Yes. Under the Right to Information Act, 2005, an RTI application can legally be made through electronic means. Section 6(1) expressly permits a request to be made “in writing or through electronic means” to the concerned CPIO/SPIO or Assistant PIO.
Key points:
Online RTI is legally valid: If a state government department has an online RTI facility, an application submitted through that prescribed system can be a valid RTI request, subject to the applicable fee and procedural requirements.
No universal requirement for every state department to provide an online portal: The RTI Act permits electronic applications, but this does not necessarily mean that every individual State department must maintain its own online RTI portal. State-specific rules and facilities may differ.
The department must deal with a valid RTI application: Once the application reaches the appropriate State Public Information Officer (SPIO), the request must be processed according to the RTI Act. The normal response period is 30 days from receipt. For information concerning a person's life or liberty, the period is 48 hours.
If there is no online facility: The applicant can generally submit the RTI application through the prescribed offline method, such as post or another officially accepted mode, addressed to the appropriate SPIO/Assistant PIO. The absence of an online portal does not remove the citizen's right to seek information under the RTI Act.
If the department refuses to accept the application: The applicant should preserve evidence of the attempted submission and use an alternative prescribed route, such as submitting it to the appropriate Assistant PIO where available. The RTI Act also provides for transfer where an application is received by a public authority but the information is held by another public authority.
If there is no response within 30 days: Failure to provide a decision within the prescribed period is treated as a deemed refusal under Section 7(2). The applicant can then file a first appeal before the designated First Appellate Authority.
Further appeal: If the first appeal does not resolve the matter, the applicant can generally approach the State Information Commission through a second appeal, subject to the applicable limitation and procedure.
Information may still be exempt: A valid RTI application does not guarantee disclosure of every requested document. Information covered by exemptions under Sections 8 and 9 may lawfully be withheld, but the applicant should be informed of the relevant grounds for rejection.
Conclusion:
An online RTI application is legally recognized under Section 6 of the RTI Act. However, there is an important distinction between the legal validity of electronic applications and whether a particular State department is required to maintain an online filing portal. If no online facility exists, an applicant can use the prescribed offline route. If a valid RTI application is not answered within the statutory period, the applicant can pursue the first appeal and, where necessary, a second appeal before the State Information Commission.
