Can Non-Resident Indians (NRIs) File RTI Applications? Rules & Complete Process Explained

The Right to Information (RTI) Act, 2005 is a powerful tool designed to bring transparency and accountability into governance in India. It grants every Indian citizen the right to seek information from government authorities. But does this right extend to Indian citizens residing abroad, i.e., Non-Resident Indians (NRIs)?

Introduction: RTI and Non-Resident Indians

Many Non-Resident Indians remain deeply connected to their roots and often wish to obtain information related to various government departments in India. Previously, there was some ambiguity regarding whether NRIs could file RTI applications. However, the government has clarified its stance, enabling NRIs to now avail themselves of this right.

Can Non-Resident Indians File RTI? The Latest Position

Yes, Non-Resident Indians (NRIs) can file RTI applications under the Right to Information Act, 2005. The government clarified its position in 2018, facilitating NRIs’ access to information in India.

Previous Position and Changes

Initially, there was some debate regarding the interpretation of the term ‘citizen’ under the RTI Act and whether it included NRIs. For a period, it was believed that NRIs were not eligible to file RTI applications. However, in August 2018, the Central Government clarified that NRIs, being Indian citizens, are entitled to file applications under the RTI Act. This change significantly eased access to information for millions of Indians living abroad.

Legal Basis: Importance of Citizenship

The RTI Act explicitly grants the right to seek information to ‘citizens’. Since Non-Resident Indians (NRIs) still hold Indian citizenship (they do not renounce citizenship; they merely change their place of residence), they fall within the purview of the RTI Act. This bestows upon them the right to seek information from any public authority within the country, provided such information is disclosable under the provisions of the RTI Act.

RTI Application Rules and Process for Non-Resident Indians

The process for filing RTI applications for NRIs is similar to that for general Indian citizens, albeit with a few specific considerations.

How to Apply?

• Online Portal: NRIs can file RTI applications using the Government of India’s online RTI portal (rtionline.gov.in). This is the most convenient method.
• Through Indian Embassy or High Commission: NRIs can also file RTI applications through the Public Information Officer (PIO) at the Indian Embassy or High Commission located in their country of residence. The Embassy or High Commission will forward your application to the concerned Indian public authority.
• By Post: If applying online or through an Embassy is not feasible, you may send the application form directly by post to the concerned Indian public authority. This method may take more time.

Essential Details and Information

Your RTI application must clearly include the following information:

• Recipient: The designation of the Central/State Public Information Officer (CPIO/SPIO) and the name of the public authority from whom the information is sought.
• Applicant’s Details: Your name, email ID, postal address, and contact number. If applying through an embassy, mention your foreign address.
• Information Sought: State your information request clearly and concisely. Instead of asking questions, seek specific documents, records, data, or policies.
• Prescribed Format: While there is no strict format, you can write the application in the form of a letter.

Application Fee

The RTI application fee is ₹10 (Rupees Ten only). The payment methods for NRIs may differ:

• For Online Applications: Payment can be made through debit card, credit card, or net banking on the online portal.
• Through Embassy/High Commission: Embassies often accept fees equivalent to Indian Rupees in local currency. Payment may be made via cash or Demand Draft/Cheque. Contact the respective embassy for precise payment methods.
• By Post: If applying directly by post, you may attach an Indian Postal Order (IPO) or Demand Draft of ₹10, drawn in favour of ‘Accounts Officer’ or the concerned public authority.

Timeframe

A public authority is generally required to respond to an RTI application within 30 days. If the information pertains to the life or liberty of a person, this timeframe is 48 hours. If the application is made through an embassy, the embassy may get an additional 5 days to forward it to the concerned PIO.

Points to Remember for RTI Applications

• Clarity of Information: Keep your questions as clear and specific as possible. Vague questions can lead to delays or rejection of the response.
• Pertaining to Public Authority: RTI can only be filed for information available with a ‘public authority’ (government departments, public sector undertakings, etc.). Information from private entities does not fall under the purview of RTI.
• Avoid Personal Information: Through RTI, you can only request information that is publicly available or can be made public. Seeking personal information of a third party is impermissible under the RTI Act.

If No Response or Incomplete Response is Received

If you do not receive a response within 30 days (or 48 hours in cases concerning life/liberty), or if you are dissatisfied with the information received, you may file an appeal.

• First Appeal: You can file a ‘First Appeal’ within 30 days against the decision of the Public Information Officer to the ‘First Appellate Authority’.
• Second Appeal: If you are still not satisfied with the outcome of the First Appeal, you may file a ‘Second Appeal’ with the ‘State Information Commission’ or the ‘Central Information Commission’.

Conclusion and Assistance

As Non-Resident Indians, you can fully utilise the RTI Act to ensure transparency and accountability in your country’s affairs. The government’s clarification has significantly simplified this process. Whether you wish to know about your property in India, government schemes, or any other public record, RTI serves as a crucial medium for you.

You can easily draft your RTI application for free using our automated tool on the homepage of rtisupport.in and exercise your right to access information.

Regards,

Team RTI Support India

A Medium for Citizen Empowerment and Transparency