form to the constitutional direction.
	+
	+	The long title records the purpose. The Act is to "provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority". It came into force on 12 October 2005.
	+
	+	===== Structure of the Act =====
	+
	+	The Act has 31 sections across six chapters, together with a First Schedule containing the oath of office. The chapter scheme is set out below.
	+
	+	^ Chapter ^ Sections ^ Subject ^
	+	\| I \| 1, 2 \| Preliminary — short title and definitions \|
	+	\| II \| 3 to 11 \| Right to information and obligations of public authorities \|
	+	\| III \| 12 to 14 \| Central Information Commission \|
	+	\| IV \| 15 to 17 \| State Information Commission \|
	+	\| V \| 18 to 20 \| Powers and functions, appeal and penalty \|
	+	\| VI \| 21 to 31 \| Miscellaneous \|
	+
	+	For the full text of each chapter, see [[:act\|the current text of the Act]] with amendment overlays.
	+
	+	===== Key terms =====
	+
	+	* "Information" under [[:act#section-2preliminary-definitions\|Section 2(f)]] means any material in any form, including records, documents, memos, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, and data held in any electronic form. The Supreme Court in //Central Board of Secondary Education v. Aditya Bandopadhyay//, (2011) 8 SCC 497, held that an evaluated examination answer sheet is information within the meaning of this clause. See also [[:explanations:information\|Information — concept note]].
	+	* "Public authority" under [[:act#section-2preliminary-definitions\|Section 2(h)]] means any body formed by the Constitution, a law of Parliament or a State Legislature, or a notification of the appropriate Government; or owned, controlled, or substantially financed by the appropriate Government. The test was set out by the Supreme Court in //Thalappalam Service Coop. Bank Ltd. v. State of Kerala//, (2013) 16 SCC 82. See also [[:explanations:public-authority\|Public authority — concept note]].
	+	* "Right to information" under [[:act#section-2preliminary-definitions\|Section 2(j)]] includes the right to inspect works, documents, records; take notes, extracts, or certified copies; and take certified samples of material.
	+	* "Public Information Officer" under [[:act#section-5designation-of-public-information-officers\|Section 5]] is the officer designated by the public authority to receive, decide, and reply to Right to Information applications.
	+	* "Third party" under [[:act#section-2preliminary-definitions\|Section 2(n)]] is any person, other than the applicant and the public authority, whose interest is affected by the disclosure. See also [[:explanations:third-party\|Third party — concept note]].
	+
	+	===== How an RTI matter flows =====
	+
	+	The procedure from application to appeal runs in four stages.
	+
	+	==== Stage 1. The application (Section 6) ====
	+
	+	A citizen of India sends a written request, with a fee of ten rupees (at the Central Government level), to the Public Information Officer of the concerned public authority. The applicant need not give a reason for the request. [[:act#section-6request-for-obtaining-information\|Section 6(2)]] expressly bars the Public Information Officer from asking why the information is needed. Where the application is wrongly addressed, [[:act#section-6request-for-obtaining-information\|Section 6(3)]] requires the Public Information Officer to transfer it to the right public authority within five days. See [[:guide:applicant\|Guide for applicants]].
	+
	+	==== Stage 2. The reply (Section 7) ====
	+
	+	The Public Information Officer must decide the application within thirty days of receipt under [[:act#section-7disposal-of-request\|Section 7(1)]]. Where the information concerns life or liberty, the period is forty-eight hours. Where a [[:act#section-11third-party-information\|Section 11]] third-party procedure is engaged, the period is forty days. A non-reply within the statutory period is a "deemed refusal" and allows the applicant to file a first appeal. See [[:blog:pio-reply-section-8-1-j-after-dpdp-2025\|PIO reply after the DPDP Rules, 2025]] for the current practice.
	+
	+	==== Stage 3. First appeal (Section 19(1)) ====
	+
	+	An applicant aggrieved by the Public Information Officer's decision or by the deemed refusal may file a first appeal within thirty days to the First Appellate Authority, who is the officer senior in rank to the Public Information Officer within the same public authority. The First Appellate Authority must decide within thirty days, extendable to forty-five with reasons recorded. [[:act#section-19appeal\|Section 19(5)]] requires a speaking order. See [[:guide:guidelines-for-first-appellate-authority\|Guide for First Appellate Authorities]] and [[:templates:faa-speaking-order\|Template: FAA speaking order]].
	+
	+	==== Stage 4. Second appeal (Section 19(3)) ====
	+
	+	An applicant aggrieved by the First Appellate Authority's order may file a second appeal within ninety days to the Central Information Commission (for Central Government matters) or to the relevant State Information Commission (for State matters) under [[:act#section-19appeal\|Section 19(3)]]. The Commission's order is binding. See [[:templates:second-appeal\|Template: second appeal]].
	+
	+	==== Section 20 penalty ====
	+
	+	Where the Commission finds that the Public Information Officer has without reasonable cause refused the application, not furnished the information within the statutory period, malafidely denied, knowingly given incorrect or misleading information, destroyed the information, or obstructed the furnishing, a mandatory penalty of two hundred and fifty rupees per day, up to twenty-five thousand rupees, is imposed on the Public Information Officer under [[:act#section-20-penalties\|Section 20(1)]]. [[:act#section-20-penalties\|Section 20(2)]] provides for disciplinary action where the refusal has been persistent.
	+
	+	===== The exemptions — Section 8, Section 9, Section 24 =====
	+
	+	[[:act#section-8exemption-from-disclosure-of-information\|Section 8(1)]] lists ten clauses on which disclosure may be refused.
	+
	+	^ Clause ^ Ground ^ Leading authority ^
	+	\| (a) \| Sovereignty, integrity, security, strategic, scientific, economic interests of India \| Context-specific; see [[:explanations:grounds-for-rejection\|Grounds for rejection]] \|
	+	\| (b) \| Expressly forbidden by a court or tribunal \| Narrow \|
	+	\| (c) \| Breach of privilege of Parliament or a State Legislature \| Narrow \|
	+	\| (d) \| Commercial confidence, trade secrets, intellectual property \| Delhi HC on %%PhD%% theses (December 2024) \|
	+	\| (e) \| Held in a fiduciary relationship \| //RBI v. Jayantilal Mistry//, (2016) 3 SCC 525; //ICAI v. Shaunak H. Satya//, (2011) 8 SCC 781 \|
	+	\| (f) \| Received in confidence from a foreign Government \| Narrow \|
	+	\| (g) \| Endanger life or physical safety of a person \| //Bihar PSC v. Saiyed Hussain Abbas Rizwi//, (2012) 13 SCC 61 \|
	+	\| (h) \| Impede investigation, apprehension, or prosecution \| //Bhagat Singh v. CIC//, Delhi HC, 3 December 2007 \|
	+	\| (i) \| Cabinet papers, deliberations of the Council of Ministers, Secretaries, and other officers \| Narrow; deliberations released after decision is taken \|
	+	\| (j) \| Personal information (as amended on 14 November 2025) \| //Girish Ramchandra Deshpande v. CIC//, (2013) 1 SCC 212; see below \|
	+
	+	[[:act#section-8exemption-from-disclosure-of-information\|Section 8(2)]] provides a public interest override: even where a clause of Section 8(1) applies, the public authority may allow access where the public interest in disclosure outweighs the harm to the protected interests. After the 14 November 2025 amendment to clause (j), the Section 8(2) override is the sole route for a public interest release on personal-information matters.
	+
	+	[[:act#section-9grounds-for-rejection-to-access-in-certain-cases\|Section 9]] allows refusal where the disclosure would involve an infringement of copyright subsisting in a person other than the State.
	+
	+	[[:act#section-24act-not-to-apply-to-certain-organisations\|Section 24]] exempts the intelligence and security organisations listed in the Second Schedule, save for information on allegations of corruption and human rights violations.
	+
	+	[[:act#section-10severability\|Section 10]] requires the Public Information Officer to sever and release the non-exempt portion of a record where part is exempt and part is not. See [[:explanations:severability\|Severability — concept note]].
	+
	+	[[:act#section-11third-party-information\|Section 11]] sets out the third-party procedure: notice to the third party within five days, representation within ten days, decision within forty days. See [[:explanations:third-party\|Third party — concept note]] and [[:templates:pio-third-party-notice\|Template: third-party notice]].
	+
	+	===== Section 4 — the positive obligations =====
	+
	+	[[:act#section-4obligations-of-public-authorities\|Section 4(1)(b)]] requires every public authority to publish seventeen categories of information on its own, without waiting for an application. The categories include:
	+
	+	- Particulars of the organisation, its functions and duties;
	+	- Powers and duties of officers and employees;
	+	- Procedure followed in the decision-making process;
	+	- Norms set by the public authority for discharge of functions;
	+	- Rules, regulations, instructions, manuals, and records;
	+	- Statement of the categories of documents held;
	+	- Particulars of arrangements for consultation with the public;
	+	- Statement of boards, councils, committees;
	+	- Directory of officers and employees;
	+	- Monthly remuneration of each officer and employee;
	+	- Budget allocation of each agency;
	+	- Manner of execution of subsidy programmes;
	+	- Particulars of recipients of concessions, permits, authorisations;
	+	- Details of information available in electronic form;
	+	- Particulars of facilities available for obtaining information;
	+	- Names, designations, and other particulars of Public Information Officers;
	+	- Such other information as may be prescribed.
	+
	+	The Supreme Court in //Anjali Bhardwaj v. Union of India//, (2019) 10 SCC 1, directed timely appointments to the Information Commissions to ensure the Section 4 obligations are enforceable. See also [[:explanations:suo-moto-disclosure-under-rti\|Suo motu disclosure — concept note]].
	+
	+	===== The Information Commissions =====
	+
	+	==== Central Information Commission ====
	+
	+	[[:act#section-12constitution-of-central-information-commission\|Section 12]] constitutes the Central Information Commission with a Chief Information Commissioner and up to ten Information Commissioners. Appointments are made by the President on the recommendation of a Committee comprising the Prime Minister (Chairperson), the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
	+
	+	The term of office and the salaries are prescribed by the Central Government under the [[:rules:cic\|Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service) Rules, 2019]] — the fixed five-year term under the original [[:act#section-13term-of-office-and-conditions-of-service\|Section 13]] was amended by the Right to Information (Amendment) Act, 2019. See [[:blog:rti-act-decade-of-change-2015-2025\|A decade of change, 2015-2025]] for the detail.
	+
	+	==== State Information Commission ====
	+
	+	[[:act#section-15constitution-of-state-information-commission\|Section 15]] provides for a State Information Commission on similar lines, constituted by the Governor on the recommendation of a Committee comprising the Chief Minister, the Leader of the Opposition, and a State Cabinet Minister nominated by the Chief Minister. [[:act#section-16term-of-office-and-conditions-of-service\|Section 16]] on term and salaries was amended in 2019 in the same pattern as Section 13.
	+
	+	==== Powers of the Commission ====
	+
	+	[[:act#section-18powers-and-functions-of-information-commissions\|Section 18]] gives the Commission the power to inquire into a complaint on its own initiative or on a complaint by a person. [[:act#section-19appeal\|Section 19]] provides for the appellate jurisdiction. The Commission's order is binding on the public authority.
	+
	+	The Supreme Court in //Chief Information Commissioner v. State of Manipur//, (2011) 15 SCC 1, clarified the difference between the Section 18 complaint jurisdiction and the Section 19 appellate jurisdiction.
	+
	+	===== Amendment history =====
	+
	+	The Act has been amended twice.
	+
	+	* The Right to Information (Amendment) Act, 2019 (No. 24 of 2019), in force 24 October 2019. Amended [[:act#section-13term-of-office-and-conditions-of-service\|Section 13]], [[:act#section-16term-of-office-and-conditions-of-service\|Section 16]], and [[:act#section-27power-to-make-rules-by-appropriate-government\|Section 27]]. The fixed term of five years or until the age of sixty-five years for Information Commissioners was replaced by a term prescribed by the Central Government. The linkage of salaries to those of the Chief Election Commissioner and the Election Commissioner was removed. The Central Government was empowered to prescribe the terms under Section 27.
	+	* The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), in force 14 November 2025 on notification of the Digital Personal Data Protection Rules, 2025. [[:act#section-8exemption-from-disclosure-of-information\|Section 8(1)(j)]] of the Right to Information Act was substituted by Section 44(3) of the DPDP Act. The public interest override within clause (j) was removed. The override now operates through Section 8(2). See [[:blog:dpdp-rules-2025-amendment-to-rti-act\|DPDP Rules, 2025: The amendment to Section 8(1)(j) of the RTI Act]] and [[:blog:pio-reply-section-8-1-j-after-dpdp-2025\|PIO reply after the DPDP Rules, 2025]].
	+
	+	===== The constitutional anchor =====
	+
	+	The Act's interpretation continues to rest on Article 19(1)(a) of the Constitution. The Supreme Court in //K. S. Puttaswamy v. Union of India//, (2017) 10 SCC 1, established the right to privacy as a fundamental right. The four-limb proportionality test in //Puttaswamy// now governs every decision by the Public Information Officer on personal information matters after the 14 November 2025 amendment. //Association for Democratic Reforms v. Union of India//, (2024) 5 SCC 1, reaffirmed the Article 19(1)(a) line from //Raj Narain// and //PUCL//.
	+
	+	===== What the Act does not cover =====
	+
	+	* Non-citizens. The right under [[:act#section-3citizen\|Section 3]] is conferred on citizens of India only.
	+	* Non-public authorities. Private companies, trusts, and NGOs that do not meet the [[:act#section-2preliminary-definitions\|Section 2(h)]] test are outside the Act.
	+	* Information not in the form of a record. The Act does not oblige a public authority to create a new record or to answer a question of opinion. See //CBSE v. Aditya Bandopadhyay//, (2011) 8 SCC 497.
	+	* Information exempted by the Second Schedule. [[:act#section-24act-not-to-apply-to-certain-organisations\|Section 24]] exempts the intelligence and security organisations listed in the Second Schedule, subject to the corruption and human-rights-violation carve-out.
	+
	+	===== Cross-references on this site =====
	+
	+	* Full text of the Act. [[:act\|The Right to Information Act, 2005 — current text]] with amendment overlays at every section.
	+	* Step-by-step guide for applicants. [[:guide:applicant\|Guide for applicants]].
	+	* Drafting templates. [[:templates:start\|Templates]] — first application, first appeal, second appeal, PIO reply (three formats), third-party notice, FAA speaking order.
	+	* Sample applications. [[:guide:applicant:application:sample:start\|Sample RTI applications]] — 33 drafts for common subjects.
	+	* Plain-language walkthrough by section. [[:decoded:start\|Decoded]].
	+	* Concept-wise notes. [[:explanations\|Explanations]].
	+	* Case law library. [[:important-decisions:start\|Case law library]].
	+	* Recent changes to the Act. [[:blog:rti-act-decade-of-change-2015-2025\|A decade of change, 2015 to 2025]] and [[:blog:rti-subjects-filed-satisfied-appealed\|Subjects filed, satisfied, appealed]].
	+	* Live tracker of CIC composition and pendency. [[:updates:start\|Live tracker]].
	+
	+
	+
	+	<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>
	+
	+	===== Sources =====
	+
	+	- The Right to Information Act, 2005 (No. 22 of 2005).
	+	- The Right to Information (Amendment) Act, 2019 (No. 24 of 2019).
	+	- The Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner, Information Commissioners and the Chief Information Commissioner and Information Commissioners in State Information Commission) Rules, 2019.
	+	- The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Section 44(3).
	+	- The Digital Personal Data Protection Rules, 2025, notified on 14 November 2025.
	+	- State of U.P. v. Raj Narain, (1975) 4 SCC 428.
	+	- S.P. Gupta v. Union of India, 1981 Supp SCC 87.
	+	- People's Union for Civil Liberties v. Union of India, (2003) 4 SCC 399.
	+	- Central Board of Secondary Education v. Aditya Bandopadhyay, (2011) 8 SCC 497.
	+	- Institute of Chartered Accountants of India v. Shaunak H. Satya, (2011) 8 SCC 781.
	+	- Chief Information Commissioner v. State of Manipur, (2011) 15 SCC 1.
	+	- Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi, (2012) 13 SCC 61.
	+	- Girish Ramchandra Deshpande v. Central Information Commissioner, (2013) 1 SCC 212.
	+	- Thalappalam Service Coop. Bank Ltd. v. State of Kerala, (2013) 16 SCC 82.
	+	- Reserve Bank of India v. Jayantilal Mistry, (2016) 3 SCC 525.
	+	- K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1.
	+	- Anjali Bhardwaj v. Union of India, (2019) 10 SCC 1.
	+	- Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal, (2020) 5 SCC 481.
	+	- Association for Democratic Reforms v. Union of India, (2024) 5 SCC 1.
	+	- Bhagat Singh v. Chief Information Commissioner, Delhi High Court, 3 December 2007.
	+	- Second Administrative Reforms Commission, //Right to Information — Master Key to Good Governance//, First Report, June 2006.
	+
	+	===== Last reviewed on =====
	+
	+	19 April 2026
	+
	+	{{tag>rti act-2005 summary sections notes procedure exemptions commission amendment-2019 dpdp-2025 reference}}

Section 4 — Obligations of Public Authorities

anonymous@undisclosed.example.com (Anonymous) — Sun, 03 May 2026 08:28:37 +0000

2026/05/03 15:49	current
Line 1:	Line 1:
	+	{{htmlmetatags>metatag-keywords=(section 4 rti act, section 4 1 b rti, 17 categories rti, proactive disclosure rti, suo motu rti, anjali bhardwaj rti)
	+	metatag-description=(Section 4 of the RTI Act — proactive disclosure by public authorities. 17 mandatory categories under 4(1)(b), 4(2) dissemination, 4(3) media.)}}
	+
	+	====== Section 4 — Obligations of Public Authorities ======
	+
	+	{{ :social:auto:act-section-4.png?direct&1200 \|Section 4 — Obligations of Public Authorities}}
	+
	+	{{page>snippets:dpdp-banner}}
	+
	+	<WRAP center round info 95%>
	+	In one line: Section 4 places a proactive duty on every public authority to publish information on its own — without waiting for RTI applications. The core is Section 4(1)(b) with 17 categories. Sub-sections 4(1)(c)-(d) require pre-decision publication and reasoned orders. Section 4(2)-(4) require electronic dissemination in local language.
	+	</WRAP>
	+
	+	===== Why Section 4 matters =====
	+
	+	A compliant Section 4 disclosure eliminates 60-70 percent of potential RTIs. The Supreme Court in //Anjali Bhardwaj v. UoI//, (2020) 11 SCC 345 treated non-compliance as a contributor to Information Commission backlogs. A fully-functional Section 4 page on every department's website is the Act's preventive medicine.
	+
	+	===== The 17 categories (Section 4(1)(b)) =====
	+
	+	See our full [[:explanations:suo-moto-disclosure-under-rti\|Suo Motu Disclosure explainer]] with the 17-category table + flow diagram. Summary:
	+
	+	* Organisation, functions, duties, decision-making, rules, documents held, public-consultation arrangements, committees/boards with minutes, directory of officers, monthly pay, budget, subsidy execution, beneficiary list, electronic information, citizen facilities, PIO contact.
	+
	+	===== Legislative history =====
	+
	+	* 12 October 2005 — commenced.
	+	* 2006, 2013 DoPT OMs — operational guidance issued.
	+	* 2019 amendment — no change to Section 4.
	+	* DPDP 2025 — indirectly touches Section 4 to the extent beneficiary-list publication under 4(1)(b)(xiii) must respect the amended Section 8(1)(j) privacy test.
	+
	+	===== Landmark rulings =====
	+
	+	* //Anjali Bhardwaj v. Union of India//, (2020) 11 SCC 345 — SC directions on Commission oversight of Section 4 implementation.
	+	* //State of U.P. v. Raj Narain//, (1975) 4 SCC 428 — foundational right-to-know jurisprudence later crystallised in Section 4.
	+	* CIC Decision //CIC/SA/A/2013/000132// — Commission can direct time-bound publication with monthly progress reports.
	+	* //S.P. Gupta v. President of India//, AIR 1982 SC 149 — right of citizens to know the functioning of government.
	+
	+	===== Enforcement under 4 =====
	+
	+	Two routes when a public authority is non-compliant:
	+	- File an RTI under Section 6 seeking the 17 categories. If refused, 19(1) then 19(3).
	+	- File a Section 18 complaint directly to the Information Commission — no RTI needed.
	+
	+	Section 19(8)(a)(vi) empowers the Commission to direct compliance with Section 4(1)(b).
	+
	+	===== Drafting =====
	+
	+	Template in your RTI to trigger Section 4 audit:
	+
	+	<code>
	+	1. A copy of the Section 4(1)(b) information published by
	+	[department] as on [date], sub-clauses (i) to (xvii),
	+	with URLs and last-updated dates for each.
	+
	+	2. A copy of the Section 4 compliance report filed by
	+	[department] with the Information Commission for the
	+	last three financial years.
	+	</code>
	+
	+	===== Related =====
	+
	+	* [[:act\|Back to the full RTI Act]]
	+	* [[:act:section-6\|Section 6 — Request]]
	+	* [[:act:section-18\|Section 18 — Complaint]]
	+	* [[:act:section-19\|Section 19 — Appeals]]
	+	* [[:explanations:suo-moto-disclosure-under-rti\|Detailed explainer — Suo motu disclosure]]
	+	* [[:templates:first-rti\|First RTI template]]
	+
	+	===== Sources =====
	+
	+	- RTI Act, 2005, Section 4.
	+	- //Anjali Bhardwaj v. Union of India//, (2020) 11 SCC 345.
	+	- //State of U.P. v. Raj Narain//, (1975) 4 SCC 428.
	+	- //S.P. Gupta v. President of India//, AIR 1982 SC 149.
	+	- DoPT OM No. 1/6/2011-IR dated 15 April 2013.
	+
	+	//Last reviewed on: 21 April 2026//
	+
	+	{{tag>rti act section-4 suo-motu 17-categories obligations 2026}}

Section 11 — Third-Party Information

anonymous@undisclosed.example.com (Anonymous) — Thu, 23 Apr 2026 00:47:14 +0000

2026/05/03 15:49	current
Line 1:	Line 1:
	+	{{htmlmetatags>metatag-keywords=(section 11 rti act, third party rti, section 11 notice rti, 40 days rti third party, rti third party consent, rti trade secret)
	+	metatag-description=(Section 11 of the RTI Act — third-party information procedure. 5-day PIO notice, 10-day objection, 40-day decision, third-party appeal rights. Full reference, 2026.)}}
	+
	+	====== Section 11 — Third-Party Information ======
	+
	+	{{ :social:auto:act-section-11.png?direct&1200 \|Section 11 — Third-Party Information}}
	+
	+	{{page>snippets:dpdp-banner}}
	+
	+	<WRAP center round info 95%>
	+	In one line: When the requested record has been supplied by a third party and treated as confidential, Section 11 prescribes a 40-day procedure: PIO notice to third party within 5 days, 10-day objection window, PIO decision after considering objections, and the third party's own appeal right under Section 19(2).
	+	</WRAP>
	+
	+	===== The Section 11 procedure =====
	+
	+	- Day 1: RTI received.
	+	- Day 5: PIO gives written notice to the third party under 11(1) — attaching the request and inviting objections.
	+	- Day 15: Third party has 10 days to submit written objections.
	+	- Day 40: PIO decides after considering objections. Must be a reasoned order under Section 7(8).
	+	- Day 40 + 30: Third party can file first appeal under Section 19(2) if decision adverse to them.
	+
	+	===== Who is a "third party"? =====
	+
	+	Section 2(n) — a person other than the applicant and the public authority. Typically:
	+	* A tenderer whose bid documents were submitted
	+	* A petitioner who filed a complaint now asked under RTI
	+	* A contractor whose contract terms are requested
	+	* An individual named in a personnel file (rarely triggers — 8(1)(j) more common)
	+
	+	===== Public interest override (Section 11(1) proviso) =====
	+
	+	Crucial: the third party's objection is not decisive. Section 11(1) proviso says //"except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party"//.
	+
	+	So the PIO weighs:
	+	* Public interest in disclosure — e.g. accountability for public money
	+	* versus Harm to the third party — e.g. competitive disadvantage, reputational harm
	+
	+	===== Landmark rulings =====
	+
	+	* //Bihar Public Service Commission v. Saiyed Hussain Abbas Rizvi//, (2012) 13 SCC 61 — the Section 11 proviso requires a clear balancing exercise by the PIO, with reasoned findings on both sides.
	+	* //Arvind Kejriwal v. CPIO//, Delhi HC (2010) — third-party objection alone does not defeat disclosure if public interest is made out.
	+	* CIC in //Subhash Agarwal v. ITBP// — Section 11 is not a veto; it is a procedural safeguard.
	+
	+	===== Common PIO / third-party moves =====
	+
	+	^ Move ^ Counter ^
	+	\| "Third party has objected. We cannot disclose." \| 11(1) proviso — PIO must weigh public interest against harm; not automatic veto. \|
	+	\| "Your request involves 50 third parties; we cannot process." \| Section 7(9) permits change of form (inspection). Section 11 still applies. \|
	+	\| PIO does not issue 11(1) notice \| Appealable — process is mandatory. \|
	+	\| Third party's objection is procedural/delay \| PIO's decision must be on merits, not on receipt of objection. \|
	+
	+	===== Drafting for third-party matters =====
	+
	+	If your RTI necessarily involves a third party, anticipate in the body:
	+
	+	<code>
	+	If the above information involves a third party under
	+	Section 11, kindly issue the five-day notice and decide
	+	after 40 days. In weighing objections, the applicant
	+	submits that the public interest in disclosure of
	+	[reason] outweighs any commercial or personal harm,
	+	per Section 11(1) proviso.
	+	</code>
	+
	+	===== Related =====
	+
	+	* [[:act\|Back to the full RTI Act]]
	+	* [[:act:section-7\|Section 7 — Timelines]]
	+	* [[:act:section-8\|Section 8 — Exemptions]]
	+	* [[:act:section-19\|Section 19 — Appeals (including 19(2))]]
	+	* [[:explanations:third-party\|Third-party information — detailed explainer]]
	+	* [[:templates:pio-third-party-notice\|Third-party notice template]]
	+
	+	===== Sources =====
	+
	+	- RTI Act, 2005, Section 11.
	+	- //BPSC v. Saiyed Hussain Abbas Rizvi//, (2012) 13 SCC 61.
	+	- //Arvind Kejriwal v. CPIO//, Delhi HC (2010).
	+
	+	//Last reviewed on: 21 April 2026//
	+
	+	{{tag>rti act section-11 third-party 40-days public-interest 2026}}

Section 19 — Appeals — RTI Wiki Citizen Guide 2026

anonymous@undisclosed.example.com (Anonymous) — Sun, 03 May 2026 09:03:45 +0000

2026/05/03 15:49	current
Line 1:	Line 1:
	+	{{htmlmetatags>metatag-keywords=(section 19 rti act, rti first appeal, rti second appeal, rti appeal timeline, section 19 1 rti, section 19 3 rti, section 19 8 compensation, rti appeal procedure)
	+	metatag-description=(Section 19 — Appeals — RTI Wiki Citizen Guide 2026 - verified citizen guide on RTI Wiki, India's independent Right to Information reference. Updated 2026 with latest)}}
	+
	+	====== Section 19 — Appeals — RTI Wiki Citizen Guide 2026 ======
	+	{{ :social:auto:act-section-19.png?direct&1200 \|Section 19 of the RTI Act — Appeals}}
	+
	+	{{page>snippets:dpdp-banner}}
	+
	+	<WRAP center round info 95%>
	+	In one line: Section 19 creates a two-tier appeal system. The first appeal under 19(1) is to an officer senior to the PIO within 30 days. The second appeal under 19(3) is to the Information Commission within 90 days. Section 19(5) places the burden of proving denial was justified on the PIO. Section 19(8) gives the Commission expansive remedial powers including compensation.
	+	</WRAP>
	+
	+	{{ :infographics:section-19-appeal-ladder.png?direct&1000 \|Section 19 — Three-Stage Appeal Ladder: PIO reply, First Appeal, Second Appeal}}
	+
	+
	+	===== Key sub-sections =====
	+
	+	* 19(1) — first appeal to the First Appellate Authority (FAA) within 30 days of the PIO's reply (or deemed refusal on day 31).
	+	* 19(2) — third party may appeal within 30 days of the PIO's Section 11 notice.
	+	* 19(3) — second appeal to Information Commission within 90 days of the FAA's order (or deemed refusal).
	+	* 19(4) — Commission gives notice to affected parties.
	+	* 19(5) — burden of proving denial was justified is on the PIO, not the appellant.
	+	* 19(6) — Commission should dispose of the appeal in 30 days // as far as possible//; in practice, 400+ days average.
	+	* 19(7) — Commission's decision is binding.
	+	* 19(8) — Commission can (a) require compliance with the Act, (b) award compensation to appellant, (c) impose Section 20 penalty, (d) reject the appeal.
	+
	+	===== First appeal — 30-day window =====
	+
	+	The first appeal is intra-departmental — heard by an officer senior in rank to the PIO (usually a Deputy Secretary or Director). No fee for the first appeal on Central matters; some States charge a nominal fee. Grounds:
	+
	+	* PIO failed to reply within 30 days (deemed refusal).
	+	* PIO's reply is non-speaking (no sub-clause, no reasons — see [[:act:section-7\|7(8)]]).
	+	* PIO's reply is inaccurate, incomplete, or misleading.
	+	* PIO charged incorrect fee.
	+
	+	Use the [[:templates:first-appeal\|First Appeal template]].
	+
	+	===== Second appeal — 90-day window to Information Commission =====
	+
	+	If the FAA has rejected or not responded, second appeal lies to the Central or State Information Commission. Grounds are the same as the first appeal. The Commission conducts its own hearing, often virtual.
	+
	+	Typical timeline (2024-25):
	+	* CIC hearing roster: 12-18 months from filing.
	+	* Some SICs: 6-24 months depending on backlog.
	+	* See [[:tracking-your-appeal-via-ai\|Tracking your appeal via AI]] for monitoring tools.
	+
	+	===== Landmark rulings =====
	+
	+	Supreme Court:
	+	* //Anjali Bhardwaj v. Union of India//, (2020) 11 SCC 345 — SC directions on timely appointment of Information Commissioners and their working conditions.
	+	* //Chief Information Commissioner v. State of Manipur//, (2011) 15 SCC 1 — Commission has supervisory duty to ensure reasoned orders at every tier.
	+
	+	High Courts:
	+	* //Namit Sharma v. UoI//, Delhi HC (2012) — interpreted scope of Commission's powers under 19(8).
	+
	+	CIC:
	+	* //Mujibur Rahman v. CIC//, Delhi HC — the Commission must afford reasonable opportunity of hearing before imposing Section 20 penalty.
	+	* //CBEC v. Mange Ram//, CIC — Section 19(8)(b) compensation should be specific to the harm.
	+
	+	===== Section 19(8) — the Commission's remedial toolkit =====
	+
	+	* 19(8)(a)(i) — require disclosure of information.
	+	* 19(8)(a)(ii) — require the public authority to appoint a CPIO if none.
	+	* 19(8)(a)(iii) — publish certain information.
	+	* 19(8)(a)(iv) — make necessary changes to practice relating to record management.
	+	* 19(8)(a)(v) — enhance training for officials on the Act.
	+	* 19(8)(a)(vi) — provide annual report under Section 4(1)(b).
	+	* 19(8)(b) — award compensation for any loss or detriment.
	+	* 19(8)(c) — impose penalties under Section 20.
	+
	+	===== Drafting strategy =====
	+
	+	==== First appeal — paragraph template ====
	+
	+	<code>
	+	To the First Appellate Authority under Section 19(1) of the
	+	Right to Information Act, 2005.
	+
	+	1. The PIO's reply dated [X] is non-speaking in that it does
	+	not cite any sub-clause of Section 8 or Section 9, does not
	+	apply the exemption to the facts, and does not consider
	+	severance under Section 10 or the Section 8(2) public
	+	interest override.
	+
	+	2. Per Section 19(5), the onus of proving denial was justified
	+	lies on the PIO. The PIO has not discharged that burden.
	+
	+	3. The appellant prays that the FAA set aside the reply and
	+	direct full disclosure within seven days. In the alternative,
	+	direct the PIO to show cause why Section 20 penalty should
	+	not be imposed.
	+	</code>
	+
	+	==== Second appeal template ====
	+
	+	See our [[:templates:second-appeal\|Second Appeal template]] — pre-structured for Section 19(3) with evidence annexure list.
	+
	+	===== Tracking your CIC appeal =====
	+
	+	Once the second appeal is filed, track via:
	+	* cic.gov.in/case-status — enter registration number.
	+	* Email alerts — register a verified email.
	+	* AI summarisation of each order — see [[:tracking-your-appeal-via-ai\|full guide]].
	+
	+	===== Call to action =====
	+
	+	If your RTI has been refused or delayed, follow the 30 → 90 → hearing path:
	+	- Day 31: file first appeal using [[:templates:first-appeal\|our template]].
	+	- Day 30 after FAA order (or day 75 if no FAA order): file second appeal using [[:templates:second-appeal\|our template]].
	+	- Track proceedings via [[:tracking-your-appeal-via-ai\|AI-assisted monitoring]].
	+
	+	===== Related =====
	+
	+	* [[:act\|Back to the full RTI Act]]
	+	* [[:act:section-18\|Section 18 — Complaints (alternative remedy)]]
	+	* [[:act:section-20\|Section 20 — Penalties]]
	+	* [[:act:section-7\|Section 7(8) — speaking-order requirement]]
	+	* [[:act:section-12\|Section 12 — CIC constitution]]
	+	* [[:act:section-15\|Section 15 — SIC constitution]]
	+	* [[:templates:first-appeal\|First Appeal template]]
	+	* [[:templates:second-appeal\|Second Appeal template]]
	+	* [[:explanations:justification-for-denial-under-rti\|Speaking-order requirement]]
	+	* [[:explanations:vicarious-liability\|Vicarious liability — Section 20]]
	+	* [[:tracking-your-appeal-via-ai\|Tracking your CIC appeal]]
	+	* [[:important-decisions:k-s-puttaswamy-vs-union-of-india\|Puttaswamy privacy ruling]]
	+
	+	===== Sources =====
	+
	+	- RTI Act, 2005, Section 19.
	+	- //Anjali Bhardwaj v. Union of India//, (2020) 11 SCC 345.
	+	- //CIC v. State of Manipur//, (2011) 15 SCC 1.
	+	- //Mujibur Rahman v. CIC//, Delhi HC.
	+	- CIC Annual Report 2023-24 (timelines).
	+
	+	//Last reviewed on: 21 April 2026//
	+
	+	{{tag>rti act section-19 appeals first-appeal second-appeal cic sic 2026}}

Section 25 — Monitoring and Reporting

anonymous@undisclosed.example.com (Anonymous) — Sun, 03 May 2026 08:28:37 +0000

2026/05/03 15:49	current
Line 1:	Line 1:
	+	{{htmlmetatags>metatag-keywords=(section 25 rti act, monitoring reporting annual-return section-25, rti india, rti act 2005)
	+	metatag-description=(Section 25 of the Right to Information Act, 2005 — Monitoring and Reporting. Section 25 obliges every public authority to file an annual return to the Information.)}}
	+
	+	====== Section 25 — Monitoring and Reporting ======
	+
	+	{{ :social:auto:act-section-25.png?direct&1200 \|Section 25 of the RTI Act — Monitoring and Reporting}}
	+
	+	<WRAP center round info 95%>
	+	In one line: Section 25 obliges every public authority to file an annual return to the Information Commission. The Commission aggregates these into an annual report laid before Parliament or the State Legislature. These reports are the backbone of RTI accountability data.
	+	</WRAP>
	+
	+	===== Key points =====
	+
	+	* 25(3) — each Ministry/Department collects data: RTIs received, disposed, refused, rejections by sub-clause, appeals, costs, training conducted.
	+	* 25(4) — Commission aggregates into an annual report.
	+	* 25(5) — Report laid before Parliament/State Legislature within 12 months.
	+	* Forms the statistical picture of the RTI regime year after year.
	+
	+	===== Legislative history =====
	+
	+	No amendments.
	+
	+	===== Rulings and references =====
	+
	+	* //Anjali Bhardwaj v. UoI//, (2020) — emphasised the role of Section 25 reports in transparency governance.
	+	* CIC Annual Reports — publicly accessible on cic.gov.in.
	+
	+	===== Practical note =====
	+
	+	File an RTI for your target department's Section 25 report. Reveals how many RTIs they received, how many were refused, and on what grounds. Useful for Section 18 pattern complaints.
	+
	+	===== Call to action =====
	+
	+	For drafting RTIs or appeals engaging this section, use the [[:templates:first-rti\|First RTI template]] or the [[:templates:first-appeal\|First Appeal template]]. See [[:guide:applicant:application:how-fill-rti-application-form\|How to fill an RTI application]] for structural help.
	+
	+	===== Related =====
	+
	+	* [[:act\|Back to the full RTI Act]]
	+	* [[:act:section-6\|Section 6 — Request for information]]
	+	* [[:act:section-7\|Section 7 — Disposal]]
	+	* [[:act:section-8\|Section 8 — Exemptions]]
	+	* [[:act:section-19\|Section 19 — Appeals]]
	+	* [[:explanations\|All explanations]]
	+	* [[:important-decisions:start\|Landmark RTI decisions]]
	+
	+	===== Sources =====
	+
	+	- Right to Information Act, 2005, Section 25.
	+	- RTI (Amendment) Act, 2019 (where applicable).
	+	- DPDP Rules, 2025, notified 14 November 2025 (where applicable).
	+	- Department of Personnel and Training, //Guide on the RTI Act, 2005//.
	+
	+	//Last reviewed on: 21 April 2026//
	+
	+	{{tag>rti act section-25 monitoring reporting annual-return section-25 2026}}