RTI Application Process & Timelines

Landmark Case: Central Board of Secondary Education v. Aditya Bandopadhyay (2011) 8 SCC 1 — The Supreme Court held that answer scripts are “information” under Section 2(f) and must be disclosed, establishing that the RTI process cannot be defeated by creative redefinitions of what counts as information.

Overview: Sections 6 and 7

The RTI Act creates a simple, two-step process: a citizen files a written request under Section 6, and the Public Information Officer (PIO) responds under Section 7. The entire process is time-bound with strict deadlines. Failing to meet them triggers the right of appeal and penalties.

The most important feature is that a citizen need not give reasons for the request (Section 6(2)). The PIO cannot ask why the information is needed, cannot demand proof of identity beyond what is necessary for contact, and cannot reject the application merely because the citizen is not personally affected.

Critical Timelines — Master These

Complete RTI Application Flowchart

flowchart TD
    A["CITIZEN\nWrites RTI Application\nSection 6 — any language\nPays Rs.10 fee"] --> B["Application received by PIO\nSection 5"]

    B --> C{Is the information\nwith this PIO?}

    C -->|With another authority| D["PIO transfers\nwithin 5 DAYS\nSection 6(3)"]
    D --> E["New PIO has\n25 more days"]

    C -->|Available here| F{Is info exempt\nunder Section 8?}

    F -->|Not exempt| G["PIO provides information\nwithin 30 DAYS\n48 hours if life/liberty"]

    F -->|Exempt — public interest test| H{Public interest\noverride?\nSection 8(2)}

    H -->|Public interest higher| I["PIO discloses\ndespite exemption\n30 days"]
    H -->|Exemption valid| J["PIO sends REJECTION\nwith written reasons\nand appeal details\nSection 7(8)"]

    G --> K["CITIZEN GETS\nINFORMATION"]
    I --> K

    J --> L["FIRST APPEAL\nSection 19(1)\nWithin 30 days\nTo senior officer (FAA)"]

    L --> M{FAA Decision\nS. 19(6)\n30 days}

    M -->|Allowed| K
    M -->|Rejected| N["SECOND APPEAL\nSection 19(3)\nWithin 90 days\nTo Information Commission"]

    N --> O{Commission\nDecision}
    O -->|Disclosure ordered| P["Info + possible\ncompensation\nSection 19(8)(b)"]
    O -->|Rejected| Q["Writ petition\nHigh Court\nArticle 226"]

    style A fill:#dbeafe,stroke:#1d4ed8
    style K fill:#dcfce7,stroke:#15803d
    style P fill:#dcfce7,stroke:#15803d
    style J fill:#fee2e2,stroke:#b91c1c

Section 6 — Filing the Application

Any citizen may file an RTI application in writing or by electronic means, in English, Hindi, or the official language of the area. The application must describe the information sought with reasonable clarity. The fee is Rs. 10 (for Central Government authorities).

What the PIO Cannot Demand

• Reasons for seeking the information
• Proof of citizenship
• Personal particulars beyond what is needed for contact

If the PIO is the wrong one, she must transfer the application to the correct authority within 5 days under Section 6(3). The clock for the new PIO starts fresh from the date of transfer, with 25 additional days.

Section 7 — Disposal of the Request

The PIO must examine the request and either provide the information or reject it with written reasons. A rejection under Section 7(8) must include:

1. Specific reasons for refusal (citing the exact Section 8 exemption)
2. The period within which an appeal may be filed
3. The name and designation of the First Appellate Authority

A “deemed refusal” arises automatically if the PIO fails to reply within 30 days — the citizen may then appeal directly without waiting further.

Sample Problem (KSLU-style)

Problem: Rajan files an RTI application to a Central Government ministry asking for copies of all tender files for a road project. The PIO does not reply for 45 days. What are Rajan’s options?

Answer (IRAC):

• Issue: What remedies are available to an RTI applicant when the PIO fails to respond within the statutory time limit?
• Rule: Section 7(1) requires a PIO to provide information within 30 days. Section 7(2) provides that failure to reply within 30 days amounts to a deemed refusal. Section 19(1) allows a first appeal to be filed within 30 days of such deemed refusal. Section 20(1) allows the Information Commission to impose a penalty of Rs. 250 per day (maximum Rs. 25,000) on the defaulting PIO.
• Analysis: Rajan’s 30-day window expired without a response. From day 31 onward, the silence is treated as a refusal. Rajan may now file a First Appeal before the First Appellate Authority (a senior officer in the same ministry). He need not wait for a written rejection order — the deemed refusal is sufficient. The FAA must decide within 30 days (extendable to 45 days). If still not satisfied, Rajan may approach the Central Information Commission in a Second Appeal.
• Conclusion: Rajan should file a First Appeal immediately citing Section 7(2) deemed refusal. On reaching the Commission, he can also seek a penalty on the PIO under Section 20(1) for the 15-day excess delay.