Revision summary
RTI must serve justice-seekers and public audit; extortion and rival-firm fishing are abuses. A PIO cannot lawfully sort applicants by purity of heart. The workable split is suo motu disclosure, on-time replies, honest Section 8 and 11, and criminal process for proven money threats. A pre-screening of 'genuine' citizens will be captured and is contrary to the Act. Fear of inconvenience is not the same as extortion.
Model answer
Introduction
The Right to Information Act, 2005 was written for the citizen who cannot buy a file. It was not written as a second business model for a tout. The PIO's job is to protect both the Act and the office, without becoming a censor of inconvenient questions.
Body
Stakeholders
- Genuine applicants seeking their own justice — a wage, a marksheet, a missing person.
- Citizens and journalists using RTI as public audit.
- Intermediaries who file for a hidden commercial rival or who threaten officers for money.
- Decision-makers who may be victims of extortion or who may be hiding a genuine wrong.
- The public authority, the Information Commission, and you as PIO.
- Staff whose ordinary work is buried under copy-paste applications.
Ethical issues and values
- Transparency and accountability versus privacy, commercial secrecy that the Act already exempts, and freedom from harassment.
- Justice: a genuine application must not drown in a flood of motivated ones.
- Integrity: do not use "non-genuine" as a label for an applicant who is only inconvenient.
- Proportionality: extra filters can become a new bribe window at the PIO's door.
- The Act already balances through Section 8 exemptions, not through a PIO's private morality test of the applicant's soul.
Options
- Option 1: Ignore the problem and answer everything at the same slow speed.
- Merit: no accusation of censorship.
- Demerit: genuine files rot; extortion thrives on delay as much as on disclosure.
- Option 2: PIO privately decides "motive" and rejects.
- Merit: fast for the office.
- Demerit: illegal. The Act does not require the applicant to prove a pure heart. This is how RTI dies.
- Option 3: Use lawful process tools, suo motu disclosure, and criminal law for proven extortion, without a motive test at the counter.
Measures, with merits and demerits
- Measure 1: Heavy suo motu disclosure under Section 4 — tenders, bills, beneficiary lists, circulars, RTI logs.
- Merit: fewer applications; touts lose a monopoly on the photocopy.
- Demerit: needs record-keeping that many offices still lack; must still protect Section 8 data.
- Measure 2: Time-bound, quality replies to all valid requests, with a separate fast track for life-and-liberty as the Act already envisages.
- Merit: genuine justice-seekers are not punished for others' sins.
- Demerit: needs staff; without posts, a fast track becomes another sale.
- Measure 3: Do not demand reasons for seeking information, because the Act does not. Train PIOs that "why do you want this" is usually unlawful.
- Merit: protects the genuine poor applicant who cannot write an essay of public interest.
- Demerit: will not by itself stop a tout — other tools must.
- Measure 4: Where a pattern of identical applications is used to threaten an officer for cash, treat it as a crime: record, CCTV of the demand if any, and police / vigilance, not a silent payment.
- Merit: attacks extortion, which is not RTI.
- Demerit: a thin-skinned officer may file a false case against a real activist; independent scrutiny of that FIR is needed.
- Measure 5: Use Section 7 and 8 honestly: transfer, exemption, and third-party procedure under Section 11 when commercial or personal data of others is sought.
- Merit: lawful filter without a motive inquisition.
- Demerit: over-use of Section 8 is itself a mala fide. Commissions exist to correct that.
- Measure 6: One-time information and online dashboards so that a "routine filer" cannot resell the same photocopy every month.
- Merit: kills the business model of resale.
- Demerit: digital divide; keep a window for the offline poor.
- Measure 7: Public authority should publish a monthly list of applications and replies (names can be masked where privacy requires) so that bulk, identical, or clearly commercial patterns are visible to the Commission, not only to a tired PIO.
- Merit: sunlight on both the tout and the hiding department.
- Demerit: activists may be targeted; mask where risk is real.
- Measure 8: Training and counselling of officers so that fear of RTI does not become hatred of citizens. Extortion is rare relative to ordinary inconvenient truth.
- Merit: culture.
- Demerit: training without prosecution of real extortion is a sermon.
- Measure 9: Do not invent a pre-screening committee of "genuine" applicants. That committee will be captured.
- Merit of refusing this: legality.
- There is no demerit in refusing an illegal filter.
What I would not do
- I would not deny an application because the applicant is "not personally affected". Public interest applications are part of the Act's design.
- I would not leak the applicant's name to the person who was asked about, for revenge.
Flow diagram
flowchart TD RTI[RTI application] --> S4[Section 4 disclosure] RTI --> REPLY[Timely reply] RTI --> S8[Lawful exemptions] EXT[Extortion] --> CRIM[Police and vigilance] MOTIVE[PIO motive test] --> KILL[Act dies]
Conclusion
Separate genuine from predatory use by publishing more, answering on time, applying Section 8 and 11 as written, and prosecuting extortion as a crime. Do not appoint the PIO as a priest of motives. That would kill the Act in the name of saving the office.
Quick related
Students also ask
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Case study. You are the head of the Human Resources department of an organization. One day one of the workers died on duty. His family was demanding compensation. However, the company denied compensation because it was revealed in investigation that he was drunk at the time of the accident. The workers of the company went on to strike demanding compensation for the family of the deceased. The Chairman of the management board has asked for your recommendation. What recommendation would you provide to the management? Discuss the merits and demerits of each of the recommendation.
Next question on this syllabus topic (2017 · Q13). View answer →
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Can I reject an application because it is from a professional RTI activist?
No. Repeat filing is not, by itself, a ground. Answer or apply a written exemption. Activism is part of how the Act was meant to work.
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What if the application is clearly for a rival company's bid strategy?
Use commercial-confidence and third-party process where they truly fit. Do not invent a motive rejection at the stamp.
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