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

The golden crop: How turmeric is transforming women's lives in tribal India

By Vikas Meshram*   When the lush green fields of turmeric sway in the tribal belt of southern Rajasthan, Madhya Pradesh, and Gujarat, it is not merely a spice crop — it is the golden glow of self-reliance. In villages where even basic spices once had to be bought from the market, the very soil today is yielding a prosperity that has transformed the lives of thousands of families. At the heart of this transformation is the initiative of Vaagdhara, which has linked turmeric with livelihoods, nutrition, and village self-governance — gram swaraj.

Love letters in a lifelong war: Babusha Kohli’s resistance in verse

By Ravi Ranjan*  “War does not determine who is right—only who is left.” Bertrand Russell’s words echo hauntingly in our times, and few contemporary Hindi poets embody this truth as profoundly as Babusha Kohli. Emerging from Jabalpur, Madhya Pradesh, Kohli has carved a unique space in literature by weaving together tenderness, protest, and philosophy across poetry, prose, and cinema. Her work is not merely artistic expression—it is resistance, refuge, and a call for peace.

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.

Authoritarian destruction of the public sphere in Ecuador: Trumpism in action?

By Pilar Troya Fernández  The situation in Ecuador under Daniel Noboa's government is one of authoritarianism advancing on several fronts simultaneously to consolidate neoliberalism and total submission to the US international agenda. These are not isolated measures, but rather a coordinated strategy that combines job insecurity, the dismantling of the welfare state, unrestricted access to mining, the continuation of oil exploitation without environmental considerations, the centralization of power through the financial suffocation of local governments, and the systematic criminalization of all forms of opposition and popular organization.

Echoes of Vietnam and Chile: The devastating cost of the I-A Axis in Iran

​ By Ram Puniyani  ​The recent joint military actions by Israel and the United States against Iran have been devastating. Like all wars, this conflict is brutal to its core, leaving a trail of human suffering in its wake. The stated pretext for this aggression—the brutality of the Ayatollah Khamenei regime and its nuclear ambitions—clashes sharply with the reality of the diplomatic landscape. Iran had expressed a willingness to remain at the negotiating table, signaling a readiness to concede points emerging from dialogue. 

Was Netaji forced to alter face, die in obscurity in USSR in 1975? Was he so meek?

  By Rajiv Shah   This should sound almost hilarious. Not only did Subhas Chandra Bose not die in a plane crash in Taipei, nor was he the mysterious Gumnami Baba who reportedly passed away on 16 September 1985 in Ayodhya, but we are now told that he actually died in 1975—date unknown—“in oblivion” somewhere in the former Soviet Union. Which city? Moscow? No one seems to know.

The price of silence: Why Modi won’t follow Shastri, appeal for sacrifice

By Arundhati Dhuru, Sandeep Pandey*  ​In 1965, as India grappled with war and a crippling food crisis, Prime Minister Lal Bahadur Shastri faced a United States that used wheat shipments under the PL-480 agreement as a lever to dictate Indian foreign policy. Shastri’s response remains legendary: he appealed to the nation to skip one meal a day. Millions of middle-class households complied, choosing temporary hunger over the sacrifice of national dignity. Today, India faces a modern equivalent in the energy sector, yet the leadership’s response stands in stark contrast to that era of self-reliance.

False claim? What Venezuela is witnessing is not surrender but a tactical retreat

By Manolo De Los Santos  The early morning hours of January 3, 2026, marked an inflection point in Venezuela and Latin America’s centuries-long struggle for self-determination and independence. Operation Absolute Resolve, ordered by the Trump administration, constituted the most brutal and direct military assault on a sovereign state in the region in recent memory. In a shocking operation that left hundreds dead, President Nicolás Maduro and First Lady Cilia Flores were illegally kidnapped from Venezuelan soil and transported to the United States, where they now face fabricated charges in a New York federal detention facility. In the two months since this act of war, a torrent of speculation has emerged from so-called experts and pundits across the political spectrum. This has followed three main lines: One . The operation’s success indicated treason at the highest levels of the Bolivarian Revolution. Two . Acting President Delcy Rodríguez and the remaining leadership have abandone...

Gujarat government urged to introduce heat-stress safety rules for construction workers

By A Representative   A representation submitted to Gujarat Labour, Skill Development and Employment Minister Kunvarji Bavaliya has urged the state government to introduce legally enforceable safety standards to protect construction workers from extreme heat and heatwaves, and to launch a financial assistance scheme for labourers affected by climate-related health risks.