Consult Best Rti Lawyers/Advocates in India

What is RTI?

Right to Information or RTI is the provision which enables citizens to request information from a “public authority” (body of the Government or an instrumentality of the State). It mandates timely response to the request filed by citizens for government information.

What information is exempt from the Right to Information Act?

RTI Act Section 8 outlines exemptions from disclosure of information. This incorporates data that has an impact on national security, secrets of the Cabinet, trade secrets, or information about a person that is not accompanied by broader social interest. As per Section 8 of the RTI Act, certain types of information are exempt from being provided under an RTI application. Some of the exemptions have been listed below:

• Any information which would affect the sovereignty, integrity, and strategic interests of the Indian State are exempt.
• Disclosure of any information which would constitute contempt of court, or which has been expressly barred from publication by any tribunal, or the disclosure of which would cause a breach of privilege of Parliament or State Legislature.
• Information which is made available to a person in capacity of their fiduciary relationship with someone.
• Information which is personal information the disclosure of which would not have any public interest would be exempt as it would cause an unwarranted breach of privacy.

However, many authorities misuse Section 8, and in such cases, RTI lawyers can challenge these denials by filing appeals.

What is the Governing Law of RTI?

The Right to Information Act, 2005 is a pioneer legislation that complements transparency in the operations of the government. It gives power to the Indian citizens to request information to any “public authority” and holds the public servants more accountable. It is applicable in all states and union territories, excluding Jammu & Kashmir.

Procedure for RTI filing

Following is the summarised process for filing an RTI:

• Identifying relevant departments of the government would be giving the information, for example in RTI’s related to tax matters, the concerned authority would be the Income Tax Department.
• Writing the application as per the prescribed format However, following the format is not necessary and it can be submitted on a plain paper in Hindi/English or other language.
• Payment of fees- An amount of Rs. 10 is charged on an RTI application, which is made in the form of an Indian Postal Order which is to be attached in the application.
• Send Application- After the completion of above steps, the RTI application can be sent via speed post/registered post. If a reply is not received within 30 days, then the central information commission can be approached.

Some Legal facts About RTI:

• As per Section 6(2) of the RTI Act, 2005 – the applicant making request for the information is not under the obligation to provide any reason for the requesting of his information.
• Article 370 of the Indian Constitution keeps the state of Jammu & Kashmir outside the ambit of RTI. However, there is an act called ‘Jammu and Kashmir Right to Information Act of 2009’.
• Exception to RTI – if an information, which is beyond the domain of a state government, is requested for to the State Information Commission, then they can revert back suggesting you to file an application to the Central Information Commission or the relevant Central Authority.
• Subhash Chandra Agrawal v. Office of AG – the Delhi High Court held that the office of the Attorney General of India is a public authority under the Right to Information Act.
• Jiju Lukose v. State of Kerala – the Kerala High Court said that the police are obligated to provide a copy of the FIR on an RTI application unless a relevant authority under Section 8 of the RTI Act exempts from the copy being provided.

Reliefs provided under Right to Information Act:

If the applicant doesn’t receive a response to the application within the prescribed time period, then he may file an appeal under Section 19 of the RTI Act, the first appeal is addressed to the first appellate authority which is designated in each public department/authority.

RTI applicants can also directly approach the State Information Commission or the Central Information Commission if they do not get a response on their RTI application within the stipulated time period.

Roles of RTI Lawyer

An RTI lawyer is important in case your request is rejected or information is not provided reasonably. They assist in framing the accurate RTI queries, make first and second appeals and even appear in the Information Commissions or courts on behalf of the clients as may be necessary. Their familiarity with the law means that your rights as provided in the Right to Information Act in India are not overlooked. 

Current developments in RTI Act

The RTI Act latest amendment came in 2019, changing the tenure and salary structure of Information Commissioners. This was perceived as an effort to introduce more control of the central government on how the Commissions operated. The amendments have been objected to by the RTI activists and legal experts on the ground that they may result in dilution of the independence of law.

Why Consult RTI Lawyers?

Whether you're dealing with delay in response, misuse of Section 8 of the RTI Act, or wish to challenge a rejection of your query, seeking help from professional RTI lawyers can ensure proper legal remedy. They are aware of procedural as well as substantive issues of RTI Act in India and can help in the recourse to higher authorities.

FAQs

Who will assist me in case my RTI application is not accepted or remains unanswered?

You may approach the RTI lawyer, one who is dealing with appeals and complaints under the Right to Information Act, 2005. They will assist you to go to the concerned Information Commission or even courts in case of necessity.

What is Section 8 of the RTI Act?

RTI Act Section 8 lists categories of information that are exempt from disclosure, such as matters affecting national security, commercial secrets, and personal data with no public interest. The exemptions however are not absolute and subject to challenge in the event of abuse.

Is there a recent Amendment to RTI Act?

Yes, the RTI Act latest amendment was in 2019, where the central government got the power to determine the tenure and salaries of Information Commissioners. This has brought up an issue of diminishing the autonomy of the RTI structure.

Is the RTI Act implementable throughout India?

Right to information act in India is applicable in all the states as well as union territories. Earlier, Jammu & Kashmir had its own RTI law but since Article 370 has been revoked, the central RTI Act is also applicable there.

Am I allowed to have legal assistance in filing or appealing an RTI?

Yes, you can hire RTI lawyers for professional assistance. They assist in preparing clear applications, locating appropriate public authority and they will represent you during appeals or hearings under the Right to Information Act, 2005.