RTI Section 6: Request for obtaining information

Request for obtaining information

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to the Central Public Information Officer or State Public Information Officer, or the Central Assistant Public Information Officer or State Assistant Public Information Officer, specifying the particulars of the information sought.

Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer shall render all reasonable assistance to the person making the request orally to reduce the same in writing.

An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

Where an application is made to a public authority requesting for an information which is held by another public authority, or the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application shall be made as soon as practicable and in any case within five days from the date of receipt of the application.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Information Sec 2(f) Public Authority Sec 2(h) Right to Information Sec 2(j) CPIO / SPIO Sec 2(c)

Legal Commentary & Landmark Judgments: Section 6

Section 6 of the Right to Information Act sets out the simple, citizen-friendly procedure for making a request for information without requiring the applicant to state any reason or personal interest.

Core Legal Standard: Section 6 is the gateway for citizens seeking information.
Operational Mechanism: An applicant may submit a request in writing or through electronic means in English, Hindi, or the official language of the area, accompanied by prescribed fees.
Sub-Section (2) Provision: Sub-section (2) provides that an applicant making a request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

Under sub-section (3), if an application is addressed to a public authority that does not hold the information, that authority is legally bound to transfer the application to the competent public authority within five days and immediately notify the applicant.

Key Landmark Precedents:

Central Board of Secondary Education v. Aditya Bandopadhyay (2011) 8 SCC 497: The Supreme Court held that Section 6 confers an unqualified procedural right on citizens to seek information without proving locus standi, and public information officers cannot reject applications on the pretext that the applicant has no personal legal interest in the subject matter.

Legal Commentary:

Section 6(2) completely abolishes the traditional common law requirement of locus standi in public administrative queries. A citizen can inquire into government expenditure, procurement contracts, or policy files across any ministry without having to demonstrate any direct personal injury or grievance.