What is the RTI Act 2005 and what right does it give every Indian citizen?
The Right to Information Act 2005 (Act No. 22 of 2005) came into force on 12 October 2005. It was enacted to promote transparency and accountability in the working of every government, to contain corruption, and to give citizens a legal mechanism to access government records. It replaced the earlier, toothless Freedom of Information Act 2002 and created a genuinely enforceable right with penalties for officials who delay or obstruct.
Section 3 of the Act is clear and unqualified: every citizen of India has the right to information. This right is not limited to affected parties or those with a personal stake. You do not need to explain why you want the information. You do not need to be a journalist, activist, or lawyer. A student, a farmer, a daily wage worker — anyone with Indian citizenship can file an RTI application about any public authority's records, expenditures, decisions, or processes.
What public authorities are covered under the RTI Act 2005?
Section 2(h) of the Act defines a "public authority" broadly — it includes any authority or body established by or under the Constitution, by any law made by Parliament or a state legislature, or by government notification. This covers central ministries and departments, state governments and their departments, courts (for administrative records), municipal corporations and panchayats, public sector undertakings (PSUs) like BSNL, ONGC, and Indian Railways, autonomous bodies funded by government grants (like universities, AIIMS, and IITs), and NGOs substantially funded by government.
The Second Schedule to the Act lists organizations that are exempt from RTI — primarily intelligence and security agencies like the IB, RAW, NIA, BSF, and similar bodies. However, even these exemptions have a carve-out: information relating to allegations of corruption and human rights violations in these organizations cannot be denied.
What information can you access under the RTI Act 2005?
Section 2(f) defines "information" very broadly — it includes records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data held in electronic form. Practically, this means you can ask for:
- Status of your application, pension, PF, or any government scheme
- Government expenditure on any project, scheme, or tender
- Details of government employees' salaries, promotions, and transfers
- Copies of government contracts, tenders, and agreements
- Copies of government orders, circulars, and policy decisions
- Details of recruitment, selection, and examination processes
- Copies of your own answer sheets from government examinations (permitted by the Supreme Court)
- Inspection of physical works, documents, and records
Section 22 of the RTI Act 2005 provides that its provisions have effect notwithstanding anything inconsistent in any other law. This means a public authority cannot refuse information by citing any other act or rule that conflicts with the RTI Act — including the Official Secrets Act 1923. The RTI Act prevails, unless the specific exemptions in Section 8 apply.
Not sure how this applies to your situation?
Ask Legal Setu — free, no account needed.How to file an RTI application in India — step by step
Sample RTI application format
Here is a sample format for an RTI application — adapt it to your specific need:
This is the point where most people want a lawyer.
₹99* books a verified lawyer, briefed on your case before the call.*₹99 is the platform booking fee. Your advocate’s own fee is quoted and agreed before the call.All RTI timelines in one place — your complete reference
| Stage | Time limit | Provision |
|---|---|---|
| PIO responds to application | 30 days from receipt (35 days if filed via APIO) | Section 7(1) |
| Life or liberty matters | 48 hours from receipt | Section 7(1) |
| Transfer to another department | Within 5 days of receipt | Section 6(3) |
| Third-party notice by PIO | Within 5 days of receipt | Section 11(1) |
| File First Appeal | Within 30 days of PIO decision (or 60 days from application if no response) | Section 19(1) |
| FAA decides First Appeal | 30 days from receipt (max 45 days with written reasons) | Section 19(6) |
| File Second Appeal with CIC/SIC | Within 90 days of FAA decision | Section 19(3) |
| PIO penalty for delay or denial | ₹250 per day, maximum ₹25,000 — paid from PIO's own salary | Section 20(1) |
What information can be refused under the RTI Act 2005 in India?
Section 8(1) of the RTI Act 2005 lists ten categories of information that a PIO may refuse to disclose. These are not absolute — Section 8(2) allows the PIO to disclose even exempt information if the public interest in disclosure outweighs the harm to the protected interest. The exemptions are:
- Information that would prejudicially affect the sovereignty, integrity, security, strategic, scientific, or economic interests of India, or the country's relations with a foreign state, or lead to incitement of an offence
- Information expressly forbidden from disclosure by any court or tribunal
- Information whose disclosure would cause a breach of privilege of Parliament or state legislatures
- Commercial confidence, trade secrets, or intellectual property whose disclosure would harm the competitive position of a third party
- Information available to a person in a fiduciary relationship, unless the competent authority is satisfied that public interest warrants disclosure
- Information received in confidence from a foreign government
- Information that would endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement
- Information that would impede the process of investigation, prosecution, or apprehension of offenders
- Cabinet papers, including records of deliberations of the Council of Ministers, Secretaries, and other officers — until the decision is made and the matter is complete
- Personal information whose disclosure has no relationship to any public activity or interest, or which would cause unwarranted invasion of privacy
A PIO cannot simply say "information cannot be provided" without citing the specific sub-section of Section 8(1) that applies. A vague refusal is itself grounds for a First Appeal and can attract penalty. Section 7(8) requires that the PIO provide reasons for rejection in writing, citing the specific exemption. If you receive a vague or unexplained refusal, appeal immediately.
Common RTI situations in India — and exactly what to ask
How to use RTI to track the status of a government application or scheme
One of the most common RTI uses is tracking stuck applications — passport delays, pension approvals, PF claims, ration card applications, caste certificates, land records corrections. File your RTI to the PIO of the specific department handling your application. Specify: the application reference number, the date it was submitted, and ask for the current status, the officer responsible, the reason for delay, and the expected date of decision.
The very act of filing an RTI often accelerates the processing of the underlying application — officials know that the RTI creates a paper trail of their inaction.
How to use RTI to expose corruption or wasteful government spending
RTI is one of the most effective tools for accountability journalism and citizen activism. You can ask for copies of government contracts and tenders, total expenditure on specific schemes and projects, details of beneficiaries of government programmes, audit reports and inspection reports, and minutes of meetings where decisions were made. Comparing what was spent with what was delivered has exposed dozens of major scams in India — from NREGA ghost workers to PDS ration diversion.
Can I use RTI for my court case or legal matter in India?
Yes, with some limits. RTI can be used to obtain copies of government records relevant to your case — land records, official correspondence, government orders, and so on. Courts themselves are covered by RTI for administrative records, though their judicial functions (decisions in cases) are not covered. However, you cannot use RTI as a substitute for legal discovery in a court case — information that is part of ongoing litigation may be exempt under Section 8(1)(b). Use RTI to get administrative records, not to seek information about ongoing court proceedings.
What if the PIO says the information has been destroyed or does not exist?
A PIO cannot claim information does not exist if they have not made genuine efforts to locate it. If you have reason to believe the information does exist — for example, because the department is legally required to maintain it — file a First Appeal and argue that the claim of non-existence should be substantiated. The FAA can direct the PIO to conduct a proper search. If records are found to have been illegally destroyed, the matter can be reported to the CIC which can recommend disciplinary action.
RTI application India — questions people actually ask
Who can file an RTI application in India?
Under Section 3 of the RTI Act 2005, any Indian citizen can file an RTI application. There is no age limit, no income criterion, and no need to state a reason. Minors can file through a guardian; NRIs through an Indian address. Foreigners and companies cannot file.
How do I file an RTI online in India?
For central government departments, file at rtionline.gov.in. Register with your email and phone, select the public authority, write your request clearly, and pay the ₹10 fee online by net banking or debit/credit card. You receive a registration number for tracking. States have their own RTI portals.
How much does it cost to file an RTI application in India?
For central government public authorities, the fee is ₹10 per application under Section 6(1) of the RTI Act 2005. Copies cost an additional ₹2 per page. BPL applicants are fully exempt. State fees vary — ₹10 in Delhi, ₹20 in Karnataka, ₹50 in Maharashtra. Appeals are free.
How long does a PIO have to respond to an RTI application in India?
Under Section 7(1) of the RTI Act 2005, the PIO must respond within 30 days of receiving the application — 35 days if filed through an Assistant PIO. Life-or-liberty matters get a 48-hour deadline. If the PIO fails to respond, information is deemed refused and you can appeal.
What happens if the PIO does not respond to my RTI application in India?
If the PIO does not respond within 30 days, file a First Appeal with the First Appellate Authority within 60 days of your application. If still unsatisfied, file a Second Appeal with the CIC or SIC within 90 days. They can penalise the PIO up to ₹25,000.
What information can be refused under the RTI Act 2005?
Section 8(1) of the RTI Act 2005 exempts information affecting national security and sovereignty, cabinet papers, matters impeding investigation, trade secrets, foreign-government confidences, and personal information invading privacy. However, Section 8(2) permits disclosure even of exempt information where public interest outweighs the harm.
Can I use RTI for information about my pension, PF, or government job in India?
Yes. RTI is widely used for employment-related information — pension applications, PF claims, promotions, exam results, answer sheets (permitted by the Supreme Court), and recruitment details. Held by public authorities like EPFO, UPSC, and SSC, these must be disclosed within 30 days unless Section 8(1) exemptions apply.
Can I file an RTI to get information about a private company in India?
Not directly. The RTI Act 2005 applies only to public authorities and government-funded NGOs, not private companies. However, if a private company's information is held by a regulator like SEBI, MCA, or RBI, you can seek it from that public authority.
What is the format of an RTI application in India?
There is no mandatory format for an RTI application. Address it to the PIO, state that you are filing under Section 6(1) of the RTI Act 2005, describe the specific information sought, give your name and postal address, and enclose the ₹10 fee. No reason is required.
How do I appeal if my RTI is rejected in India?
File a First Appeal under Section 19(1) with the First Appellate Authority within 30 days of the rejection (or 60 days from your application if no response). If it also rejects, file a Second Appeal with the CIC or SIC under Section 19(3) within 90 days. Both appeals are free.
Need help with your RTI application or appeal?
Speak to our legal AI for specific guidance on what to ask, which department to approach, and how to draft your appeal.Official sources
- The Right to Information Act, 2005 (Act No. 22 of 2005) — India Code
- RTI Online — the Government of India portal to file RTI applications and first appeals