Public authority (RTI)
Also called: Section 2(h) of the RTI Act · Topic: Transparency, Accountability and e-Governance · NCERT: Beyond NCERT
Meaning
A public authority is any body that must answer requests under the RTI Act 2005. Section 2(h) defines it as a body set up by the Constitution, a law or a government notification, or one that the government owns, controls or substantially finances. NGOs that get substantial government funding are also covered. Whether a body is a "public authority" decides whether citizens can use RTI against it at all.
Example
Thalappalam (2013) set the test for when a body is "substantially financed". DAV College Trust (2019) held that NGOs with substantial government funding are covered. In 2013 the CIC also held six national political parties to be public authorities, but the parties did not comply.
Don't confuse with
- Organisations excluded from RTI (s.24, Second Schedule): bodies such as the IB, R&AW and CBI are public bodies but are mostly exempt from RTI. They must still give information on corruption and human-rights violations.
Related concepts
- Right to Information Act 2005
- Public Information Officer
- Proactive disclosure
- Jan Soochna Portal
- RTI appeals
- Right to Information (Amendment) Act 2019