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

GreenTech Summit claims NCR as key green building hub, without pan-India comparison

By A Representative   The Indian Green Building Council (IGBC), under the Confederation of Indian Industry, held its GreenTech Summit 2026 in New Delhi, where industry representatives, policymakers and sustainability professionals discussed the adoption of climate technologies in India’s built environment.

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".

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Beyond the election manifesto: Why climate is now a kitchen table issue

By Vikas Meshram*  March has long been a month of gentle transition, the period when winter softly retreats and a mild warmth signals nature’s renewal. Yet, in recent years, this dependable rhythm has been disrupted. This year, since the beginning of March, temperatures across vast swathes of the country have shattered previous records, soaring to between 35 and 40 degrees Celsius in some regions. This is not a mere fluctuation in the weather; it is a serious and alarming indicator of climate change .

As India logs historic emissions drop, expert warns govt against 'policy blunders'

By A Representative   In a significant development that underscores the rapid transformation of India's energy landscape, new data reveals the country recorded its largest drop in power sector emissions in 2025. However, a top power sector analyst has urged the Union Government to view this "silver lining" as a stark warning against continuing to invest in new coal, large hydro, and nuclear projects, which he argues could become "redundant" stranded assets.

Jerusalem's Al Aqsa mosque under siege: A test of Muslim solidarity and Palestine’s future

By Syed Ali Mujtaba*  In the cacophony of Israel’s and the United States’ attack on Iran, one piece of news has been buried under the debris of war: Israel has closed the Al Aqsa Mosque in Jerusalem to Palestinian worshippers during the holy month of Ramadan. The closure, announced as indefinite, affects the third most revered mosque in the Islamic world.

Fresh citizenship framework suggested amidst electoral roll concerns

By Kathyayini Chamaraj  The ongoing exercise of Special Intensive Revision (SIR) of electoral rolls has raised serious concerns about the potential disenfranchisement of large numbers of citizens. In many instances, people are being asked to produce retrospective documents to establish their citizenship—documents that many genuine citizens are unable to provide. The challenge before policymakers is to identify prospective amendments to the Citizenship Act that would ensure that no legitimate citizen is excluded either from citizenship or from the electoral roll.

NGO Arunoday’s journey of support and struggle: Standing firm with the distressed

By Bharat Dogra    It was a situation of acute distress. Nearly ten thousand people returning to their villages during the COVID-19 pandemic had gathered at the border of Uttar Pradesh and Madhya Pradesh near Kanha. Exhausted after walking long distances with little or no food, they were desperate for relief. Yet entry could not be granted without completing essential records and complying with pandemic rules.  

How wars are undermining climate promises even as accelerating global warming

By N.S. Venkataraman*     Since 1995, global climate conferences have convened annually, with the 29th Conference of Parties (COP29) held in November 2024. These gatherings attract world leaders and generate extensive media coverage, raising hopes of decisive strategies to address the climate emergency. Yet, despite lofty promises and ambitious targets, the crisis remains unabated.