Public Authorities under the RTI Act

The Right to Information Act, 2005 applies to information held by or under the control of public authorities. Therefore, determining whether an organisation is a “public authority” is fundamental to understanding the scope of the RTI Act.

Section 2(h) of the Act gives a broad definition of public authority. It covers constitutional bodies, statutory bodies, government-created institutions, government-owned or controlled bodies and certain non-government organisations that are substantially financed, directly or indirectly, by government funds.

The objective is to ensure that bodies exercising public functions or substantially dependent upon public resources remain subject to appropriate transparency requirements.

Meaning of Public Authority

Under Section 2(h) of the RTI Act, “public authority” means any authority or body or institution of self-government established or constituted:

1. By or under the Constitution;
2. By any other law made by Parliament;
3. By any other law made by a State Legislature;
4. By notification issued or order made by the appropriate Government;

and includes:

5. Any body owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government;
6. Any non-government organisation substantially financed, directly or indirectly, by funds provided by the appropriate Government.

Thus, the definition contains both government-created authorities and certain government-funded bodies.

Constitutional Bodies

Bodies established directly under the Constitution fall within the definition of public authority.

Examples include constitutional institutions such as:

• Election Commission of India.
• Union Public Service Commission.
• Comptroller and Auditor General of India.
• Finance Commission when constituted.
• State Public Service Commissions.
• Other authorities established under constitutional provisions.

Information held by such bodies is therefore subject to the RTI framework, subject to applicable exemptions.

Bodies Established by Parliament

A body created by a law enacted by Parliament is covered by Section 2(h).

Examples may include statutory bodies such as:

• University Grants Commission.
• National Human Rights Commission.
• Central Information Commission.
• Central Vigilance Commission.
• Certain statutory regulatory authorities.

The precise scope of information available remains subject to the RTI Act and its exemptions.

Bodies Established by State Legislatures

Bodies created by legislation enacted by a State Legislature can also constitute public authorities.

Examples may include:

• State statutory commissions.
• State universities established by legislation.
• State regulatory bodies.
• State information commissions.
• Other statutory authorities created under State laws.

Authorities Created by Government Notification or Order

The definition also covers authorities or bodies established through a notification issued or order made by the appropriate Government.

Therefore, an organisation need not always be established by a separate Act of Parliament or State Legislature to fall within Section 2(h).

The relevant notification or order and the circumstances of creation have to be examined.

Government-Owned Bodies

A body may qualify as a public authority where it is owned by the appropriate Government.

Government ownership is therefore one of the express statutory bases for inclusion within Section 2(h).

This can include government-owned corporations, companies or other entities where the relevant statutory requirements are satisfied.

Government-Controlled Bodies

A body may also be a public authority where it is controlled by the appropriate Government.

Control must be examined in light of the nature and extent of governmental control.

The mere existence of some governmental regulation does not necessarily mean that an organisation is “controlled” by government for the purposes of Section 2(h).

The question is whether the nature and degree of control satisfy the statutory requirement.

Substantially Financed Bodies

Section 2(h) also covers bodies that are substantially financed, directly or indirectly, by government funds.

This is particularly important because an organisation need not be completely government-owned to come within the RTI framework.

The term “substantially financed” is not defined by a fixed percentage in the RTI Act.

The question has therefore been considered by the Supreme Court in several cases.

Substantial financing must be determined by examining the facts, including the nature and extent of government financial assistance.

Non-Government Organisations

A non-government organisation (NGO) may also be a public authority if it is substantially financed, directly or indirectly, by government funds.

This is an important feature of Section 2(h).

The fact that an organisation is privately established does not automatically exclude it from the RTI Act.

Conversely, the fact that an organisation performs some activity of public importance does not automatically make it a public authority.

The statutory conditions must be satisfied.

Direct and Indirect Government Financing

Section 2(h) covers financing provided:

• Directly by government; or
• Indirectly by government.

Therefore, the source and structure of financial assistance may need to be examined rather than merely looking at whether money was received directly from a government department.

Meaning of “Substantially Financed”

The expression “substantially financed” does not necessarily mean that government must provide the entire expenditure of the organisation.

The Supreme Court has considered the expression in cases concerning educational institutions and other bodies.

The assessment may involve factors such as:

• Amount of government funding.
• Proportion of government funding.
• Nature of the institution.
• Extent of financial dependence.
• Nature and purpose of the funding.
• Whether government assistance is recurring or significant.
• The overall circumstances of the organisation.

There is therefore no universal numerical formula applicable to every case.

Public Authority Does Not Mean Every Public-Function Body

An important distinction must be maintained between a body performing a public function and a body falling within the statutory definition of public authority under Section 2(h).

An organisation may perform activities having public importance without automatically becoming a public authority.

The statutory definition must be applied to the organisation’s legal status, ownership, control and financing.

Private Bodies and the RTI Act

A purely private body is not automatically subject to the RTI Act merely because it performs an activity that affects the public.

However, Section 2(h) may bring a non-government organisation within the definition where it is substantially financed, directly or indirectly, by appropriate government funds.

In addition, Section 2(f) allows access to information relating to a private body where that information can be accessed by a public authority under another law.

These are separate concepts and should not be confused.

Public Authorities and Private Universities

Private educational institutions require a fact-specific analysis.

A private institution does not become a public authority merely because it provides education.

However, where the statutory requirements concerning government ownership, control or substantial financing are satisfied, it may fall within Section 2(h).

The Supreme Court’s decisions concerning educational institutions have been important in interpreting the concept of substantial financing.

Public Authorities and Cooperative Societies

Cooperative societies have also been considered in the context of Section 2(h).

In Thalappalam Service Cooperative Bank Ltd. v. State of Kerala (2013), the Supreme Court examined whether cooperative societies could be treated as public authorities under the RTI Act.

The Court emphasised that the statutory requirements of ownership, control or substantial financing must be satisfied. Mere regulatory supervision by government does not automatically establish that a cooperative society is a public authority.

Public Authorities and Educational Institutions

Educational institutions have generated important questions concerning government funding and control.

In D.A.V. College Trust and Management Society v. Director of Public Instructions (2019), the Supreme Court considered whether educational institutions substantially financed by government could fall within Section 2(h).

The Court’s interpretation emphasised that the question of substantial financing must be determined with reference to the statutory framework and factual circumstances.

Public Authorities and Government Companies

A government company or corporation may fall within Section 2(h) where the statutory conditions concerning government ownership or control are satisfied.

The relevant question is not simply whether the entity has a separate corporate personality.

An incorporated entity can still fall within the RTI Act where it satisfies the definition of public authority.

Public Authorities and Public Sector Undertakings

Public sector undertakings may fall within the RTI framework where they satisfy the requirements of Section 2(h), particularly through government ownership or control.

The corporate form of an organisation does not by itself prevent it from being a public authority.

Public Authorities and Statutory Corporations

Statutory corporations established by legislation are generally within the scope of Section 2(h) because they are bodies established by law.

Their records and information remain subject to the exemptions and other provisions of the RTI Act.

Who is the “Appropriate Government”?

Section 2(h) refers to the appropriate Government.

Broadly, the Central Government is relevant for Central Government bodies, while the State Government is relevant for bodies established or controlled at the State level, subject to the statutory scheme.

Determining the appropriate Government is relevant for applying the provisions concerning government ownership, control and financing.

Public Authority and Public Information Officer

Once an organisation qualifies as a public authority, the RTI Act imposes various statutory obligations upon it.

One important requirement is the designation of Public Information Officers (PIOs).

The PIO is responsible for processing applications for information in accordance with the Act.

A public authority must therefore establish the institutional arrangements necessary for dealing with RTI requests.

Duties of Public Authorities

Public authorities have several obligations under the RTI Act.

Maintenance of Records

Records should be maintained and managed in a manner that facilitates the right to information.

Proactive Disclosure

Section 4 requires public authorities to proactively publish specified categories of information.

Appointment of PIOs

Public authorities must designate Public Information Officers as required by the Act.

Assistance to Applicants

The statutory framework requires appropriate assistance in processing RTI requests, particularly in circumstances recognised by the Act.

Timely Response

Information requests must be dealt with within the prescribed statutory time limits.

Public Authority and Proactive Disclosure

Section 4 is particularly important because transparency should not depend entirely upon individual RTI applications.

Public authorities are required to proactively disclose information concerning matters such as:

• Organisation and functions.
• Powers and duties.
• Decision-making procedures.
• Rules and regulations.
• Norms for discharge of functions.
• Budget allocations.
• Subsidies.
• Recipients of concessions.
• Relevant categories of records.
• Facilities available to citizens.

This makes proactive disclosure an important part of administrative transparency.

Information Held by a Public Authority

The RTI Act generally concerns information that is held by or under the control of the public authority.

The statutory definition of information is broad and can include:

• Documents.
• Records.
• Orders.
• Reports.
• Contracts.
• E-mails.
• Circulars.
• Electronic data.
• Samples.
• Other material covered by Section 2(f).

However, the RTI Act does not ordinarily require a PIO to create information that does not exist merely to answer an applicant’s question.

Public Authority and Exempt Information

Being a public authority does not mean that all information held by it must be disclosed.

The RTI Act contains exemptions relating to specified interests, including:

• National security.
• Sovereignty and integrity.
• Court-prohibited information.
• Legislative privilege.
• Commercial confidence.
• Fiduciary information.
• Certain investigative information.
• Cabinet papers subject to the statutory framework.
• Personal information under the applicable law.

Therefore:

Public authority status → Information falls within RTI framework → Disclosure subject to statutory exemptions.

Important Cases

Thalappalam Service Cooperative Bank Ltd. v. State of Kerala (2013)

The Supreme Court examined whether cooperative societies were public authorities under Section 2(h). The Court emphasised that mere regulatory supervision does not automatically satisfy the statutory requirements of government ownership, control or substantial financing.

D.A.V. College Trust and Management Society v. Director of Public Instructions (2019)

The Supreme Court considered the application of Section 2(h) to educational institutions and examined the concept of substantial financing. The case is important for understanding when non-government educational institutions can fall within the RTI framework.

CBSE v. Aditya Bandopadhyay (2011)

The Supreme Court examined the scope of “information” under the RTI Act and clarified that the Act concerns information available to or held by the public authority. It also considered the relationship between RTI and examination-related records.

Chief Information Commissioner v. State of Manipur (2011)

The Supreme Court considered the statutory distinction between the complaint and appeal mechanisms under the RTI Act and the powers available to Information Commissions.

Public Authority vs Government Department

Basis	Government Department	Public Authority
Meaning	Organ of government administration	Statutory category under Section 2(h)
Legal basis	Governmental structure	Section 2(h), RTI Act
Ownership	Government	May or may not involve government ownership
Control	Government	Government control may be one basis
Financing	Government	Substantial government financing may be sufficient in applicable cases
RTI status	Generally covered	Covered when statutory definition is satisfied

The term public authority is broader than government department because Section 2(h) also covers certain statutory bodies, government-controlled entities and substantially financed non-government organisations.

Public Authority vs Public Function

Public Authority	Public Function
Defined by Section 2(h)	Describes the nature of an activity
Has a statutory RTI meaning	Does not automatically determine RTI status
Depends on ownership, control, financing or legal creation	May be performed by government or private bodies
Determines direct applicability of RTI framework	Relevant but not by itself decisive

This distinction is important because performing a public function alone does not automatically make an organisation a public authority under the RTI Act.

Importance of the Definition

The definition of public authority is important because it determines the institutional reach of the RTI Act.

A narrow definition would limit transparency to traditional government departments.

The broader Section 2(h) framework allows the RTI regime, where its conditions are satisfied, to extend to organisations that:

• Are established by law.
• Are owned by government.
• Are controlled by government.
• Receive substantial government financing.

This reflects the broader objective of making public administration and publicly supported institutions more accountable.

Key Points for Examination

• Section 2(h) of the RTI Act defines “public authority”.
• It includes authorities or bodies established or constituted by the Constitution.
• It includes bodies established by laws made by Parliament or State Legislatures.
• It includes bodies established by government notification or order.
• It includes bodies owned, controlled or substantially financed by appropriate government.
• It also includes certain non-government organisations substantially financed by government funds.
• Government financing may be direct or indirect.
• “Substantially financed” does not have a fixed universal percentage under the Act.
• Mere government regulation does not automatically make an organisation a public authority.
• A body performing a public function does not automatically become a public authority.
• Once covered, the organisation must comply with applicable RTI obligations.
• Public authority status does not mean that every piece of information must be disclosed; statutory exemptions continue to apply.
• Thalappalam Service Cooperative Bank Ltd. v. State of Kerala (2013) and D.A.V. College Trust and Management Society v. Director of Public Instructions (2019) are important cases.

Conclusion

The concept of public authority under the RTI Act determines the institutional scope of the right to information. Section 2(h) deliberately extends beyond conventional government departments to include constitutional bodies, statutory bodies, government-owned or controlled entities and certain substantially government-financed organisations.

At the same time, the definition is not unlimited. Government regulation, public importance or performance of a public function alone does not automatically establish public-authority status. The statutory requirements concerning establishment, ownership, control or substantial financing must be examined.

The broad but structured definition of public authority helps ensure that organisations exercising or substantially supported by public power and resources remain subject to an appropriate framework of transparency and administrative accountability.