RTI Act 2005: Complete Guide on RTI Application (Section 6), First Appeal (Section 19(1)) and Second Appeal (Section 19(6)
1. RTI Act 2005 – Meaning and Legal Importance
The Right to Information Act, 2005 (RTI Act 2005) is a landmark transparency law enacted to ensure openness and accountability in public administration. It gives every Indian citizen a statutory right to access information held by public authorities.
The RTI Act follows a clear three-stage legal mechanism:
- Filing an RTI Application
- Filing a First Appeal
- Filing a Second Appeal
This article explains these three stages in detail, strictly limited to:
- Section 6 – RTI Application
- Section 19(1) – First Appeal
- Section 19(6) – Second Appeal
The language is kept simple so that even a first-time RTI applicant can understand and use the law confidently.
2. RTI Application under Section 6 of RTI Act, 2005
2.1 What Is Section 6 of the RTI Act?
Section 6 is the starting point of the RTI process. It gives a legal right to any citizen to request information from a public authority.
2.2 Who Can File an RTI Application Under Section 6?
Under Section 6:
- Any citizen of India can file an RTI application
- There is no age restriction
- No educational qualification is required
- The applicant does not need to give any reason for seeking information
The Public Information Officer (PIO) cannot ask why the information is required.
2.3 To Whom the RTI Application Is Addressed
An RTI application under Section 6 must be submitted to:
- The Public Information Officer (PIO) of the concerned department
OR - The Assistant Public Information Officer (APIO)
If the application is sent to the wrong department, the responsibility of transferring it lies with the public authority, not the citizen.
2.4 Format and Drafting of RTI Application
The RTI Act does not prescribe any fixed format. However, for better results, the application should clearly mention:
- Name of the applicant
- Address or contact details
- Exact information sought
- Relevant period or subject
The questions should be:
- Clear
- Specific
- Based on records or documents
Avoid asking opinions, explanations, or personal interpretations.
2.5 Language and Mode of Filing RTI Application
- RTI can be filed in English, or the official local language
- It can be:
- Handwritten or typed
- Sent by post
- Submitted online (where applicable)
2.6 Fees for RTI Application Under Section 6
- Application fee: ₹10
- Applicants Below Poverty Line (BPL): No fee
- Additional fees may be charged for:
- Photocopies
- Electronic records
- Inspection beyond free limits
2.7 Legal Significance of Section 6
Section 6 ensures:
- Easy access to information
- Minimal procedural hurdles
- Citizen-friendly approach
- Mandatory duty on public authorities to reply
This provision transforms transparency into a legal right, not a favour.
3. First Appeal Under Section 19(1) of RTI Act 2005
3.1 What Is First Appeal Under Section 19(1)?
A First Appeal under Section 19(1) is the first statutory remedy available to an RTI applicant when the Public Information Officer fails to act according to law.
It allows the applicant to challenge:
- Non-reply
- Delay in response
- Partial or misleading information
- Illegal rejection of RTI
3.2 When Can a First Appeal Be Filed?
A First Appeal can be filed when:
- No reply is received within the prescribed time
- Information is denied without valid reasons
- Incomplete or vague information is supplied
- Excessive fees are demanded
Even silence by the PIO is treated as refusal.
3.3 Time Limit for Filing First Appeal
- First Appeal must be filed within 30 days
- The period is calculated from:
- The expiry of RTI reply time, or
- The date of receiving the PIO’s reply
Delay can be condoned if sufficient cause is shown.
3.4 Who Is the First Appellate Authority (FAA)?
- The First Appellate Authority is a senior officer to the PIO
- Belongs to the same public authority
- Acts as an internal supervisory authority
3.5 Procedure for Filing First Appeal
The First Appeal should contain:
- Copy of RTI application
- Copy of PIO reply (if any)
- Grounds of appeal
- Relief sought
The appeal should be factual, concise, and well-structured.
3.6 Importance of Section 19(1)
Section 19(1):
- Provides an internal corrective mechanism
- Prevents misuse of power by PIOs
- Reduces unnecessary burden on Information Commissions
4. Second Appeal Under Section 19(6) of RTI Act 2005
4.1 What Is a Second Appeal?
A Second Appeal under Section 19(6) is the final statutory remedy available to an RTI applicant.
It can be filed when:
- The First Appellate Authority rejects the appeal
- No order is passed by the FAA within the prescribed time
4.2 Time Limit for Filing Second Appeal
- Second Appeal must be filed within 90 days
- The period is calculated from:
- The date of FAA’s order, or
- The date on which the order should have been passed
Delay may be condoned on sufficient grounds.
4.3 Authority Before Whom Second Appeal Lies
The Second Appeal lies before:
- Central Information Commission – for Central Government authorities
- State Information Commission – for State Government authorities
4.4 Procedure for Filing Second Appeal
The following documents are generally required:
- RTI application copy
- PIO reply (if any)
- First Appeal copy
- FAA order (if any)
- Grounds for Second Appeal
The appeal is examined on facts, law, and public interest.
4.5 Powers of Information Commission Under Section 19(6)
The Information Commission has the authority to:
- Direct disclosure of information
- Impose penalty on erring PIOs
- Award compensation to the applicant
- Recommend disciplinary action
Orders passed by the Commission are binding unless challenged before the High Court.
5. Step-by-Step RTI Process Summary
5.1 Section 6 – RTI Application
Citizen requests information from public authority
5.2 Section 19(1) – First Appeal
Challenge against delay, denial, or improper reply
5.3 Section 19(6) – Second Appeal
Final statutory remedy before Information Commission
6. Conclusion
The RTI Act, 2005, provides a simple yet powerful legal framework to ensure transparency in governance.
- Section 6 empowers citizens to seek information
- Section 19(1) ensures accountability at the departmental level
- Section 19(6) guarantees independent adjudication
A clear understanding of these provisions will enable citizens to use the RTI Act effectively and responsibly, making public authorities more transparent and answerable.
