'Public authority' (s. 2(h)) and 'competent authority' (s. 2(e)) — Right to Information (RTI) Notes

‘Public authority’ (s. 2(h)) and ‘competent authority’ (s. 2(e))

Is a cricket association a “public authority”? A co-operative bank? A multinational IT company? These are not idle questions — they are the six problems on this topic, and they all turn on a single test the Supreme Court laid down in Thalappalam: not the label of the body, but whether the government substantially finances or controls it.

The four limbs of ‘public authority’

Only a “public authority” is bound by the Act, so this definition draws the outer boundary of RTI. Section 2(h) covers any authority, body or institution of self-government established or constituted by one of four routes, plus two “includes” clauses:

A. By or under the Constitution

E.g. the Election Commission, the Comptroller and Auditor General, the judiciary.

B. By a law made by Parliament

E.g. the University Grants Commission, the LIC, statutory corporations.

C. By a law made by a State Legislature

E.g. a State university, a State board.

D. By notification or order of the appropriate Government

Bodies set up by an executive order.

And it includes two further categories:

a body owned, controlled or substantially financed, directly or indirectly, by government funds; and
a non-Government organisation (NGO) substantially financed, directly or indirectly, by government funds.

The battleground is the phrase “substantially financed or controlled”. In Thalappalam Service Coop. Bank v. State of Kerala (2013), the Supreme Court held that a co-operative society is not automatically a public authority merely because it is registered under a statute and regulated by a Registrar. Registration and mere regulation are not enough; there must be substantial government financing or deep, pervasive government control. “Substantial” means a large, dominant share of funding — not an occasional grant.

So the test for every problem is a three-step one:

Is the body established by/under the Constitution or a statute? If yes, it is a public authority — stop.
If not, is it owned, controlled or substantially financed by government? If yes, public authority.
Mere registration or regulation under a law (a society, a company under company law) is not substantial financing or control — so it is not a public authority.

‘Competent authority’ — s. 2(e)

Do not confuse this with public authority. A competent authority (s. 2(e)) is the person who makes the rules for particular institutions — the Speaker of the Lok Sabha/Assembly and Chairman of the Rajya Sabha/Council for the legislatures, the Chief Justice of India for the Supreme Court, the Chief Justice of a High Court for that High Court, the President or Governor for other authorities, and the Administrator for a Union Territory. It is a rule-making authority, not a body you file an RTI against.

Section 2(h), RTI Act, 2005: “‘public authority’ means any authority or body or institution of self-government established or constituted — (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any — (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.”

In Simple Terms: A public authority is a body created by the Constitution or a law, or one that the government substantially funds or controls. The name of the body — society, company, association — does not decide it; the money and control do. A competent authority is a different thing: the rule-maker for a legislature, court or government under s. 2(e).

⚠️ DON’T CONFUSE — ‘public authority’ (s. 2(h)) vs ‘competent authority’ (s. 2(e))

A public authority is the body you file an RTI request against (and which must appoint PIOs). A competent authority is the high functionary (Speaker, CJI, President/Governor) who makes the rules under s. 28. Answering a “public authority” question with the s. 2(e) list is a straight loss of marks.

🧩 WORKED EXAMPLE — the co-operative society / cricket association problem

Facts. A applies to a housing co-operative society (or the Karnataka State Cricket Association) for records; the body refuses, saying it is a registered society, not a public authority.

Rule. s. 2(h) + Thalappalam (2013): registration/regulation is not enough; there must be substantial government financing or deep control.

Apply. Decoy: “a registered society is private.” The correct test is the money and control, not the label. If the society is substantially financed by government or the government controls its affairs, it is a public authority; if it is merely registered and regulated (like an ordinary co-operative or IFFCO, a multi-state co-op registered under a Central Act), it is not. A cricket association exercising a State-conferred monopoly over the sport may still qualify on the “control/public function” limb.

Conclusion. Decide on the facts of financing/control — never on the label. State the test, apply it, give a verdict.

flowchart TD
    A{"Is the body a 'public authority'?"}
    A -->|"Established by/under Constitution or a statute"| B["YES — public authority"]
    A -->|"Substantially financed OR controlled by govt"| B
    A -->|"Only registered/regulated (society, company)"| C["NO — not a public authority (Thalappalam)"]
    classDef box fill:#e8f0fe,stroke:#333,color:#111;
    class B,C box;
    classDef q fill:#FFF3CD,stroke:#8a6d00,color:#111;
    class A q;

Case Laws

Thalappalam Service Coop. Bank v. State of Kerala (2013) — a co-operative society is not a public authority merely by registration/regulation; there must be substantial financing or pervasive control.
RBI v. Jayantilal Mistry (2016) — the RBI is a public authority and cannot shield bank inspection reports; regulator and regulated share no fiduciary relationship where public interest demands disclosure.
D.A.V. College Trust & Management Society v. DAV College Managing Committee (2019) — “substantially financed” explained; an NGO can be a public authority if largely government-funded.

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