Skip to main content

Central, state ministers are public authority under RTI, must "voluntarily disclose" information

Sridhar Acharyulu
By A Representative
In an important verdict, the Central Information Commission (CIC) has ruled that both Central and state ministers are a public authority under the Right to Information (RTI) Act, pointing out, “It is pitiful that a citizen has to file a RTI request to know the timings and process of meeting their chosen minister, which should have been ordinarily provided on their own.”
The ruling, which is likely to have implications, said, the Commission is of the opinion that there is “no reason” why Ministers should be kept beyond the purview of the RTI Act, “as their answerability is well established by the Constitution and Representation of People Act.”
The ruling said, “The expression ‘authority’ would include all persons or bodies that have been conferred a power to perform the functions entrusted to them under the constitution and merely because the Ministers are individuals, the same would not render the office of the Cabinet Minister any less authoritative than other constitutional functionaries.”
Given by Central Information Commission Prof Sridhar Acharyulu on March 12, 2016, the ruling said, “Ministers in Union and State Governments are public authorities”, recommending, “The Centre and States provide necessary support to each Minister, which includes designation of some officers or their appointment as Public Information Officers (PIOs) and First Appellate Authorities (FAAs).”
Insisting that ministers should provide “suo motu disclosure of information”, the ruling said, the appointment of a PIO should be made within two months, adding, “It will be in fitness of democratic requirements that every minister makes it a regular practice once or twice or thrice in a week or month at any frequency of his choice, that he/she will be made available for meeting the people in a scheduled hour.”
“It is the democratic right of voters to meet him and also it’s his duty to meet voters which will go a long way in achieving the objectives of good governance through transparency as envisaged by the RTI Act”, the ruling said.
The ruling came in response to appellant Hemant Dhage, who, through his RTI application, addressed the Additional Private Secretary of the Minister of Law and Justice, had sought to know the time scheduled for common people to meet the Cabinet Minister and Minister of State in the Mantralay (Secretariat).
The applicant was informed by the PIO of Ministry of Law and Justice that no specific time was given for general public to meet the Minister. However, as and when requests are received, appointments are given subject to the convenience of the Minister, he was told.
Referring to various articles of the Constitution, Prof Sridhar observed that “both commonsense and Constitution suggests Minister is an authority constituted ‘by and under the Constitution’,” noting, the Minister’s salaries are determined by the Salary, Allowances and Pension of Members of Parliament Act, 1954.
The ruling said, “Each member of Council of Ministers both at State level and Union is provided with the office, sufficient staff and other resources and infrastructure. Some senior scale civil servants also serve them.”
It added, “Entire expenditure of provision and maintenance of the office along with salaries to the staff members is borne by the Government and paid from the tax-payers money. Thus state Minister is ‘public authority’ as per Section (h) (a) of RTI Act, 2005,” the Commission observed.

Comments

TRENDING

Academics urge Azim Premji University to drop FIR against Student Reading Circle

  By A Representative   A group of academics and civil society members has issued an open letter to the leadership of Azim Premji University expressing concern over the filing of a police complaint that led to an FIR against a student-run reading circle following a recent incident of violence on campus. The signatories state that they hold the university in high regard for its commitment to constitutional values, critical inquiry and ethical public engagement, and argue that it is precisely because of this reputation that the present development is troubling.

'Policy long overdue': Coalition of 29 experts tells JP Nadda to act on SC warning label order

By A Representative   In a significant development for public health, the Supreme Court of India has directed the Food Safety and Standards Authority of India (FSSAI) to seriously consider implementing mandatory front-of-pack warning labels on pre-packaged food products. The order, passed by a bench of Justices J.B. Pardiwala and K.V. Viswanathan on February 10, 2026, comes as the Court expressed dissatisfaction with the regulatory body's progress on the issue.

When tourism meets tribal law: The Vanajangi dispute in Andhra Pradesh

By Palla Trinadha Rao   A writ petition presently before the High Court of Andhra Pradesh has brought into focus an increasingly important question in the governance of tribal regions: can eco-tourism projects in Scheduled Areas be implemented without the consent of the Gram Sabha? The case concerns the establishment of a Community Based Eco-Tourism centre at Vanajangi village in Paderu Mandal of Alluri Sitarama Raju District, a region located within the Scheduled Areas of Andhra Pradesh. 

UAPA action against Telangana activist: Criminalising legitimate democratic activity?

By A Representative   The National Investigation Agency's Hyderabad branch has issued notices to more than ten individuals in Telangana in connection with FIR No. RC-04/2025. Those served include activists, former student leaders, civil rights advocates, poets, writers, retired schoolteachers, and local leaders associated with the Communist Party of India (CPI) and the Indian National Congress. 

Vaccination vs screening: Policy questions raised on cervical cancer strategy

By A Representative   A public policy expert has written to Union Health Minister J. P. Nadda raising a series of concerns regarding the national Human Papillomavirus (HPV) vaccination campaign launched on February 28 for 14-year-old girls.

The new anti-national certificate: If Arundhati Roy is the benchmark, count me in

By Dr. Mansee Bal Bhargava*   Dear MANIT Alumni Network Committee, “Are you anti-national?” I encountered this fascinating—some may say intimidating—question from an elderly woman I barely know, an alumna of Maulana Azad College of Technology (MACT, now Maulana Azad National Institute of Technology - MANIT), Bhopal, and apparently one of the founders of the MACT (now MANIT) Alumni Network. The authority with which she posed the question was striking. “How much anti-national are you? What have you done for the Alumni Network Committee to identify you as anti-national?” When I asked what “anti-national” meant to her and who was busy certifying me as such, the response came in counter-questions.

The ultimate all-time ODI XI: A personal selection of icons across eras

By Harsh Thakor* This is my all-time best XI chosen for ODI (One Day International) cricket:  1. Adam Gilchrist (W) – The absolute master blaster who could create the impact of exploding gunpowder with his electrifying strokeplay. No batsman was more intimidating in his era. Often his knocks decided the fate of games as though the result were premeditated. He escalated batting strike rates to surreal realms.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Minority concerns mount: RTI reveals govt funded Delhi religious meet in December

By Syed Ali Mujtaba*  Indian Muslims have expressed deep concern over what they describe as rising hate speech and hostility against their community under the BJP-led government in India. A recent flashpoint was the event organised by Sanatan Sanstha titled “Sanatan Rashtra Shankhnad Mahotsav” in New Delhi on 13–14 December 2025.