CIC Ruling: Advocates Cannot File RTI Applications for Clients’ Cases, Law Meant for Citizens Only

CIC Ruling: Advocates Cannot File RTI Applications for Clients’ Cases, Law Meant for Citizens Only

Commission says RTI Act’s purpose is transparency, not legal strategy for pending disputes

Order cites Madras High Court warning against misuse of RTI by practising lawyers

By Our Legal Reporter

January 19, 2026:

In a significant ruling that reshapes the use of India’s transparency law, the Central Information Commission (CIC) has held that advocates cannot file Right to Information (RTI) applications to obtain details for cases they are handling on behalf of clients. The Commission emphasized that the RTI Act, 2005, was enacted to empower citizens to access information directly from public authorities, not to serve as a tool for lawyers to strengthen litigation strategies.

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The order, delivered by Information Commissioner Sudha Rani Relangi, dismissed a second appeal filed by an advocate who sought information regarding a contract dispute involving his client. The CIC cited a Madras High Court judgment which had earlier cautioned that if lawyers were allowed to routinely file RTIs for their clients, “every practising advocate would invoke the provisions of the RTI Act for getting information on behalf of his client,” thereby defeating the law’s core objectives.

Background of the Case

• The case arose from a dispute over the termination of a fruits-and-vegetables supply contract at a Jawahar Navodaya Vidyalaya in Haryana.
• The advocate filed an RTI application seeking information on behalf of his brother, who was the supplier.
• The CIC dismissed the appeal, noting that the supplier himself could have filed the RTI as a citizen.
• The Commission stressed that lawyers cannot act as proxies under the RTI Act.

Key Observations by the CIC

• RTI is citizen-centric: The Act empowers individuals to seek information directly, not through intermediaries.
• Advocates cannot misuse RTI: Lawyers filing RTIs for clients undermines the law’s transparency purpose.
• Madras High Court precedent: Courts have warned against advocates using RTI as a litigation tool.
• Case-specific ruling: The Commission dismissed the appeal, reinforcing that RTI is not a substitute for discovery in legal proceedings.

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Comparison Table

Why This Ruling Matters

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• For citizens: Reinforces their direct right to access information without intermediaries.
• For advocates: Clarifies limits on using RTI as a litigation tool.
• For public authorities: Reduces burden of RTIs filed for ongoing disputes.
• For society: Strengthens the RTI Act’s original purpose of transparency and accountability.

Broader Legal Context

The ruling aligns with earlier judicial interpretations:

• The Madras High Court had cautioned against misuse of RTI by lawyers.
• The Supreme Court has emphasized that RTI is a tool for transparency, not for advancing private disputes.
• The CIC’s order reinforces that RTI is distinct from discovery mechanisms in civil or criminal trials.

Risks & Limitations

• Risk of exclusion: Some citizens may rely on lawyers due to lack of awareness or literacy.
• Judicial caution: Courts must balance preventing misuse with ensuring accessibility for vulnerable groups.
• Trade-off: While protecting the RTI Act’s objectives, the ruling may limit access for those unable to file applications themselves.

Conclusion

The CIC’s ruling is a landmark in the interpretation of the Right to Information Act, 2005. By holding that advocates cannot file RTIs for clients’ cases, the Commission has reinforced the principle that the law is meant to empower citizens directly.

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This judgment ensures that RTI remains a tool for transparency and accountability, not a litigation shortcut. It provides clarity for citizens, lawyers, and public authorities, strengthening the balance between individual rights and the integrity of India’s transparency framework.

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