act:section-6
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| + | metatag-description=(Section 6 of the Right to Information Act, 2005 — the gateway clause. Right to make a request, no reasons required, transfer provisions. Full practitioner and lawyer reference with Supreme Court and CIC rulings, 2026.)}} | ||
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| + | ====== Section 6 — Request for Obtaining Information ====== | ||
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| + | {{ : | ||
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| + | <WRAP center round info 95%> | ||
| + | **In one line:** Section 6 of the RTI Act, 2005 is the **gateway clause** that activates every citizen' | ||
| + | </ | ||
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| + | ===== Full text ===== | ||
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| + | * **6(1)** — Request in writing or through electronic means, in English or Hindi or the official language of the area, to the Central or State Public Information Officer. | ||
| + | * **6(2)** — The applicant //shall not be required to give any reason for requesting the information// | ||
| + | * **6(3)** — Where an application is made to a public authority requesting information which is held by another, or more closely connected with the functions of another, the public authority shall transfer the application, | ||
| + | |||
| + | ===== Why Section 6 matters ===== | ||
| + | |||
| + | Section 6 is the **most-used clause of the Act**. Every one of the ~35 lakh RTI applications filed to the Central Government since 2005 passed through Section 6. Its three sub-sections resolve three structural issues: | ||
| + | |||
| + | - **Formal barriers** — no prescribed form required. A handwritten letter works. | ||
| + | - **Motive disclosure** — no reason required. Section 6(2) is the only clause in Indian transparency law that inverts the standard evidentiary burden; the applicant' | ||
| + | - **Jurisdictional maze** — Section 6(3) prevents applications being rejected for being sent to the wrong door. | ||
| + | |||
| + | ===== Legislative history and amendments ===== | ||
| + | |||
| + | ^ Date ^ Event ^ | ||
| + | | 15 June 2005 | Act enacted (Act No. 22 of 2005). | ||
| + | | 12 October 2005| Section 6 commenced along with operational provisions. | ||
| + | | 24 October 2019| **RTI (Amendment) Act, 2019** — no change to Section 6. | | ||
| + | | 14 November 2025| **DPDP Rules, 2025** — Section 6 itself unchanged; interacts with Section 8(1)(j) amendment. | | ||
| + | |||
| + | Section 6 has **never been amended** since enactment. Every attempted dilution (including the 2015 Lokpal Rules consultation) was withdrawn after public comment. | ||
| + | |||
| + | ===== Landmark rulings ===== | ||
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| + | **Supreme Court:** | ||
| + | * **//Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal//, (2020) 5 SCC 481** — Constitution Bench held that even the office of the Chief Justice of India is a " | ||
| + | * **//Girish Ramchandra Deshpande v. CIC//, (2013) 1 SCC 212** — Section 6 is bounded by the exemption framework in Section 8; the applicant' | ||
| + | * **// | ||
| + | |||
| + | **Delhi High Court:** | ||
| + | * **//Bhagat Singh v. CIC//, Delhi HC (2007)** — a non-speaking refusal under Section 8 cannot be sustained against a Section 6 request; Section 6 creates a presumption of disclosure. | ||
| + | * **//Arvind Kejriwal v. CPIO//, Delhi HC (2010)** — Section 6(2) bars the PIO from probing the applicant' | ||
| + | |||
| + | **Central Information Commission: | ||
| + | * **// | ||
| + | * **//Shail Sahni v. CPIO//, CIC (2013)** — the mode of disclosure (inspection, | ||
| + | |||
| + | ===== Usage patterns (2023-24) ===== | ||
| + | |||
| + | * **~14.38 lakh** Section 6 applications to Central Government ministries in 2023-24 (DoPT Annual Report). | ||
| + | * **~42 percent** related to service matters (pay, pension, transfer). | ||
| + | * **~18 percent** related to beneficiary verification (subsidies, schemes). | ||
| + | * **~12 percent** related to police, revenue, land. | ||
| + | * **~60 percent** replied to within the 30-day statutory window under Section 7. | ||
| + | |||
| + | ===== Drafting strategy — Section 6 in practice ===== | ||
| + | |||
| + | ==== Paragraph 1: invoke Section 6(1) correctly ==== | ||
| + | |||
| + | Use the phrase //" | ||
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| + | ==== Paragraph 2: do not state reasons (Section 6(2)) ==== | ||
| + | |||
| + | Deliberately omit //"for the purpose of..."// | ||
| + | |||
| + | ==== Paragraph 3: invoke Section 6(3) insurance ==== | ||
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| + | Always close with: //"If any portion of this request lies with a public authority other than yours, kindly transfer the same under Section 6(3) within five working days and intimate me of the transfer."// | ||
| + | |||
| + | ===== Common PIO tricks — and the Section 6 counters ===== | ||
| + | |||
| + | ^ PIO move ^ Counter | ||
| + | | "You have not given a reason" | ||
| + | | "Wrong public authority" | ||
| + | | " | ||
| + | | "Your handwriting is unclear" | ||
| + | | "The information must be created / compiled" | ||
| + | | "You need to be an Indian citizen — produce Aadhaar" | ||
| + | |||
| + | ===== Pro-tip for lawyers ===== | ||
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| + | When drafting writ petitions under Article 226 where the underlying record was refused, always **attach the original Section 6 application** along with the PIO's refusal. The absence of a proper Section 6 record is often the first infirmity the High Court notes. | ||
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| + | ===== FAQ ===== | ||
| + | |||
| + | ==== Is the Section 6 right available to non-citizens? | ||
| + | |||
| + | No. [[act# | ||
| + | |||
| + | ==== Is there a fee attached to Section 6? ==== | ||
| + | |||
| + | Yes — Rs 10 under Rule 3 of the RTI Fees Rules, 2005 (waived for BPL under Section 7(5)). The fee is procedural; the right under Section 6 stands whether or not the fee is paid, but the application may be returned for payment. | ||
| + | |||
| + | ==== Can a minor file under Section 6? ==== | ||
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| + | Yes, through a natural guardian. | ||
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| + | ==== Can the request be oral or telephonic? ==== | ||
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| + | Section 6(1) contemplates //written or electronic// | ||
| + | |||
| + | ==== Does Section 6 apply to judicial records? ==== | ||
| + | |||
| + | Administrative-side records of courts, yes (subject to rules made by the Chief Justice as " | ||
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| + | ===== Call to action ===== | ||
| + | |||
| + | If you are filing your first RTI, use our [[: | ||
| + | |||
| + | ===== Related ===== | ||
| + | |||
| + | * [[act|Back to the full RTI Act, 2005]] | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | - Right to Information Act, 2005 (No. 22 of 2005), Section 6. | ||
| + | - RTI (Regulation of Fee and Cost) Rules, 2005. | ||
| + | - //CPIO SC v. Subhash Chandra Agarwal//, (2020) 5 SCC 481. | ||
| + | - //Girish Ramchandra Deshpande v. CIC//, (2013) 1 SCC 212. | ||
| + | - // | ||
| + | - //Bhagat Singh v. CIC//, Delhi HC (2007). | ||
| + | - //Arvind Kejriwal v. CPIO//, Delhi HC (2010). | ||
| + | - DoPT Annual Report 2023-24. | ||
| + | |||
| + | //Last reviewed on: 21 April 2026// | ||
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| + | {{tag> | ||
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