Polity · Governance · RTI Act
Right to Information Act, 2005: How to File an RTI, Appeals, Exemptions and Exam Notes
The Right to Information Act is both a practical tool for citizens and a regular exam topic, from PSSSB and Punjab Police papers to PPSC and UPSC. This guide explains how the law works in real life — writing an application, the deadlines and the appeal route — and highlights the section numbers and facts that examiners ask most.
Background and purpose
The Right to Information Act, 2005 came fully into force on 12 October 2005, replacing the weaker Freedom of Information Act, 2002. Its purpose is to promote transparency and accountability by giving citizens a legal right to obtain information held by public authorities. The Supreme Court had already recognised the right to information as part of the freedom of speech and expression under Article 19(1)(a). Movements such as the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan played a major role in the campaign for the law.
Key definitions (Section 2)
- Public authority: any body established by the Constitution or by law, or owned, controlled or substantially financed by the government — including ministries, departments, panchayats, municipalities, government companies and substantially funded NGOs.
- Information: any material in any form, including records, documents, emails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, samples and electronic data.
- Right to information: includes inspection of works and records, taking notes, certified copies and certified samples of material.
Who can apply and how
Any citizen of India can apply. You do not need to give a reason for asking (Section 6(2)), and you only need to give contact details for a reply.
- Identify the public authority that holds the information.
- Address the application to its Public Information Officer (PIO) — called the Central PIO (CPIO) or State PIO (SPIO). An application can also be submitted through an Assistant PIO.
- Write clearly: list specific questions or documents, the period they cover, and the form in which you want the information (copies, inspection, CD).
- Pay the fee: ₹10 for central public authorities (states set their own fee rules). Applicants below the poverty line are exempt on showing proof.
- Submit by hand, by post or online. For central ministries and departments the RTI Online portal can be used; many states have their own portals.
Time limits
| Situation | Time limit |
|---|---|
| Normal reply by the PIO | 30 days from receipt |
| Information concerning the life or liberty of a person | 48 hours |
| Application submitted through an Assistant PIO | 5 extra days (35 days) |
| Information involving a third party | 40 days |
| Transfer of an application to the right authority | within 5 days |
| Intelligence and security organisations (Second Schedule), for allegations of corruption or human-rights violations | 45 days (after approval of the Information Commission, for human-rights allegations) |
If the PIO does not reply within the time limit, the request is treated as deemed refused, and the information must later be given free of charge.
Exemptions (Sections 8, 9 and 24)
Section 8(1) lists the main grounds on which information can be withheld, including:
- information that would harm the sovereignty and integrity of India, security, strategic, scientific or economic interests;
- information expressly forbidden by a court;
- information whose disclosure would cause a breach of privilege of Parliament or a state legislature;
- commercial confidence and trade secrets, unless a larger public interest requires disclosure;
- information received in confidence from a foreign government;
- information that would endanger the life or physical safety of a person, or identify a confidential source;
- information that would impede an investigation or prosecution;
- cabinet papers, until the decision is taken and the matter is complete;
- personal information (Section 8(1)(j)). The Digital Personal Data Protection Act, 2023 amended this clause to protect personal information more broadly.
Under Section 8(2), information may still be disclosed if the public interest outweighs the harm. Under Section 8(3), most exemptions lapse for information relating to events that happened 20 years earlier. Section 9 allows rejection where disclosure would infringe a copyright held by someone other than the State. Section 24 excludes intelligence and security organisations listed in the Second Schedule, except for information about corruption and human-rights violations.
Appeals
| Step | To whom | Time limit |
|---|---|---|
| First appeal | First Appellate Authority — an officer senior to the PIO in the same authority | within 30 days of the PIO's decision or of the deadline expiring |
| Decision on first appeal | — | 30 days (extendable to 45 days with reasons) |
| Second appeal | Central Information Commission or State Information Commission | within 90 days of the first appeal decision |
A complaint under Section 18 can also be filed directly with the Information Commission — for example, if no PIO has been appointed or the application was refused.
Penalties (Section 20)
The Information Commission can impose a penalty on a PIO who refuses an application without reasonable cause, delays a reply or gives incorrect information: ₹250 per day, up to a maximum of ₹25,000. The burden of proving reasonable conduct is on the PIO. The Commission can also recommend disciplinary action.
Information Commissions
- The Central Information Commission (CIC) consists of a Chief Information Commissioner and up to 10 Information Commissioners, appointed by the President on the recommendation of a committee of the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
- Each state has a State Information Commission — in Punjab, the Punjab State Information Commission, with its office in Chandigarh.
- The RTI (Amendment) Act, 2019 allowed the Central Government to prescribe the term, salaries and service conditions of commissioners by rules. Under the rules the term is three years.
Proactive disclosure (Section 4)
Public authorities must publish certain information on their own — their organisation and functions, the powers and duties of officers, rules and manuals, budgets, the names of PIOs and so on. Good proactive disclosure reduces the need for RTI applications.
Practice questions
Q1. The RTI Act came fully into force on:
- (a) 15 June 2005
- (b) 12 October 2005
- (c) 26 January 2006
- (d) 2 October 2005
Show answer
Answer: (b) 12 October 2005 — The Act was passed in June 2005 and came fully into force on 12 October 2005.
Q2. Information concerning the life or liberty of a person must be supplied within:
- (a) 24 hours
- (b) 48 hours
- (c) 7 days
- (d) 30 days
Show answer
Answer: (b) 48 hours — Section 7(1) requires a reply within 48 hours in such cases.
Q3. A second appeal under the RTI Act lies with:
- (a) The High Court
- (b) The First Appellate Authority
- (c) The Information Commission
- (d) The Lokpal
Show answer
Answer: (c) The Information Commission — Second appeals go to the Central or State Information Commission within 90 days.
Q4. The maximum penalty that can be imposed on a PIO under Section 20 is:
- (a) ₹5,000
- (b) ₹10,000
- (c) ₹25,000
- (d) ₹50,000
Show answer
Answer: (c) ₹25,000 — The penalty is ₹250 per day up to a maximum of ₹25,000.
Q5. Which section of the RTI Act provides that the applicant need not give reasons for seeking information?
- (a) Section 4
- (b) Section 6(2)
- (c) Section 8(1)
- (d) Section 19
Show answer
Answer: (b) Section 6(2) — Section 6(2) says an applicant is not required to give any reason for requesting information.
Q6. The application fee for an RTI request to a central public authority is:
- (a) ₹5
- (b) ₹10
- (c) ₹50
- (d) ₹100
Show answer
Answer: (b) ₹10 — The fee is ₹10, and applicants below the poverty line are exempt.
Q7. Which Act amended Section 8(1)(j) of the RTI Act relating to personal information?
- (a) IT Act, 2000
- (b) Aadhaar Act, 2016
- (c) Digital Personal Data Protection Act, 2023
- (d) Official Secrets Act, 1923
Show answer
Answer: (c) Digital Personal Data Protection Act, 2023 — The DPDP Act, 2023 amended Section 8(1)(j) to exempt personal information.
Frequently asked questions
Can a non-resident Indian file an RTI?
Yes. Any citizen of India can file an application, including citizens living abroad, and the RTI Online portal accepts applications to central authorities.
What if I receive no reply within 30 days?
The application is treated as deemed refused. You can file a first appeal with the First Appellate Authority within 30 days, and the information must later be provided free of cost.
Do private companies come under the RTI Act?
Not directly. But information about a private body that a public authority can access under any law can be requested from that public authority.
Official sources
- RTI Online portal (central public authorities)
- Central Information Commission
- Punjab State Information Commission
- RTI Act text on India Code
Rules, dates and figures can change. Always check the latest official notification or government release before relying on a detail.