Definition of Public Authority under RTI Act
Section 2(h) of the RTI Act defines "public authority" as any authority or body established under the Constitution or by law, owned/controlled by government, or substantially financed by government.
Key Test: "Substantial financing" and "deep and pervasive control" are key factors to determine coverage.
Categories of Public Authorities under RTI Act
1. Constitutional Authorities
- Supreme Court of India
- High Courts
- Election Commission of India
- Comptroller and Auditor General (CAG)
- Union Public Service Commission (UPSC)
- State Public Service Commissions
- National Human Rights Commission (NHRC)
- State Human Rights Commissions
- Central/State Information Commissions
2. Government Departments
- All Central Government Ministries and Departments
- All State Government Departments
- District Administration and Sub-divisional offices
- Police department (including crime branches)
3. Local Bodies
- Municipal Corporations, Municipalities, Nagar Panchayats
- Zila Parishads, Panchayat Samitis, Gram Panchayats
- Development Authorities (e.g., DDA, Noida Authority, etc.)
- Metropolitan authorities
4. Public Sector Undertakings (PSUs)
- Central PSUs: ONGC, IOCL, BPCL, NTPC, BHEL, SAIL, etc.
- State PSUs: State Electricity Boards, Road Transport Corporations, etc.
- Banks (RBI, SBI, PSU banks, etc.)
- Insurance companies (LIC, GIC, etc.)
5. Regulatory Bodies
- Securities and Exchange Board of India (SEBI)
- Reserve Bank of India (RBI)
- TRAI (Telecom Regulatory Authority)
- IRDAI (Insurance Regulatory)
- CERC and State Electricity Regulatory Commissions
6. Universities and Educational Institutions
- Central Universities
- State Universities
- IITs, IIMs, NITs, IIITs
- AICTE, UGC, NCERT, CBSE
- Colleges affiliated to government universities
7. Hospitals and Healthcare
- Government hospitals (AIIMS, Safdarjung, etc.)
- State government hospitals and dispensaries
- ESI hospitals and dispensaries
8. NGOs and Private Bodies
Non-Government Organizations that are "substantially financed" by the government are covered under RTI. The Supreme Court in D.A.V. College v. Punjab held that mere grant of land or one-time funding does not make an NGO a public authority. Substantial and recurring funding is required.
Important: The Supreme Court in 2019 held that political parties (INC, BJP, BSP, NCP, CPI, CPM) are public authorities under RTI, but this decision has been stayed.
What is NOT Covered under RTI?
- Completely private organizations with no government funding
- Political parties (current status - pending final decision)
- Private schools and hospitals (unless receiving substantial government grants)
- Individual citizens (not acting as public authority)
Exempted Organizations (Section 24)
Section 24 lists intelligence and security organizations exempted from RTI, including:
- Intelligence Bureau (IB)
- Research and Analysis Wing (RAW)
- Directorate of Revenue Intelligence (DRI)
- Central Bureau of Investigation (CBI)
- National Technical Research Organisation (NTRO)
- Border Security Force (BSF), CRPF, ITBP, CISF, NSG, etc.
- Other listed intelligence agencies
Note: Exemption applies only to intelligence/security matters, not to corruption or human rights violation allegations.
How to Find the Correct Public Authority
- Identify the department that holds the information
- Check government website for PIO contact details
- If unsure, file RTI with "Central Public Information Officer" of the ministry
- PIO will transfer to correct authority if needed (takes additional 5 days)