UPSC » Governance Notes » Bodies Covered Under the RTI Act

Bodies Covered Under the RTI Act

Type of Bodies Covered Under the Act (Public Authorities):

  • All constitutional powers, including the executive, legislative, and judicial departments, as well as any organisation or institution founded or established by an act of Parliament or a state legislature, are included.
  • According to the Act, bodies or authorities established or constituted by order or notification of appropriate government and including bodies that are “owned, controlled or substantially financed” by the government are covered.
  • Non-Government Organisations (NGOs), which are “substantially financed, directly or indirectly by funds” provided by the government, are also covered in the Act.

Are private bodies Included: 

  • Private bodies and entities are not directly within the ambit of the RTI Act.
  • The CIC (Central Information Commission) has also maintained that RTI does not apply to privatised public utility firms in Sarabjit Roy versus Delhi Electricity Regulatory Commission.

Bodies that are excluded by the Act:

  • The Central Intelligence and Security agencies listed in the Act’s Second Schedule include the Intelligence Bureau (IB), Directorate General of Incometax (Investigation), Central Bureau of Investigation (CBI), Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Directorate of Enforcement, Narcotics Control Bureau, RAW, Aviation Research Centre, Special Frontier Force, and others.
  • However, the above exclusion is not absolute, and the Act requires even these organisations to report suspicions of corruption or human rights violations.
  • Furthermore, information about human rights complaints could only be shared with the Central or State Information Commissions.

Political Parties and RTI: 

  • There has been non-compliance of political parties to the Central Information Commission’s order in 2013 and then in March 2015.
  • In 2013, the CIC declared all national and regional political parties to be public organisations under Section 2 (h) of the RTI.
  • In March 2015, it had reiterated the order as “final and binding.”
  • According to the CIC, the Political Parties enjoy ‘substantial public funding’ like subsidised tax-free land allotment to these parties, free air-time on official media, government accommodation, Income Tax exemptions etc.
  • Furthermore, the nature of the functions performed by Political Parties alludes to their public nature.

Reasons Given by Political Parties for not falling under the RTI:

  • Political parties are not founded or constituted by the Constitution or any other law passed by Parliament.
  • There are already relevant provisions in the Income Tax Act, 1961, and Representation of the People Act, 1951, which provide for “necessary transparency regarding political parties’ financial aspects.”
  • The RP Act of 1951 distinguishes between forming a government organisation and registering a political party.
  • Information regarding the political parties is already in the public domain on the website of the Election Commission.
  • Confidential information related to the internal meetings of a political party in which discussion of party strategy or suitability of candidates for ticket distribution is discussed cannot be made public.

Counter-Arguments: 

  • The objection of Political Parties against not coming under the purview of the Act does not stand the test of reasoning. The RTI Act provides for various exceptions under Section 8 (4). Using such exceptions, Political Parties can keep information related to internal meetings of political parties and other such matters out of the public domain.
  • In contrast, if Political parties are brought under the Act, it will help deal with non transparent political funding, criminalisation of politics etc.