How to File an RTI First Appeal and Second Appeal in India

Kaustav Chowdhury
Jul 12
5 min read

The Right to Information Act, 2005 is one of India's most powerful tools for government transparency. But filing an RTI application is only the beginning. When a Public Information Officer (PIO) refuses to provide information, provides incomplete information, or simply fails to respond within the statutory 30-day window, the Act provides a structured appellate mechanism. Understanding how to navigate the first appeal and second appeal process is essential for anyone serious about exercising their right to information.

When Can You File a First Appeal?

A first appeal under Section 19(1) of the RTI Act can be filed in the following situations: the PIO has not responded within 30 days (or 48 hours in cases involving the life and liberty of a person); the information provided is incomplete, misleading, or false; the fee charged is unreasonable; the PIO has refused to accept the RTI application; or the request was denied under one of the exemption clauses in Section 8 without adequate justification.

Filing the First Appeal: Step-by-Step Process

Step 1: Identify the First Appellate Authority (FAA). The FAA is an officer senior in rank to the PIO within the same public authority. The name and designation of the FAA should be mentioned in the PIO's reply or on the public authority's website. If not, contact the public authority's head office to ascertain the correct officer.

Step 2: Draft the first appeal. There is no prescribed statutory form for RTI appeals, but a well-structured appeal should include your name and address, the date and details of the original RTI application, the PIO's response (or a statement that no response was received), the specific grounds for the appeal, and the relief sought. A model form is available on rtionline.gov.in for central government bodies.

Step 3: File within the deadline. The first appeal must be filed within 30 days from the date of the PIO's decision or from the expiry of the 30-day response period (whichever is applicable). The FAA has discretion to condone a delay of up to 15 additional days if sufficient cause is shown.

Step 4: Pay the fee, if applicable. For central government bodies, the RTI application fee is Rs 10, and there is no additional fee for the first appeal. However, state governments set their own fee structures. For instance, Maharashtra charges Rs 50 for a first appeal.

Step 5: Submit the appeal. For central government bodies, appeals can be filed online at rtionline.gov.in. For state bodies, check the respective state RTI portal. Physical appeals can be sent by post or delivered in person to the FAA's office. Persons below the poverty line (BPL) are exempt from all fees upon production of a BPL certificate.

Disposal of the First Appeal

The FAA must dispose of the appeal within 30 days from the date of receipt. This period may be extended to a maximum of 45 days, provided the FAA records written reasons for the extension. The FAA may direct the PIO to provide the information, may modify the PIO's decision, or may reject the appeal. The order must be communicated to the appellant in writing.

Filing the Second Appeal Before the Information Commission

If the first appeal is dismissed or if the FAA fails to decide within the prescribed time, the applicant may file a second appeal under Section 19(3) of the RTI Act. The second appeal lies before the Central Information Commission (CIC) for central public authorities, or the State Information Commission (SIC) for state-level bodies.

Step 1: Prepare the second appeal. Include all details from the original application and first appeal, copies of correspondence, the FAA's order (or a statement that no order was passed), and specific grounds for challenging the FAA's decision.

Step 2: File within 90 days of the FAA's decision or from the date the FAA's decision was due. The Information Commission may condone delays beyond this period if sufficient cause is demonstrated.

Step 3: Pay the fee. For second appeals to the CIC, there is no fee. State commissions may charge a fee; for instance, Maharashtra charges Rs 100 for a second appeal.

Step 4: Submit the appeal online through the CIC portal (ciconline.nic.in) for central bodies, or through the respective SIC portal for state bodies. Hard copies may also be sent by registered post.

Burden of Proof and Powers of the Information Commission

Section 19(5) places the burden of proof squarely on the public authority. It is the PIO and the public authority that must justify why the information was denied, not the applicant who must prove entitlement. The Information Commission has broad powers: it can require the public authority to provide the information, award compensation to the complainant, impose penalties on the PIO (up to Rs 25,000), and recommend disciplinary action. Filing consumer complaints against entities that violate rights follows a broadly similar escalation structure.

Impact of the DPDP Act 2023 on RTI Personal Information Requests

A significant development that RTI appellants must be aware of is the amendment to Section 8(1)(j) of the RTI Act by the Digital Personal Data Protection Act, 2023 (DPDP Act), whose rules were notified on November 14, 2025. Previously, Section 8(1)(j) allowed the PIO to deny personal information unless a "larger public interest" justified disclosure. The DPDP Act removed this "larger public interest" override entirely. Now, personal information that has no relationship to any public activity or interest, or that would cause an unwarranted invasion of privacy, is exempt from disclosure without any balancing test. This narrows the scope of RTI requests for personal data. Privacy-related legal protections have also been addressed by the Delhi High Court in the context of writ petitions against private media entities for privacy violations.

Practical Tips for Effective Appeals

Be specific about what information was sought and what was denied. Cite the exact section under which the PIO denied information, and explain why the exemption does not apply. Attach copies of all correspondence. If the PIO claimed an exemption under Section 8, address each sub-clause specifically. If you are seeking information about government spending or procurement, emphasise the public interest angle. Always retain proof of submission (postal receipts, online acknowledgement numbers). Those seeking accountability from public authorities may also consider the process for filing complaints through the RBI banking ombudsman for financial sector grievances.

Key Takeaways

A first appeal under Section 19(1) must be filed with the First Appellate Authority within 30 days of the PIO's decision or the expiry of the response period. The FAA must decide within 30 days, extendable to 45 days with written reasons. A second appeal under Section 19(3) goes to the Central or State Information Commission within 90 days. The CIC charges no fee for second appeals; state fees vary. Under Section 19(5), the burden of proof rests on the public authority, not the applicant. The DPDP Act 2023 (rules notified November 14, 2025) has removed the "larger public interest" override for personal information exemptions under Section 8(1)(j), narrowing the scope of RTI for personal data requests. Both appeals can be filed online (rtionline.gov.in for central, respective state portals for state bodies) or by post.