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Can an RTI application be made on private authority who is running or under public works/ services?


RTI has been introduced to ensure transparency. Thus, its scope has not been limited to public authority alone.


The term information[1] as defined in Section 2(f) of the RTI Act includes information relating to any private body which can be accessed by a public authority under any other law for the time being in force.


The term public authority[2] includes any:

- Body owned, controlled or substantially financed;

- Non-government organisation substantially financed,

Directly or indirectly by funds provided by the appropriate government.


The term appropriate government[3] means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly—

i. By the Central Government

ii. By the State Government


Section 8 of the Act deals with the circumstances under which the disclosure of information maybe exempted. One such circumstance is when it involves invasion of privacy.

However, if an information can be extracted* from a private body if larger public interest is satisfied.

*the information that can be extracted is something which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

Thus, it can be concluded that the scope of RTI application extends to a private authority who is running or under public works or services.


[1] Section 2(f) of The Right To Information Act, 2005. [2] Section 2(h) of The Right To Information Act, 2005. [3] Section 2(a) of The Right To Information Act, 2005.

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For the INQUISITIVE CLASS

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