How to File an RTI in India: Timing, Format, and Follow-Up Explained

Table of Contents

1. Introduction
2. Understanding the RTI Act
   • What is the Right to Information (RTI) Act?
   • Objectives of the RTI Act
   • Scope of the RTI Act
3. Key Features of the RTI Act
   • Definition of Public Authorities
   • Public Information Officers (PIOs)
   • Time Frame for Response
   • Fee Structure
   • Exemptions Under the Act
   • Appeals and Penalties
4. Recent Amendments to the RTI Act, 2019
   • Term of Office
   • Salary and Allowances
   • Rationale and Concerns
5. Step-by-Step Guide to Filing an RTI Application
   • Step 1: Identify the Correct Public Authority
   • Step 2: Draft Your RTI Application
   • Step 3: Attach Required Documents
   • Step 4: Submission of the Application
   • Step 5: Receipt of Acknowledgment
6. Timing: What to Expect
   • Standard Time Limits
   • Additional Fee Scenarios
   • Delays and Extensions
7. What to Do If You Don’t Receive a Response
   • First Appeal
   • Second Appeal
8. Common Pitfalls and Best Practices
   • Avoiding Common Errors
   • Best Practices for a Successful RTI Application
9. Conclusion

Introduction

The Right to Information (RTI) Act, 2005, is a powerful tool designed to empower citizens by granting them access to information under the control of public authorities. In essence, RTI is not just a legal mechanism—it’s a cornerstone of transparency and accountability in governance. This article provides a step-by-step guide on filing an RTI application, along with essential timing information and practical tips to ensure your request is processed effectively.

Understanding the RTI Act

Before diving into the process, it’s important to grasp the core idea behind the RTI Act. Enacted in 2005, the RTI Act replaced earlier, less comprehensive freedom of information laws, thereby making it easier for citizens to seek information from any public authority. Under this Act, any Indian citizen can request details regarding government activities, expenditures, policies, and much more. The primary objective is to promote transparency, discourage corruption, and enhance public participation in governance.

Key Features of the RTI Act:

• Universal Right: Every Indian citizen has the right to access information.
• Time-bound Response: Public authorities are required to respond within specified time limits.
• Minimal Fee: A nominal fee of Rs. 10 is usually required, with exemptions for those below the poverty line.
• Appeals Mechanism: If you’re not satisfied with the response, you have the right to file a first and even a second appeal.

Recent Amendments to the RTI Act, 2019

In July 2019, the government introduced the Right to Information (Amendment) Bill, 2019 in Lok Sabha. This amendment primarily targets Sections 13, 16, and 27 of the original RTI Act, 2005.

Key changes proposed in the amendment include:

• Term of Office: Under the original Act, the Chief Information Commissioner (CIC) and Information Commissioners (ICs) were appointed for a fixed term of five years or until they reached the age of 65—whichever came first. The amendment removes this fixed tenure, stating instead that the central government will prescribe the term of office by rule.
• Salary and Allowances: Previously, the salaries and allowances of the CIC and ICs were set to be equivalent to those of the Chief Election Commissioner and Election Commissioners at the central level (and similarly for state-level positions). The amendment transfers the power to determine salaries, allowances, and other service conditions to the central government.
• Rationale and Concerns: The government argued that the Information Commissions, as statutory bodies, have different functions than constitutional bodies like the Election Commission. Thus, their service conditions should be determined flexibly. However, critics argue that this change could undermine the independence of the Information Commissions by making their terms and remuneration subject to government discretion—a change that may affect their ability to operate as impartial watchdogs.

Despite its passage by both houses of Parliament and receiving presidential assent, the amendment remains controversial, with legal experts and activists debating its long-term implications on transparency and accountability.

Step-by-Step Guide to Filing an RTI Application

Filing an RTI application might seem daunting at first, but following these clear steps can simplify the process significantly.

Identify the Correct Public Authority

The first and most crucial step is to determine which public authority holds the information you need. Public authorities could be central or state government departments, municipal bodies, or any institution funded or controlled by the government. Visit the official website of the relevant department or use the RTI online portal to identify the correct authority and its designated Public Information Officer (PIO).

Draft Your RTI Application

Once you have identified the appropriate authority, the next step is to draft your RTI application.

• Content: Mention that you are seeking information under the Right to Information Act, 2005.
• Details: Include your full name, complete postal address, and contact details.
• Information Sought: Be precise and specific about the information you require. Vague requests may lead to delays or denials.
• Language: The application can be written in English, Hindi, or any official language of the region.
• Format: While there is no prescribed format, your application should be neat, legible, and preferably typed. If handwritten, ensure it is clear and unambiguous.

Attach Required Documents

Certain supporting documents may need to be attached to your application:

• Fee Payment: For most applicants, a fee of Rs. 10 is required. This can be paid via a Demand Draft, Banker’s Cheque, Indian Postal Order, or in cash (if applicable, with a proper receipt).
• BPL Certificate: If you belong to the Below Poverty Line (BPL) category, attach the relevant certificate to avail fee exemption.
• Supporting Evidence: If your request requires clarification or context (such as reference numbers, dates, etc.), attach any pertinent documents.

Submission of the Application

There are multiple ways to submit your RTI application:

• Offline Submission: You can file the application in person or send it via post to the office of the PIO. Always ensure you have a copy of your application and any proof of postage or receipt.
• Online Submission: The RTI Online portal provides a user-friendly interface where you can fill in the application details, upload documents, and make the payment digitally. This option also generates an acknowledgment with a unique registration number for future reference.

  Receipt of Acknowledgment

After submission, you will receive an acknowledgment or registration number.

• Importance: This number is crucial as it serves as proof of your application and will be needed for any follow-up or appeal.
• Record Keeping: Keep a physical or digital copy of this acknowledgment safely.

Timing: What to Expect

One of the key features of the RTI Act is the strict timeline set for responses:

Additional Fee Scenarios

• Additional Charges: Sometimes, public authorities might inform you that additional fees are required for photocopying or processing extensive records. The period during which you arrange and pay these additional fees is excluded from the initial 30-day timeline.
• Action: Once you pay the extra fee, the clock starts again for the remaining period of the response time.

Delays and Extensions

• Transfer Between Authorities: If your application is mistakenly sent to the wrong authority or needs to be transferred to another public body, the initial time elapsed is carried over, and the receiving authority must respond within the standard timeline.
• Unforeseen Delays: In exceptional cases, if the information requires consultation with other departments or is voluminous, the response period might be extended. However, the authority must communicate the reason for the delay.

What to Do If You Don’t Receive a Response

If your RTI application is not answered within the stipulated period, or if you are unsatisfied with the response provided, there is a clearly defined appeals process:

First Appeal

• Procedure: You can file a first appeal with the designated Appellate Authority of the public body. This must be done within 30 days of the expiry of the original response time or from the date you received the unsatisfactory reply.
• Content: The appeal should reference your original registration number, clearly state your grievance, and request the required information again.
• Timeline: The appellate authority is required to dispose of the appeal within 30 days (or 45 days in exceptional cases).

Second Appeal

• Further Action: If the first appeal does not yield the desired result, you have the right to file a second appeal with the Central or State Information Commission. This must be done within 90 days of the decision on the first appeal.
• Purpose: The Information Commission serves as the final arbiter in RTI disputes and can order the public authority to comply with your request if found in your favor.

Common Pitfalls and Best Practices

Avoiding Common Errors

• Incomplete Applications: Ensure that your application is complete with all necessary details and supporting documents. Missing information can lead to delays or outright rejection.
• Vagueness: Avoid vague or overly broad requests. Be as specific as possible about the information you need.
• Incorrect Authority: Double-check that you are addressing the correct public authority. An application sent to the wrong department may be transferred, causing unnecessary delays.

Best Practices for a Successful RTI Application

• Clarity and Conciseness: Use clear and simple language. Bullet points can help in listing the specific details you require.
• Document Copies: Keep copies of all documents submitted, including the application, fee receipts, and any correspondence with the public authority.
• Follow-up: If you do not receive an acknowledgment within a few days, or if the response is delayed, follow up with the concerned office. Use the registration number to track your application online if available.
• Professional Tone: While the application need not be overly formal, it should maintain a respectful and professional tone. This increases the likelihood of receiving a prompt and courteous response.
• Legal Consultation: If your request is complex or involves sensitive information, consider consulting a legal expert or an RTI activist for guidance. Their experience can help in drafting a more effective application.

Real-World Considerations

Filing an RTI is not just a bureaucratic exercise—it is a tool for democratic empowerment. Here are a few real-world tips from experienced users:

• Community Feedback: Engage with RTI forums and communities. Many citizens share their experiences online and can offer practical advice based on what has worked for them.
• Stay Updated: Government websites and RTI portals occasionally update their procedures. Always check for the latest guidelines before filing your application.
• Prepare for Follow-ups: Sometimes, you might need to visit the public authority’s office in person or make multiple phone calls. Patience and persistence are key.
• Public Interest: Remember that your RTI request is not only for your benefit but can also help in exposing corruption, inefficiency, or malpractice in public offices. Use this tool responsibly.

Conclusion

Filing an RTI application is a vital right and responsibility of every Indian citizen. By following the outlined steps—from identifying the correct authority and drafting a precise application to understanding the strict timelines and the appeals process—you can effectively exercise your right to information. This process not only promotes transparency and accountability in governance but also strengthens the democratic fabric of the nation.

Every citizen has the power to bring about change by simply asking the right questions and ensuring that the government remains accountable. Whether you are seeking details on government expenditures, the progress of public projects, or any other information of public interest, the RTI Act is your legal avenue to demand answers.

Embrace this right with confidence, knowing that the process is well-defined and supported by robust legal provisions. In a country as dynamic and diverse as India, the RTI Act stands as a testament to the belief that an informed citizenry is the strongest foundation for a just and progressive society.