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Area of Practices in Information Commission Matters
Information Commission Matters – Chansoriya Law Chambers
The Right to Information (RTI) Act, 2005 is a landmark legislation that empowers citizens to demand transparency and accountability from public authorities. The Act grants individuals the right to seek information from government departments, statutory authorities, and institutions receiving substantial public funds. Disputes arising from denial of information or incomplete disclosures are adjudicated before the State Information Commissions (SICs) and the Central Information Commission (CIC). Representation in these proceedings ensures that the right to information is effectively enforced.
Role of Information Commissions
The Central Information Commission and State Information Commissions act as independent appellate authorities under the RTI framework. They hear appeals and complaints from citizens whose requests for information have been denied, delayed, or inadequately addressed by Public Information Officers (PIOs). Their powers include: Directing disclosure of information. Imposing penalties on erring officials. Ordering systemic improvements in record-keeping and transparency. The orders of these Commissions are binding and enforceable, subject to limited judicial review before High Courts and the Supreme Court under writ jurisdiction.
Common RTI Disputes
Non-disclosure of information by government departments. Delay in response beyond the statutory 30-day period. Denial of information on vague grounds such as “confidentiality” or “public interest.” Issues of larger public interest, where disclosure strengthens accountability. Third-party information disputes, especially in service matters, tenders, and contracts.
Importance of RTI in India
RTI has emerged as a powerful tool for promoting transparency in governance, reducing corruption, and empowering citizens. It is widely used in matters relating to: Allocation of public resources and welfare schemes. Recruitment and promotion in government services. Urban development, land allotments, and housing boards. Utilization of funds by local self-governments and municipalities. Education, health, and other public service delivery mechanisms.
Current Trends in RTI Litigation
Digital RTI Portals: Growing use of online filing platforms for faster access to records. Public Interest Information: Commissions increasingly recognize the role of RTI in exposing systemic irregularities. Privacy vs. Transparency: With the rise of data protection debates, courts balance the citizen’s right to know with individual privacy rights. Backlog of cases: Pending appeals before Information Commissions highlight the need for efficient representation and timely hearings.
Representation Before Information Commissions
While the RTI Act is designed to be citizen-friendly, representation before CIC and SICs helps in drafting precise appeals, addressing exemptions claimed by authorities, and citing judicial precedents. Effective advocacy ensures that genuine information requests are not diluted by procedural objections or arbitrary refusals.
Many RTI applicants face rejection due to technical errors in filing, lack of clarity in framing queries, or inadequate follow-up. Awareness of provisions under the RTI Act, exemptions under Section 8, and the appellate process is essential for obtaining meaningful relief. Citizens who understand the process are better equipped to hold authorities accountable and to enforce their fundamental right to information under Article 19(1)(a) of the Constitution.