The Right to Information (RTI) Act, 2005, marks a significant milestone in promoting transparency and accountability in the functioning of public authorities in India. This landmark legislation empowers citizens to request information from government agencies, ensuring greater transparency and encouraging active participation in the democratic process. Understanding the final procedure for accessing information through RTI is essential for citizens and public authorities. This article delves into the final steps of the RTI process, highlighting the procedures that need to be followed after filing an application, including appeals and responses.
Overview of the RTI Act, 2005
The RTI Act, 2005 came into force on October 12, 2005, to provide citizens the right to seek information from public authorities. Public authorities, including government departments, institutions, and organizations funded by the government, must disclose information unless it is exempt under specific provisions of the Act.
Under the RTI Act, citizens can file applications to obtain information on matters related to the functioning of government offices, public services, policies, and more. The Act mandates that public authorities respond to requests for information within 30 days, though in certain situations, this period can be extended.
Filing an RTI Application
The first step in the RTI process involves applying with the designated Public Information Officer (PIO). The application should be made in writing or electronically, stating the information sought in a clear and concise manner. The PIO must acknowledge the receipt of the application and provide a receipt number for tracking purposes. As per Section 6 of the RTI Act, the information requested must be related to the public authority’s work and be available in its records.
Once the application is received, the PIO is obligated to provide a response within 30 days. If the information concerns life or liberty, the response must be provided within 48 hours. The PIO may either provide the requested information, deny it (with valid reasons), or transfer the application to the appropriate authority if the information pertains to another department.
With the advancement of technology, the government has made it easier for citizens to file RTI applications online by visiting the official government RTI portal (e.g., https://rti.gov.in for central government ministries) or the state-specific RTI portals. It reduces the time and cost involved in physically applying and is accessible to a broader range of citizens.
Key Aspects of the RTI Final Procedure
The final procedure for accessing information via the RTI Act can be categorized into the following stages:
- Response from the Public Information Officer (PIO)
- Appeal Procedure
- Second Appeal to the Information Commission
- Enforcement of Decision
1. Response from the Public Information Officer (PIO)
After receiving the RTI application, the PIO must review the request and process it promptly. The response must be provided within 30 days, as stipulated under Section 7 of the RTI Act. The PIO may take the following actions:
- Providing Information: If the requested information is available and not exempt under the Act, it must be provided in the form requested by the applicant, subject to certain conditions.
- Refusing Information: If the information is exempt from disclosure (for example, information that pertains to national security or is personal and does not affect public interest), the PIO must provide a detailed justification for refusal under Section 8 and Section 9 of the Act.
- Transfer of Application: If the PIO is not the appropriate authority to handle the request, the application must be transferred to the relevant PIO within five days. The applicant will be notified of the transfer.
If the information is not provided or the applicant is dissatisfied with the PIO’s response, the applicant can file an appeal.
2. Appeal Procedure
The RTI Act provides a two-tier appeal process to ensure that applicants can seek redress if they do not receive a satisfactory response. If a citizen does not receive the requested information within 30 days or if they disagree with the decision made by the PIO, they can file an appeal under Section 19 of the Act.
- First Appeal: The first appeal should be filed with the Appellate Authority, who is typically an officer senior to the PIO. This appeal must be filed within 30 days from the date on which the PIO’s response was due or from the date of receipt of the PIO’s refusal.
The Appellate Authority is required to decide within 30 days from the receipt of the appeal. If the appellant is dissatisfied with the Appellate Authority’s decision or if no decision is provided, they can move to the second level of appeal.
- Second Appeal: If the applicant is still unsatisfied after the first appeal, a second appeal can be filed before the State Information Commission (SIC) or Central Information Commission (CIC), depending on the nature of the request. The second appeal must be made within 90 days of receiving the decision from the Appellate Authority. The Information Commission has the power to inquire into the matter, and if the appeal is found valid, they can direct the public authority to provide the requested information.
3. Second Appeal to the Information Commission
If an applicant’s first appeal does not resolve the issue, the second appeal can be filed with the Information Commission, which can either be the Central Information Commission (CIC) for central government-related matters or the State Information Commission (SIC) for state government matters.
The second appeal is typically the final administrative remedy for citizens under the RTI Act. The Information Commission has the authority to investigate complaints, summon and enforce the attendance of public authorities, and examine relevant documents.
- The Commission has the power to impose penalties if it is found that the public authority has intentionally delayed or denied information without just cause.
- The Commission can issue directions for compliance, which public authorities must adhere to.
Upon reviewing the case, the Information Commission may either:
- Direct the PIO to disclose the requested information.
- Impose penalties (Section 20) if the PIO has failed to perform their duty under the RTI Act.
- Dismiss the appeal if it is found to be without merit.
4. Enforcement of Decision
Once the Information Commission has passed its decision, the public authority is obligated to comply with it. If the public authority refuses to comply, the Information Commission can impose a penalty on the concerned PIO or authority as prescribed under Section 20 of the Act. This penalty can range from ₹250 per day of delay, subject to a maximum of ₹25,000.
Additionally, the applicant may approach the Judicial Court to enforce the decision if the Information Commission’s order is not implemented. The applicant can challenge the decision or non-compliance by seeking judicial review in the courts under the provisions of Article 226 (Writ Petition) of the Indian Constitution.
Conclusion
The RTI Act is a powerful tool that enables citizens to demand transparency from government authorities and ensures accountability in public administration. While the final procedure of the RTI process involves filing appeals, approaching the Information Commission, and enforcement, the system is designed to ensure that the right to information is protected and upheld.
Citizens must be aware of their rights under the RTI Act, including the process for filing appeals if the information is denied or delayed. By following the final procedures, citizens can hold public authorities accountable and ensure that their right to access information is respected and enforced. The RTI Act has revolutionized governance in India and continues to serve as a critical pillar in the fight for transparency, justice, and democracy.