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| + | {{htmlmetatags> | ||
| + | |||
| + | ====== RTI Glossary — 80 plain-language definitions ====== | ||
| + | |||
| + | {{ : | ||
| + | |||
| + | |||
| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** 80+ RTI Act terms defined in plain language — PIO, FAA, deemed refusal, §8 exemptions, §11 third-party procedure, fee additional, severability, | ||
| + | </ | ||
| + | |||
| + | <WRAP center round info 95%> | ||
| + | **Plain-language definitions** for every RTI Act term you'll meet — from " | ||
| + | </ | ||
| + | |||
| + | ===== A ===== | ||
| + | |||
| + | ==== Acceptance of fee ==== | ||
| + | The PIO is required to acknowledge the application fee and send a written acknowledgement. If fees aren't accepted within 5 days, the application is deemed accepted on Day 1. | ||
| + | |||
| + | ==== Accountability ==== | ||
| + | The constitutional principle that public servants must answer for their decisions and conduct. RTI is the legal mechanism enforcing this for record-bearing decisions. | ||
| + | |||
| + | ==== Adjudicating Officer ==== | ||
| + | Under the DPDP Act 2023 — the officer who hears data-protection complaints. Distinct from the FAA / SIC under RTI. | ||
| + | |||
| + | ==== Aditya Bandopadhyay v. CBSE (2011) ==== | ||
| + | Landmark Supreme Court ruling that established RTI does not extend to opinion or reasoning the public authority hasn't formed; only to recorded " | ||
| + | |||
| + | ==== Anonymous applicant ==== | ||
| + | Not permitted under RTI. The applicant must be identifiable as a citizen of India under §3. | ||
| + | |||
| + | ==== Application ==== | ||
| + | The §6(1) request — must be in writing (or electronic), | ||
| + | |||
| + | ==== Appellate Authority — see FAA ==== | ||
| + | |||
| + | ===== B ===== | ||
| + | |||
| + | ==== Beneficiary list ==== | ||
| + | Disclosable under §4(1)(b)(xii) — every public authority must publish lists of beneficiaries of programs administered by it. | ||
| + | |||
| + | ==== Best evidence rule ==== | ||
| + | RTI replies that omit the document and only summarise are weak before SIC; original record disclosure (severed if needed) is the safer route. | ||
| + | |||
| + | ==== BPL applicant ==== | ||
| + | Below-Poverty-Line citizens are exempt from the Rs. 10 fee. Documentation: | ||
| + | |||
| + | ==== Burden of proof ==== | ||
| + | On the PIO to justify any §8 refusal — see §19(5) which puts the onus on the public authority. | ||
| + | |||
| + | ===== C ===== | ||
| + | |||
| + | ==== Case diary ==== | ||
| + | Police record under §172 CrPC. Case-diary RTIs from non-parties are typically refused under §8(1)(h) (investigation pending) — // | ||
| + | |||
| + | ==== CIC (Central Information Commission) ==== | ||
| + | The apex appellate body for Central public authorities. Established under §12. Decides Second Appeals from Central PIO/FAA orders. | ||
| + | |||
| + | ==== Citizen ==== | ||
| + | Only citizens of India can file an RTI under §3. Companies, NGOs, foreign nationals don't have the §3 right (though they can request through a citizen friend). | ||
| + | |||
| + | ==== Clean Hands ==== | ||
| + | RTI applicants are not required to demonstrate "clean hands" or non-vexatious purpose — see Bandopadhyay (the only test is whether information is held by a public authority). | ||
| + | |||
| + | ==== Closure report ==== | ||
| + | Police report under §173 CrPC indicating no chargesheet. Disclosable under RTI to parties + with §8 balance to non-parties. | ||
| + | |||
| + | ==== Commercial confidence ==== | ||
| + | §8(1)(d) exemption. Narrowly read post-decision; | ||
| + | |||
| + | ==== Compensation under §19(8)(b) ==== | ||
| + | SIC/CIC may direct the public authority to compensate the applicant for any loss suffered. Rare but powerful. | ||
| + | |||
| + | ==== Conflict of interest ==== | ||
| + | PIO who has personal stake in the matter should recuse and transfer to another PIO under §6(3). | ||
| + | |||
| + | ===== D ===== | ||
| + | |||
| + | ==== Date of receipt ==== | ||
| + | The day the application physically (or electronically) reaches the PIO. The §7(1) 30-day clock starts the **next day**. | ||
| + | |||
| + | ==== Decision ==== | ||
| + | The PIO's reasoned response — disclosure, partial disclosure, refusal with sub-clause citation, transfer, or fee-additional notice. | ||
| + | |||
| + | ==== Deemed refusal ==== | ||
| + | §7(2). If the PIO fails to reply within 30 days, the application is treated as **refused** for purposes of First Appeal under §19(1). The 30-day appeal window starts from Day 31. | ||
| + | |||
| + | ==== Deshpande Boundary ==== | ||
| + | //R.K. Deshpande v. SIC Maharashtra// | ||
| + | |||
| + | ==== Disclosable ==== | ||
| + | Information that, after applying §8 and §10 tests, must be released. The default position under §3. | ||
| + | |||
| + | ==== DPDP Act 2023 ==== | ||
| + | Digital Personal Data Protection Act, 2023. Doesn' | ||
| + | |||
| + | ==== Drives reasoned order ==== | ||
| + | The §7(8) requirement that PIO orders state the section, sub-clause, and reasons for refusal — not just the conclusion. | ||
| + | |||
| + | ===== E ===== | ||
| + | |||
| + | ==== Electronic record ==== | ||
| + | Any record kept in digital form. Per Delhi HC 14-Feb-2026: | ||
| + | |||
| + | ==== Eligibility ==== | ||
| + | §3: any citizen of India. §6(2): no requirement to state purpose. | ||
| + | |||
| + | ==== Examination of records ==== | ||
| + | §7(9): if the information is too voluminous to copy, the PIO can offer inspection of records. Inspection is treated as a form of disclosure. | ||
| + | |||
| + | ==== Exemption ==== | ||
| + | Any of the 10 §8(1) grounds for refusal: (a) sovereignty, | ||
| + | |||
| + | ===== F ===== | ||
| + | |||
| + | ==== FAA (First Appellate Authority) ==== | ||
| + | The senior officer designated by the public authority to hear First Appeals. Must be at least one rank above the PIO. Decision within 30-45 days under §19(6). | ||
| + | |||
| + | ==== Fee Additional ==== | ||
| + | §7(3) — when the application requires substantial preparation/ | ||
| + | |||
| + | ==== File noting ==== | ||
| + | Internal handwritten or system notes on a file. R.K. Jain v. UoI — disclosable post-decision; | ||
| + | |||
| + | ==== First appeal ==== | ||
| + | §19(1) — appeal to the FAA within 30 days of the PIO order (or 30 days after the §7(1) deadline if PIO is silent). | ||
| + | |||
| + | ==== Form A ==== | ||
| + | The standard application format under most state RTI Rules. Not strictly mandatory — §6(1) only requires the application to be in writing. | ||
| + | |||
| + | ===== G ===== | ||
| + | |||
| + | ==== Government employee as applicant ==== | ||
| + | A public servant filing RTI in personal capacity is treated as any other citizen (no special status, no special restriction). | ||
| + | |||
| + | ==== Grievance ==== | ||
| + | Distinct from RTI — grievances go to a Grievance Redressal Officer or via cpgrams.gov.in. RTI surfaces records, not opinions. | ||
| + | |||
| + | ===== H ===== | ||
| + | |||
| + | ==== Held information ==== | ||
| + | §2(j) — the information must be " | ||
| + | |||
| + | ==== HowTo schema ==== | ||
| + | JSON-LD markup for procedural steps; auto-emitted on RTI Wiki articles with numbered Steps sections. | ||
| + | |||
| + | ===== I ===== | ||
| + | |||
| + | ==== Inspection of records ==== | ||
| + | §7(9) — physical inspection of voluminous records at the public authority' | ||
| + | |||
| + | ==== Investigation pending ==== | ||
| + | §8(1)(h) — disclosure that would impede the investigation, | ||
| + | |||
| + | ==== IPO (Indian Postal Order) ==== | ||
| + | Most reliable RTI fee instrument. Available at any post office. Nominal commission. Payable to " | ||
| + | |||
| + | ===== J ===== | ||
| + | |||
| + | ==== Jayantilal Mistry framework ==== | ||
| + | SC ruling that RBI cannot use §8(1)(d) or (e) to refuse bank inspection reports where there is no fiduciary relationship and public interest in disclosure is high. | ||
| + | |||
| + | ==== Judicial records ==== | ||
| + | HC and SC records have separate RTI rules under §28 (each court makes its own rules). Subordinate court records typically through registry. | ||
| + | |||
| + | ===== K ===== | ||
| + | |||
| + | ==== Khanapuram Gandaiah ==== | ||
| + | SC ruling — case diaries in pending investigations are protected from RTI disclosure to non-parties. | ||
| + | |||
| + | ===== L ===== | ||
| + | |||
| + | ==== Life and liberty (§7(1) proviso) ==== | ||
| + | Applications concerning life and liberty must be replied to within **48 hours** (not 30 days). Strictly applied; broadly defined to include health records, custodial records, missing persons. | ||
| + | |||
| + | ==== Locus standi ==== | ||
| + | Not required under RTI. Any citizen can ask for any record, regardless of personal interest. (Differs from writ jurisdiction.) | ||
| + | |||
| + | ===== M ===== | ||
| + | |||
| + | ==== Mode of payment ==== | ||
| + | Each state RTI Rules specify acceptable modes (IPO/ | ||
| + | |||
| + | ==== Motion of dispute ==== | ||
| + | A formal challenge to a PIO order; usually framed as a First Appeal under §19(1). | ||
| + | |||
| + | ===== N ===== | ||
| + | |||
| + | ==== Namit Sharma v. UoI ==== | ||
| + | SC ruling on the eligibility criteria for SIC commissioners — must be persons of eminence with experience in law, science, governance, social work. | ||
| + | |||
| + | ==== Notice under §11 ==== | ||
| + | Third-party notice — when the requested information involves a third party' | ||
| + | |||
| + | ===== O ===== | ||
| + | |||
| + | ==== Obstruction of disclosure ==== | ||
| + | §20(1) penalty — up to ₹250/day (now per-month per CIC Shailesh Gandhi 19-Mar-2026), | ||
| + | |||
| + | ==== Online portal ==== | ||
| + | RTI filing portal — Central portal at rtionline.gov.in; | ||
| + | |||
| + | ===== P ===== | ||
| + | |||
| + | ==== Penalty ==== | ||
| + | §20 — CIC/SIC may impose ₹250/day on PIO for unjustified delay or refusal, capped at ₹25,000. Also disciplinary action recommendation. | ||
| + | |||
| + | ==== Person ==== | ||
| + | Under DPDP — a "data principal." | ||
| + | |||
| + | ==== PIO (Public Information Officer) ==== | ||
| + | The officer designated by every public authority to receive and decide RTI applications. Each public authority may have multiple PIOs by department/ | ||
| + | |||
| + | ==== Public authority ==== | ||
| + | §2(h) — body established by/under Constitution, | ||
| + | |||
| + | ==== Public interest override ==== | ||
| + | §8(2) — even if information is otherwise exempt, disclosure is mandatory if public interest in disclosure outweighs the harm protected by the exemption. Post-14-Nov-2025 framework requires the FAA to record a written balance order in either direction. | ||
| + | |||
| + | ===== Q ===== | ||
| + | |||
| + | ==== Question ==== | ||
| + | RTI is for **records** (information that exists), not questions/ | ||
| + | |||
| + | ===== R ===== | ||
| + | |||
| + | ==== Reasonable cause ==== | ||
| + | §20 — defence against penalty: PIO can show reasonable cause for the delay. Must be specific, not generic (" | ||
| + | |||
| + | ==== Recipient ==== | ||
| + | The §11 third-party whose interests are affected by the requested disclosure. | ||
| + | |||
| + | ==== Records held by contractor ==== | ||
| + | Records held by a contractor that performed work for a public authority on its behalf can be RTI-able through the public authority (see Indian Olympic Association ruling). | ||
| + | |||
| + | ==== Refusal ==== | ||
| + | PIO refusal must (i) cite the specific sub-clause invoked, (ii) state reasons, (iii) provide FAA contact and timeline. Generic refusals are routinely set aside on First Appeal. | ||
| + | |||
| + | ==== R.K. Jain v. UoI ==== | ||
| + | Landmark — file notings on a policy decision are disclosable AFTER the decision is taken. | ||
| + | |||
| + | ===== S ===== | ||
| + | |||
| + | ==== Sansad ==== | ||
| + | sansad.in — the Indian Parliament portal. Use for MP attendance, questions asked, debates participation. | ||
| + | |||
| + | ==== Section 4(1)(b) ==== | ||
| + | 17-category proactive disclosure list — every public authority must publish these on its website (organizational structure, functions, budget, beneficiary lists, etc.). | ||
| + | |||
| + | ==== Section 6(3) ==== | ||
| + | Transfer provision — if the PIO doesn' | ||
| + | |||
| + | ==== Section 7(1) ==== | ||
| + | 30-day reply window. Starts from day after receipt. | ||
| + | |||
| + | ==== Section 7(8)(i) ==== | ||
| + | Reasoned-order requirement for any refusal — the PIO must state which sub-clause(s) of §8 are invoked and the specific reasons. | ||
| + | |||
| + | ==== Section 8 ==== | ||
| + | The 10 grounds for refusal. Each sub-clause has a specific scope and is narrowly read. | ||
| + | |||
| + | ==== Section 8(2) ==== | ||
| + | Public interest override — see above. | ||
| + | |||
| + | ==== Section 10 ==== | ||
| + | **Severability**. The PIO must disclose the non-exempt portions even if some parts of a record are exempt. | ||
| + | |||
| + | ==== Section 11 ==== | ||
| + | Third-party procedure — notice + objection + decision. | ||
| + | |||
| + | ==== Section 19(1) ==== | ||
| + | First Appeal to FAA within 30 days. | ||
| + | |||
| + | ==== Section 19(3) ==== | ||
| + | Second Appeal to CIC/SIC within 90 days. | ||
| + | |||
| + | ==== Section 20 ==== | ||
| + | Penalty against PIO for unjustified delay/ | ||
| + | |||
| + | ==== Severability ==== | ||
| + | §10 — disclose what's disclosable; | ||
| + | |||
| + | ==== SIC (State Information Commission) ==== | ||
| + | Each state' | ||
| + | |||
| + | ==== Speakable schema ==== | ||
| + | JSON-LD markup that flags content for voice assistants. Auto-emitted on every RTI Wiki article. | ||
| + | |||
| + | ===== T ===== | ||
| + | |||
| + | ==== Thalappalam ==== | ||
| + | SC ruling — cooperative societies are NOT public authorities under §2(h)(d) unless substantially financed by government. | ||
| + | |||
| + | ==== Third party ==== | ||
| + | Anyone other than the applicant whose interests are affected by the requested information. §11 protects them. | ||
| + | |||
| + | ==== Timeline calculator ==== | ||
| + | RTI Wiki tool that computes §7(1), §19(1), §19(3) deadlines from your filing date. | ||
| + | |||
| + | ==== Transfer (§6(3)) ==== | ||
| + | PIO must forward the application within 5 days if it concerns information held by another public authority. | ||
| + | |||
| + | ===== U ===== | ||
| + | |||
| + | ==== ULB (Urban Local Body) ==== | ||
| + | Municipal corporations, | ||
| + | |||
| + | ==== Unacceptable replies ==== | ||
| + | " | ||
| + | |||
| + | ===== V ===== | ||
| + | |||
| + | ==== Verification ==== | ||
| + | Citizenship verification — the PIO can ask for citizenship proof if there' | ||
| + | |||
| + | ==== Vexatious ==== | ||
| + | " | ||
| + | |||
| + | ===== W ===== | ||
| + | |||
| + | ==== Whistleblower ==== | ||
| + | A separate statute (Whistleblower Protection Act 2014) protects identity. RTI cannot be used to identify a whistleblower under §8(1)(g) (endanger life). | ||
| + | |||
| + | ===== Y ===== | ||
| + | |||
| + | ==== Year-wise data ==== | ||
| + | A common framing in RTI requests — " | ||
| + | |||
| + | ===== § Sections quick index ===== | ||
| + | |||
| + | * **§3** — Right of citizens | ||
| + | * **§4(1)(b)** — Suo motu disclosure (17 categories) | ||
| + | * **§6(1)** — Application | ||
| + | * **§6(3)** — Transfer | ||
| + | * **§7(1)** — 30-day reply | ||
| + | * **§7(2)** — Deemed refusal | ||
| + | * **§7(3)** — Fee-additional | ||
| + | * **§7(8)(i)** — Reasoned order | ||
| + | * **§7(9)** — Inspection of voluminous records | ||
| + | * **§8(1)(a)–(j)** — Exemptions | ||
| + | * **§8(2)** — Public interest override | ||
| + | * **§9** — Refusal where third-party copyright | ||
| + | * **§10** — Severability | ||
| + | * **§11** — Third-party procedure | ||
| + | * **§19(1)** — First Appeal | ||
| + | * **§19(3)** — Second Appeal | ||
| + | * **§19(8)(b)** — Compensation | ||
| + | * **§20** — Penalty | ||
| + | * **§24** — Schedule 2 organisations exemption | ||
| + | * **§27** — State Government rule-making | ||
| + | * **§28** — Competent authority rule-making | ||
| + | |||
| + | //Last reviewed: 24 April 2026.// | ||
| + | |||
| + | ===== 🔗 Related guides ===== | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | |||
| + | {{tag> | ||