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--- guide:applicant:fundamental-facts-about-rti [2023/04/15 10:41] – Shrawan
+++ guide:applicant:fundamental-facts-about-rti [2026/06/03 17:01] (current) – external edit 127.0.0.1
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-====== What is Right to Information ======
+{{htmlmetatags>metatag-keywords=(RTI fundamental facts,RTI Act basics 2026,Section 3 RTI right,RTI Section 7 deadline,Section 8 exemptions,Section 19 appeal,Section 20 penalty,RTI 48 hours life liberty,RTI checklist citizen)
-{{like>}}
+metatag-description=(15 fundamental RTI facts every applicant should know in 2026: citizen-only right, no reason needed, existing records only, 30-day deadline, 48-hour life-and-liberty, Section 8 exemptions, Section 10 partial, Section 19 appeals, Section 20 penalty.)}}
-{{ :guide:applicant:what_is_rti.jpg |}}
-**RTI stands for Right to Information.** Right to Information Act 2005 mandates timely response to citizen requests for government information. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Right to Information also empowers citizens to official inspect any Government work or to take the sample of material used in any work.
-Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression.
+====== Fundamental RTI Facts Every Applicant Should Know ======
+<WRAP center round tip 100%>
+**Direct answer.** Fifteen facts: (1) RTI is a **citizen-only** right, (2) **no reason** to be given, (3) **existing records only** - no opinion, no creation, (4) **30-day** PIO deadline, (5) **48-hour** life-and-liberty window, (6) Section 8 has **10 exemptions**, (7) Section 10 **severability** must be applied, (8) **Section 19** has two appeals (FAA + Commission), (9) **Section 20** penalty is Rs 250/day cap Rs 25,000, (10) **Section 19(8)(b)** compensation has no cap. Plus 5 more - read the full list below.
+</WRAP>
-Even though RTI is a fundamental right, still we need RTI Act to give us this right. This is because if you went to any Government Department and told the officer there, “RTI is my fundamental right and that I am the master of this country. Therefore, please show me all your files”, he would not do that. In all probability, he would throw you out of his room. Therefore, we need a machinery or a process through which we can exercise this fundamental right. Right to Information Act 2005, which became effective on 13th October 2005, provides that machinery. Therefore, Right to Information Act does not give us any new right. It simply lays down the process on how to apply for information, where to apply, how much fees etc.
+{{:icons:facts.svg?32&nolink|RTI facts icon}}
-===== Objective of RTI Act? =====
+===== When to use this guide =====
-The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. An informed citizenry will be better equipped to keep necessary vigil on the instruments of government and make the government more accountable to the governed.
+You are filing your first RTI and want a quick checklist of the rules that govern the entire process. This page is **a checklist, not a primer** - for a full explainer, see the [[guide:applicant|applicant guide]] or the [[:act:summary|Act summary]].
-===== The Schema of RTI Act =====
+===== Fact 1: RTI is a citizen-only right =====
-The Parliament recognized that proper and efficient functioning of a democracy requires an informed citizenry and transparency of information and that such transparency is vital for checking corruption and to hold governance and their instrumentalities accountable to the citizen of the country. The Parliament was also conscious that random and uncontrolled revelation of information is likely to conflict with other public interests including efficient operations of the governance, optimum use of limited fiscal resources and preservation of confidentiality of sensitive information.
+Section 3 confers the right on every **citizen of India**. Companies, societies, foreign nationals, and NRIs (in their NRI status) do not have the right in their own name. The standard workaround is to file through a citizen-shareholder or citizen-employee.
-In its endeavour to balance out and harmonize these conflicting interests while preserving the paramountcy of the democratic idea, the Parliament enacted the [[act:|RTI Act]]. The object of the RTI Act is to set out a 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 public authorities.
+===== Fact 2: No reason needs to be given =====
+Section 6(2) **expressly bars** the PIO from asking why you want the information. The application's prayer states what is sought; it does not have to state why.
-**Sec. 4** of the Act imposes an obligation on public authorities to maintain its records duly catalogued and indexed in a manner and form which facilitates the right to information under the Act.
+===== Fact 3: Existing records only =====
-**Sec. 6** of the Act entitles a person desirous of obtaining any information under the Act, to make a request in writing to the Central or State Public Information Officer specifying the particulars of the information sought by him. The applicant is not required to give any reason as to why he is requesting for the information.
+Section 2(f) defines information as **records** in any form (including electronic). The Supreme Court in [[:important-decisions:cbse-and-anr-vs-aditya-bandopadhyay|CBSE v. Aditya Bandopadhyay (2011) 8 SCC 497]] held that the PIO is **not** required to:
-**Sec. 7** of the Act requires the Public Information Officer to either provide the information or reject the request for any of the reasons specified in Secs. 8 and 9 within 30 days of receipt of the request. If the Officer fails to give a decision on the request within 30 days, he shall be deemed to have refused the request.
+  * Create a new record.
+  * Compile data not already compiled.
+  * Answer an opinion question or a hypothetical.
-Under **Sec. 19**, if a person does not receive a decision within 30 days or is aggrieved by a decision of the Public Information Officer, he may prefer an appeal to an Officer who is senior in rank to the Public Information Officer in that Public Authority.
+Phrase your request as "a copy of [specific record]", not "tell me whether...".
-A second appeal is provided for against the order passed in the first appeal before the Central Information Commission or the State Information Commission as the case may be. The powers of the Information Commission are enacted in **Sub-Sec. 9 of Sec. 19** which includes the power to require the Public Authority to compensate the complainant for any loss or other detriment suffered and/or to impose any of the penalties provided under the RTI Act.
+===== Fact 4: 30-day PIO deadline =====
-**Sec. 20** of the Act empowers the Information Commission to impose penalty on the Public Information Officer if the Commission is of the opinion that the Officer without any reasonable cause refused to receive an application for information or has not furnished the information sought for within the specified time under Sec. 7(1) or mala fidely denied the request for information or knowingly has given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information.
+Section 7(1) sets a **30-day** deadline from the date of receipt by the PIO. APIO route adds 5 days; Section 6(3) transfer resets the clock from receipt at the correct authority. Third-party hearing case: 40 days under Section 11(3).
-**Sec. 22** of the Act is a non- obstante clause giving overriding effect to the provisions of the Act.
+===== Fact 5: 48-hour life-and-liberty window =====
-Under **Sec. 25**, the Information Commission is required after the end of each year to prepare a report on the implementation of the provisions of the Act during that year and forward a copy thereof to the appropriate Government.
+The proviso to Section 7(1) sets a **48-hour** window where the information concerns the **life or liberty** of a person. Examples: location of an undertrial, status of a custodial death enquiry, hospital admission record of a missing person. State this prominently in the subject line and the prayer.
-===== What you can do with RTI? =====
+===== Fact 6: Section 8 lists ten exemptions =====
-Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wide dissemination and to proactively disclose certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005.
+Section 8(1) lists ten grounds of exemption - clauses (a) through (j). The most-litigated are:
-Right to Information includes the right to:
+  * **8(1)(a):** national security, sovereignty, scientific or strategic interest.
-Inspect works, documents, records.
+  * **8(1)(d):** commercial confidence, trade secrets, intellectual property.
-Take notes, extracts or certified copies of documents or records.
+  * **8(1)(e):** fiduciary relationship.
-Take certified samples of material.
+  * **8(1)(g):** information that would endanger a person's life or physical safety.
-Obtain information in form of printouts, diskettes, floppies, tapes, video, cassettes or in any other electronic mode or through printouts.
+  * **8(1)(h):** information that would impede investigation, apprehension, or prosecution.
-"information" means any material in any form, including records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
+  * **8(1)(j):** personal information - fundamentally rewritten by the DPDP Act, 2023, in force from 14 November 2025.
+For a plain-language note, see [[:explanations:grounds-for-rejection|grounds for rejection]].
-"record" includes:
+===== Fact 7: Section 10 severability =====
-a) Any document, manuscript and file
-b) Any microfilm, microfiche, and facsimile copy of a document
-c) Any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
-d) Any other material produced by a computer or any other device;
-<note>The public authority under the RIT Act is not supposed to create information, or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. Only such information can be had under the Act which already exists with the public authority.
+Section 10 requires the PIO to **release the non-exempt part** of a record where part is exempt and part is not. The PIO must record reasons in writing and identify the severed parts. A blanket refusal of the entire file is illegal where severability is feasible.
-Right to Information entitles the applicant to the inspection of work or documents and records. It also entitles an applicant to take notes, or ask for extracts, or certified copies of any records. Since the word extracts is mentioned it would mean that the applicant is entitled to get an extract of the records sought by him. This would, however, be subject to the provision in Section 7(9). If the information is in digital form the information could be requisitioned and provided in appropriate electronic format.
+===== Fact 8: Section 19 has two appeals =====
-At times, there may be a need to find a small amount of data in a broad range of records. In such a scenario, it may be expensive and wasteful to give photocopies of all and therefore more efficient to allow the person to search it through a request for inspection of files. The applicant could mention in the Right to Information application for inspection that she will also take copies of certain documents at the time of inspection. The officer offering records for inspection should ensure that the applicant is informed of the file numbers. The files should be indexed and numbered as per the requirement of Section 4(1)(a). As a practical measure, the  PIO could also offer three dates to an applicant for inspection.</note>
+  * **First appeal under Section 19(1):** to the FAA, within 30 days, decided in 30-45 days.
+  * **Second appeal under Section 19(3):** to the Information Commission, within 90 days.
+Both must be filed in time. Late appeals can be condoned only on a written application showing sufficient cause.
-===== Who is covered under RTI? =====
+===== Fact 9: Section 20 penalty =====
-The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are constituted under the Constitution or under any law or under any Government notification or all bodies, including NGOs, which are owned, controlled or substantially financed by the Government are covered.
+The Information Commission **shall** impose a penalty of **Rs 250 per day** of delay, capped at **Rs 25,000**, on the PIO who without reasonable cause delayed, refused, gave wrong information, or destroyed records. **Only the Commission** can impose this penalty - the FAA cannot.
-All private bodies, which are owned, controlled or substantially financed by the Government are directly covered. Others are indirectly covered. That is if a government department can access 1information from any private body under any other Act, the same can be accessed by the citizen under the RTI Act through that government department.
+===== Fact 10: Section 19(8)(b) compensation =====
-===== Why RTI is a success? =====
+The Commission (and the FAA) can order **compensation** to the appellant for loss or detriment. **No statutory cap.** Paid by the public authority, not the PIO personally. See [[guide:applicant:application:penalty-compensation-under-rti|penalty and compensation]].
-This is because, or the first time in the history of independent India, there is a law which casts a direct accountability on the officer for non-performance. If the concerned officer does not provide information in time, a penalty of Rs 250 per day of delay can be imposed by the Information Commissioner. If the information provided is false, a penalty of a maximum of Rs 25,000/- can be imposed. A penalty can also be imposed for providing incomplete or for rejecting your application for malafide reasons. This fine is deducted from the officer’s personal salary.
+===== Fact 11: Section 18 complaint =====
+A **complaint** under Section 18 is different from a second appeal. A complaint challenges the **conduct** of the PIO (refused to accept the application, demanded a reason, gave misleading information). A second appeal challenges the **decision**. You can file both together.
+===== Fact 12: Fee structure =====
+  * **Centre:** Rs 10 application fee, Rs 2 per A4 page for copies, Rs 5 per 15 minutes after the first hour for inspection, Rs 50 per CD/diskette.
+  * **States:** Rs 10 to Rs 50 application fee, photocopy Rs 2 to Rs 5.
+  * **BPL:** Free under Section 7(5).
+  * **Delay past 30 days:** Free under Section 7(6).
+===== Fact 13: Section 4 suo motu disclosure =====
+Section 4(1)(b) requires every public authority to **proactively publish** 17 categories of information on its website - organisational structure, powers and duties, decision-making processes, budgets, subsidies, recipients of concessions, particulars of officers, the PIO's name, etc. Most departments are non-compliant. You can ask under RTI for any of the 17 items if not published.
+===== Fact 14: Section 24 partial exclusion =====
+Section 24 lists 25 intelligence and security organisations (e.g., Intelligence Bureau, RAW, NTRO) where the RTI Act does **not apply** - except for information on allegations of **corruption** and **human rights violations**, which is still disclosable. The Schedule lists the agencies; State Governments can add their own State agencies.
+===== Fact 15: Information Commission =====
+  * **Central Information Commission:** [[https://cic.gov.in|cic.gov.in]] - final appellate body for Central public authorities.
+  * **State Information Commission:** one in each State, named differently (e.g., "Maharashtra State Information Commission").
+  * Headed by a Chief Information Commissioner; up to 10 Information Commissioners in each.
+  * Powers of a civil court for evidence and witnesses.
+  * Decisions are binding; only writ jurisdiction of the High Court lies thereafter.
+===== Frequently asked questions =====
+==== Is RTI a fundamental right? ====
+The right to information has been read into Article 19(1)(a) (freedom of speech and expression) by the Supreme Court since SP Gupta v. Union of India (1981). The RTI Act, 2005 is the statutory framework that operationalises this fundamental right.
+==== Can RTI be filed against private bodies? ====
+No, except where the private body is "substantially financed" by the government and falls under the Section 2(h) definition of public authority. Examples: certain aided colleges, certain co-operative societies. See [[:explanations:public-authority|what is a public authority]].
+==== Is there a model time limit for FAA orders? ====
+days, extendable to 45 with written reasons (Section 19(6)). After 45 days, move directly to the Commission.
+==== Can the same RTI be filed in multiple offices? ====
+Filing in multiple offices is wasteful but not illegal. Pick the right one (the office that holds the record) and trust Section 6(3) for transfers.
+==== Does the PIO have to type the reply? ====
+The Act is silent. Most PIOs reply on letterhead with the office stamp. Hand-written replies are valid but rare.
+==== What is the role of the APIO? ====
+Section 5(2) allows public authorities to designate Assistant PIOs in sub-offices to **receive** RTI applications and forward them to the PIO. The APIO is a post-office, not a decision-maker. The applicant gets 5 extra days because of the APIO route.
+==== Can RTI be filed by post in any language? ====
+Yes. Section 6(1) allows English, Hindi, or the official language of the area. The PIO must reply in the same language.
+==== Is the cost of certified copies higher than regular copies? ====
+Yes. Certified copies typically cost Rs 5 to Rs 10 per page (State-dependent). Use them where the document is needed for litigation or formal record.
+==== Where can I check whether my State has a different fee? ====
+[[:rules:start|State Rules library]] on this site, or the State Information Commission's website.
+==== Where can I draft an RTI now? ====
+Use the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]]. Free, no login.
+===== Related =====
+  * [[guide|Guide hub]]
+  * [[guide:applicant|Guide for applicants]]
+  * [[guide:applicant:application|How to file an RTI under Section 6]]
+  * [[guide:applicant:application:how-fill-rti-application-form|Fill the form, line by line]]
+  * [[guide:applicant:application:information-free-of-cost|When the reply is free]]
+  * [[guide:applicant:application:penalty-compensation-under-rti|Penalty + compensation]]
+  * [[guide:applicant:first-appeal|First appeal]]
+  * [[guide:applicant:second-appeal:start|Second appeal]]
+  * [[guide:applicant:time-limit-under-rti|RTI time limits]]
+  * [[:explanations:grounds-for-rejection|Grounds for rejection]]
+  * [[:act:summary|Section-by-section Act summary]]
+===== Sources verified =====
+  - [[https://www.indiacode.nic.in/handle/123456789/1362|Right to Information Act, 2005]] - Sections 2, 3, 4, 6, 7, 8, 10, 18, 19, 20, 24.
+  - CBSE v. Aditya Bandopadhyay, (2011) 8 SCC 497.
+  - [[https://dopt.gov.in/sites/default/files/RTI-Master-Circular.pdf|DoPT Master Circular on RTI]].
+  - [[https://cic.gov.in|cic.gov.in]] - Central Information Commission.
+//Last reviewed: 9 May 2026.//
+===== Stuck scheme or document? Check the status first =====
+Many RTIs are filed because a government scheme or document is delayed. Before filing, check the status directly:
+  * [[:check-status/pmay-status|PMAY beneficiary status]]
+  * [[:mgnrega-job-card-status-2026|NREGA / MGNREGA job card and payment status]]
+  * [[:check-status/ration-card-status|Ration card status]]
+  * [[:pm-kisan-status-check-2026|PM-KISAN Rs 6,000 status]]
+  * [[:eshram-card-status-check-2026|e-Shram card status]]
+If a status is stuck beyond the official timeline, use the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] to file in minutes.
+{{tag>rti guide applicant fundamental-facts checklist citizen 2026}}
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