Powers and functions of Information Commissions
Commencement. Ss. 4(1), 5(1) (2), 12, 13, 15, 16, 24, 27, 28 (15-06-2005) and rest provisions on 120th day of its enactment.
Section 18 of the Right to Information Act, 2005 deals with powers and functions of Information Commissions. Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,-- (a) who has been unable to submit a request to a Central Public Information Officer or Sta The Act was enacted on 15 Jun 2005.
(1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,--
(a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
(b) who has been refused access to any information requested under this Act;
(c) who has not been given a response to a request for information or access to information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
(2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
(3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed.
(4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.
Section 18, The Right to Information Act, 2005 (Act 22 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Malappuram District Co. Op. Bank LTD vs State Information Commission
Court's Decision & Legal Precedent
Cooperative societies registered under state cooperative societies acts are not public authorities under Section 2(h) of the Right to Information Act, 2005, unless they satisfy one of the statutory tests: (a) are established or constituted by Constitution, Parliament law, State Legislature law, or executive notification; or (b) are owned by the appropriate government; or (c) are controlled by the appropriate government with substantial control (not mere supervisory/regulatory control) over management and affairs; or (d) are substantially financed, directly or indirectly, by funds provided by the appropriate government (meaning actual, existing, positive and real financing to substantial extent where body practically runs by such funding). The determination of whether a particular cooperative society meets these tests is a question of fact to be examined by the State Information Commission or Central Information Commission when disputed, on evidence. The burden of proof lies on the applicant seeking information or the government to demonstrate that a society satisfies one of these tests.
On this section: Powers of Information Commissioners - to inquire into complaints about refusal to provide information and examine whether bodies satisfy definition of public authority
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C.V. Rajendran v. State Information Commission
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2014-10-28 (order-1.pdf): Following CIC v. State of Manipur, RTI Act ss.18 and 19 serve different purposes; a complaint under s.18 cannot substitute the appellate remedy under s.19 after deemed rejection of an s.6 request — SIC penalty under s.20 via a pure s.18 complaint in that situation is without jurisdiction (liberty to file delayed s.19 appeal).
On this section: s.18 — Information Commission complaint jurisdiction is not a substitute for s.19 appeals against refusal/deemed refusal of information.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 18
What have the courts held on Section 18 of the Right to Information Act?
Malappuram District Co. Op. Bank LTD vs State Information Commission (07 Oct 2013) is the leading judgment on this section among those set out below: Powers of Information Commissioners - to inquire into complaints about refusal to provide information and examine whether bodies satisfy definition of public authority. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2013 to 2014.
How do I find court cases under Section 18 of the Right to Information Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTI Act 18, section 18 RTI Act, section 18 of the Right to Information Act. People searching for it also type rti 18(1). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Malappuram District Co. Op. Bank LTD vs State Information Commission (07 Oct 2013).
What should I read with Section 18 of the Right to Information Act, and has it changed?
Its own text turns on section 19 (Appeal), so none of them can safely be read on its own. One instrument names it without being made under it, most recently The Tamil Nadu Information Commission (Appeal Procudure) Rules, 2012 (2012).
When was Section 18 of the Right to Information Act enacted?
Section 18 of the Right to Information Act, cited as RTI Act 18, was enacted on 15 Jun 2005 as Act 22 of 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 19. Appeal669 words
- 7. Disposal of request657 words
- 4. Obligations of public authorities643 words
- 2. Definitions618 words
- 13. Terms of office and conditions of service530 words
- 8. Exemption from disclosure of information520 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.