Consider the following statements: RTI Act, 2005 is not applicable t

Consider the following statements:
RTI Act, 2005 is not applicable to

1. all non-Government organisations substantially financed by political parties.
2. all bodies owned, controlled or substantially financed by the appropriate Government.

Which of the above statements is/are correct?

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither I nor 2″ correct=”option1″]

This question was previously asked in

UPSC Combined Section Officer – 2024

The correct answer is A) 1 only.

Statement 1: The RTI Act, 2005 applies to ‘public authorities’. Section 2(h) defines public authority. While it includes non-government organisations *substantially financed* by the appropriate Government, it does *not* include non-Government organisations substantially financed by political parties. Therefore, the RTI Act is generally *not* applicable to all non-Government organisations substantially financed by political parties. Statement 1 is correct.
Statement 2: Section 2(h)(d)(i) includes any body owned, controlled or substantially financed, directly or indirectly, by funds provided by the appropriate Government within the definition of ‘public authority’. Therefore, the RTI Act *is* applicable to such bodies. Statement 2, which says the Act is *not* applicable, is incorrect.

The definition of ‘public authority’ is crucial in determining the scope of the RTI Act. While bodies substantially financed by the government are covered, private bodies or NGOs primarily funded by sources other than the government (like political parties, private donations etc.) are typically outside the direct purview of the Act, unless they fall under another category (e.g., established by law, performing a public function etc., though the latter has been subject to judicial interpretation).

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