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Right to Information Act, 2005

Section 18 of RTI Act, 2005: Powers and Functions of Information Commissions

Section 18 of the Right to Information Act, 2005 empowers the Central Information Commission (CIC) and State Information Commissions (SICs) to receive and inquire into complaints concerning difficulties in seeking or obtaining information from public authorities. It also sets out their powers during an inquiry.

What does Section 18 provide?

Section 18 establishes a complaint mechanism separate from the appeal procedure under Section 19 of the RTI Act. A person may approach the competent Information Commission when one of the circumstances specified in Section 18(1) arises.

Section 18(1): Grounds for filing a complaint

Subject to the Act, the CIC or SIC, as applicable, has a duty to receive and inquire into a complaint from a person who:

  1. Cannot submit an RTI request: No Central or State Public Information Officer has been appointed, or the relevant Assistant Public Information Officer refuses to accept an information application or appeal for forwarding to the designated officer, senior appellate officer or Information Commission.
  2. Is refused information: Access to information requested under the Act has been denied.
  3. Receives no timely response: A request for information or access to information is not answered within the time limits prescribed by the Act.
  4. Disputes an unreasonable fee: The applicant considers the fee demanded to be unreasonable.
  5. Receives defective information: The applicant believes the information supplied is incomplete, misleading or false.
  6. Faces another access-related difficulty: Any other matter concerns requesting or obtaining access to records under the Act.

Section 18(2): Initiation of inquiry

If the CIC or SIC is satisfied that there are reasonable grounds for an inquiry, it may initiate an inquiry into the complaint. The statutory requirement is an assessment of reasonable grounds, not an automatic full inquiry into every allegation.

Section 18(3): Powers similar to a civil court

When inquiring into a matter under Section 18, the Information Commission has powers comparable to those of a civil court trying a suit under the Code of Civil Procedure, 1908, for specified purposes:

  1. Summoning persons, enforcing their attendance, compelling oral or written evidence on oath and requiring production of documents or things.
  2. Requiring discovery and inspection of documents.
  3. Receiving evidence on affidavit.
  4. Requisitioning public records or copies from a court or office.
  5. Issuing summons for examination of witnesses or documents.
  6. Exercising other powers prescribed by applicable rules.

These are statutory inquiry powers for the listed matters; they do not make an Information Commission a civil court for every purpose.

Section 18(4): Examination of records

Despite anything inconsistent in another Central or State law, the CIC or SIC may examine, during an inquiry, any record under the control of a public authority to which the RTI Act applies. Such a record cannot be withheld from the Commission on any ground. This power of inspection by the Commission is distinct from the applicant's entitlement to disclosure: the Act's applicable exemptions and other provisions remain relevant when deciding whether information must be supplied to an applicant.

Complaint under Section 18 and appeal under Section 19

The two remedies serve different functions. Section 18 deals with complaints and inquiries into failures or obstacles in the RTI process. Section 19 establishes the appellate remedy for challenging decisions or failures to decide RTI requests. In Chief Information Commissioner v. State of Manipur (2011) 15 SCC 1, the Supreme Court distinguished the Commission's complaint jurisdiction under Section 18 from its power under Section 19 to direct disclosure of information.

Practical point: If the primary relief sought is an order directing a public authority to provide information, the applicant should ordinarily pursue the appeal mechanism under Section 19. A complaint under Section 18 should not be treated as a substitute for that remedy.

How to submit a complaint

Identify the appropriate Commission based on whether the public authority falls under the Central or State Government. State the facts, the relevant ground under Section 18(1), the date of the RTI application or attempted submission, any response received, and attach supporting records. Check the applicable Commission's current procedural rules and filing instructions.

Related provisions and official resources

Read Section 20 (penalties) and Section 19 (appeals) together with Section 18. For official statutory text and central RTI guidance, consult India Code, the Government of India RTI portal and the Central Information Commission.