Right to information: a freedom, not a favour
Where RTI comes from in the Constitution, how to file for Rs 10, the 30-day and 48-hour limits, appeals, penalties, and what changed in November 2025.
In short
- The right to know is part of free speech under Art 19(1)(a). The RTI Act, 2005 turns it into a procedure any citizen can use; you never have to give a reason.
- Write to the Public Information Officer (PIO) of the department, pay Rs 10 (Central bodies; BPL applicants pay nothing), and keep proof of sending. Online: rtionline.gov.in for Central bodies.
- Reply due in 30 days; 48 hours if life or liberty is at stake Sec 7, RTI Act.
- No reply or a bad one? First appeal within 30 days to the senior officer; second appeal within 90 days to the Information Commission, which can fine the PIO Rs 250 a day Secs 19 and 20.
- Since 13 November 2025, "personal information" can be refused without a public-interest test, so frame questions around records and decisions, not individuals.
Your ration did not arrive. A road in your village was "completed" on paper but never built. In each case the answer sits in a government file, and the right to information lets you ask to see it. An RTI application is not a plea for an official's kindness. It is a constitutional right, and the officer who answers you is performing a legal duty.
Where the right comes from
The Constitution does not use the words "right to information". The Supreme Court has held, repeatedly, that it is part of the freedom of speech and expression in Art 19(1)(a), because you cannot form or express an opinion without facts.
- State of U.P. v. Raj Narain (1975): the people have a right to know every public act done in a public way by public officials.
- S.P. Gupta v. Union of India (1981): open government is a part of democracy and flows from the right to know.
- CBSE v. Aditya Bandopadhyay (2011): students may see their evaluated answer sheets under the RTI Act.
The Right to Information Act, 2005 made this a working procedure. It covers every "public authority": ministries, state departments, panchayats and municipalities, police, public sector companies, government schools and hospitals, and bodies substantially funded by government Sec 2(h). Public authorities must also publish a great deal on their own, without being asked Sec 4.
Step by step: filing an application
- Identify the public authority that holds the record. If you pick the wrong one, it must transfer your application within five days Sec 6(3).
- Write the application in English, Hindi or the state's official language, addressed to "The Public Information Officer, [department]". Give your name and postal address (no other personal details are required) and ask for specific records: "certified copy of the muster roll for work ID X, April to June 2026". You need not say why you want it Sec 6(2).
- Pay the fee. Rs 10 for Central Government bodies by postal order, demand draft, court fee stamp or online. State fees are similar but vary. Below-poverty-line applicants pay nothing; attach the BPL card copy Sec 7(5). Copies cost Rs 2 per page at the Centre; if the PIO misses the deadline, the information is free Sec 7(6).
- Send it by registered post or speed post, hand it in against a receipt, or file online. For Central bodies use rtionline.gov.in; many states have their own portals.
- Keep a copy of the application and the proof of sending. Your 30 days run from the date the PIO receives it.
Time limits, appeals and penalties
- The PIO must reply within 30 days of receipt; within 48 hours if the information concerns a person's life or liberty Sec 7(1).
- No reply within 30 days counts as a refusal. File a first appeal within 30 days to the First Appellate Authority, an officer senior to the PIO in the same body. It is free. The authority should decide within 30 days, extendable to 45 Sec 19(1), 19(6).
- Still unhappy? File a second appeal within 90 days to the Central Information Commission or your State Information Commission Sec 19(3). You can also file a direct complaint to the Commission if no PIO exists or your application was refused at the counter Sec 18.
- The Commission can penalise a PIO who refused or delayed without reasonable cause: Rs 250 per day, up to Rs 25,000, from the officer's own salary, and can recommend disciplinary action Sec 20.
Information Commissions in several states carry long backlogs and vacancies, so a second appeal can take months or years. Use the first appeal well; that is where most information is actually released.
What can be refused
Sec 8(1) lists the exemptions: information that would harm national security or foreign relations; information a court has forbidden; Cabinet papers before a decision; third parties' commercial secrets; information that would endanger someone's life or impede an investigation; and personal information.
An important change took effect on 13 November 2025. Sec 44(3) of the Digital Personal Data Protection Act, 2023 amended Sec 8(1)(j). Earlier, personal information could be disclosed if a larger public interest justified it, and anything that could not be denied to Parliament could not be denied to you. Now personal information can be withheld without that test. Sec 8(2) still lets a PIO disclose exempt information where the public interest outweighs the harm, but that is left to discretion. Expect more refusals for questions about named individuals, such as an officer's assets or attendance, and more success when you ask for the file, the order, the tender or the expenditure. You can still appeal any refusal you think is wrong.
Kamla worked 42 days on a MGNREGA pond in her Jharkhand village but was paid for 20. She files an RTI to the Block Development Officer's PIO: "certified copies of the muster rolls and the FTO (fund transfer order) for work code X, May–June 2026, and the number of days recorded against job card Y". She pays Rs 10 by postal order and keeps the speed-post slip. On day 25 she receives the muster roll, which shows 42 days against her name but a payment for 20. She attaches it to a complaint to the District Programme Coordinator. The balance is credited within a month.
Keep these ready
- Your application with the date and the PIO's name or designation
- Postal order / fee receipt and the speed-post or online acknowledgement
- Any reply, with its date (your appeal clock starts there)
- BPL card copy if you claim fee exemption
Only citizens can file, and the Act gives you records, not opinions, advice or answers to "why" questions. Do not bundle twenty unrelated questions into one application; PIOs reject these as vague. One subject, three or four precise requests, works best.
Where to go
- Public Information Officer of the department (by post, in person or on rtionline.gov.in for Central bodies).
- First Appellate Authority of the same department, within 30 days.
- Central / State Information Commission, second appeal within 90 days, or complaint.
- Threats for using RTI: police, 112, and the State Human Rights Commission.
- Free help drafting an application or appeal: 15100 (NALSA) or the Central portal rti.gov.in for guides and PIO directories.
Common questions
How much does an RTI application cost?
Rs 10 for Central Government bodies, paid by postal order, demand draft, court-fee stamp or online. Most states charge the same or a similar amount. People below the poverty line pay no fee if they attach proof. Photocopies cost Rs 2 per page at the Centre, and the information becomes free if the PIO misses the 30-day deadline.
Do I have to give a reason for asking?
No. Section 6(2) of the RTI Act says an applicant shall not be required to give any reason, or any personal details beyond what is needed to contact them. A PIO who asks "why do you want this" is acting outside the law; politely cite Sec 6(2).
What if I get no reply within 30 days?
Silence counts as a refusal. File a first appeal within 30 days of the deadline to the First Appellate Authority of the same department, attaching your application and proof of sending. If that fails, file a second appeal within 90 days to the Information Commission, which can also fine the PIO Rs 250 a day up to Rs 25,000.
Can I get information about a government officer's salary or assets?
Since 13 November 2025, Sec 8(1)(j) allows personal information to be withheld without weighing the public interest, so such requests are more likely to be refused. You can still appeal, and Sec 8(2) permits disclosure where public interest clearly outweighs harm. Information that a public authority must publish on its own under Sec 4, such as pay scales and budgets, remains available.
Is the right to information a fundamental right?
Yes. The Supreme Court has held that the right to know is part of the freedom of speech and expression under Article 19(1)(a), beginning with State of U.P. v. Raj Narain (1975). The RTI Act, 2005 is the law that gives this right a practical procedure, time limits and an appeal system.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
