Are private companies covered under the RTI Act?

Law4u App Download
Answer By law4u team

No, private companies are not directly covered under the RTI Act, 2005. The Right to Information (RTI) Act applies mainly to public authorities, which are defined as bodies established or owned, controlled, or substantially financed by the government. However, here’s a detailed explanation: 1. What the RTI Act covers: The RTI Act applies to: Central and state government departments Public sector undertakings (PSUs) Constitutional bodies like the Supreme Court, Election Commission, etc. Bodies substantially financed by government funds (even if not fully government-owned) 2. Are private companies directly accountable under RTI? No. Private companies are not directly accountable under the RTI Act because they are not public authorities. A citizen cannot file an RTI request directly to a private company seeking information about its internal affairs. 3. Indirect applicability via regulatory bodies: Although private companies are not covered directly, information related to them can be accessed indirectly if that information is held by a public authority. For example: If a private company is regulated by SEBI, RBI, or any other public authority, one can file an RTI with that public authority to obtain information about the company that is held by the regulator. If a private company has received significant government funding or subsidies, or is engaged in a public-private partnership (PPP), its relevant documents may be available with the concerned government department. 4. Court rulings on indirect access: Indian courts have clarified that while private companies are not public authorities, if they perform public functions or receive substantial public funding, they may come under scrutiny through public authorities that oversee them. Conclusion: Private companies cannot be accessed directly under the RTI Act, 2005. However, information about them can be obtained indirectly through public authorities that regulate, finance, or work with them. This maintains transparency in areas where private entities interact with public institutions.

R.T.I Related Questions

Discover clear and detailed answers to common questions about R.T.I. Learn about procedures and more in straightforward language.