Who Can You File an RTI Against? Section 2(h) Explained

Before you file an RTI application, you need to answer one question: can you actually file it against this body?

The RTI Act, 2005 does not apply to everyone. It applies to public authorities — and the definition of that term is narrower than it sounds. File an RTI against a body that is not a public authority, and you will either get no response or a flat rejection. Understanding Section 2(h) saves you time and frustration.

The Statutory Definition: What Section 2(h) Actually Says

Section 2(h) of the RTI Act defines "public authority" as any authority, body, or institution of self-government established or constituted by:

1. The Constitution of India — bodies created by constitutional provisions themselves
2. A law made by Parliament — central legislation
3. A law made by a state legislature — state legislation
4. A notification issued or an order made by the appropriate government — executive creation, even without a dedicated law

And then the definition goes further. It also includes any body:

5. Owned, controlled, or substantially financed by the appropriate government
6. NGOs substantially financed, directly or indirectly, by funds provided by the appropriate government

That phrase "substantially financed" in points 5 and 6 is where most of the legal complexity lives. It means you do not need to be a statutory government body to fall under the RTI Act. If the government funds you heavily enough, you count as a public authority even if you are technically a private or autonomous institution.

What Does "Substantially Financed" Mean?

The RTI Act does not define "substantially financed," and courts have had to fill in the gap. The consistent interpretation is that substantial financial assistance from government — even if the government does not own the body outright — is enough to bring a body within the definition.

You do not need 100% government funding. You do not need the government to be the majority shareholder. What matters is whether the government's financial contribution is large enough that the body could not function meaningfully without it.

A few examples help illustrate where the line gets drawn:

Aided schools and colleges — Private schools and colleges that receive government grants to pay teacher salaries or maintain infrastructure are routinely held to be public authorities. The reasoning is direct: without government money, they could not operate as they do. RTI applications about admissions, fee structures, and staff appointments are filed against aided institutions every day.

Cooperative societies — Many cooperative societies receive government grants, subsidised land, or financial support from state cooperative banks that are themselves government-owned. If the funding is substantial, the society may be a public authority. This is fact-specific and varies by state.

The BCCI case — The Board of Control for Cricket in India is a well-known example of a body that courts have held is not a public authority. The Supreme Court examined whether BCCI receives substantial government funding or exercises government-delegated functions. It found that the BCCI operates on its own revenue, is not substantially government-financed, and is not owned or controlled by the government. Despite regulating a national sport and occupying a de facto monopoly, it falls outside Section 2(h). This case is a useful reminder that public profile or national importance does not automatically mean RTI coverage.

Bodies That Are Public Authorities

Central Government Ministries and Departments

Every ministry, every department, every attached office and subordinate office of the Central Government is a public authority. The Ministry of Home Affairs, the Department of Revenue, the Central Board of Direct Taxes, the Directorate General of Civil Aviation — all of them are covered. RTI applications to Central Government bodies are filed through rtionline.gov.in.

Public Sector Undertakings (PSUs)

Companies where the government holds majority ownership — ONGC, BHEL, Coal India, GAIL, NTPC, Indian Oil Corporation — are public authorities. Air India was a public authority while it was government-owned; after its disinvestment and transfer to Tata Sons, that status changed.

A PSU subsidiary or joint venture can also be a public authority depending on the ownership structure and extent of government control, though these cases require more careful analysis.

Universities Established by Legislation

Universities created by a central or state act are clearly within Section 2(h). Delhi University (established by the Delhi University Act, 1922), Jawaharlal Nehru University (JNU Act, 1966), Banaras Hindu University, Aligarh Muslim University — all are public authorities. Private universities established under state private university acts are also covered, since they exist by virtue of state legislation.

Statutory Regulatory Bodies

Bodies set up by Parliament to regulate specific sectors are public authorities:

• SEBI (Securities and Exchange Board of India) — regulates capital markets
• RBI (Reserve Bank of India) — central bank and banking regulator
• TRAI (Telecom Regulatory Authority of India) — telecom sector
• IRDAI (Insurance Regulatory and Development Authority of India) — insurance
• PFRDA (Pension Fund Regulatory and Development Authority)
• Competition Commission of India
• National Human Rights Commission

Citizens can and do file RTIs against these bodies seeking information about their regulatory proceedings, inspection reports, and administrative matters.

Government Hospitals

Central government hospitals — AIIMS (All India Institute of Medical Sciences, New Delhi), Safdarjung Hospital, RML Hospital — are public authorities under Central Government. Delhi government hospitals — GTB Hospital, Lok Nayak Hospital, DDU Hospital — are public authorities under the Delhi State Government.

Local Bodies

Municipal corporations, panchayats, district councils, and cantonment boards are all public authorities. RTI applications to Delhi Municipal Corporation, Brihan Mumbai Municipal Corporation, or the Panchayat Samiti of a rural block are perfectly valid and are one of the most commonly used channels for citizens seeking information about local development work, licences, and public services.

Courts and Tribunals — With an Important Qualification

High Courts and the Supreme Court are constitutional bodies and are public authorities. However, the RTI Act makes a specific provision: courts are covered only for their administrative information, not their judicial records or proceedings. You can ask about court staff, budget, vacancies, and administrative matters. You cannot use RTI to seek information that is part of an ongoing judicial proceeding — those have their own procedural channels.

Bodies That Are Not Public Authorities

Private Companies

A company listed on the stock exchange, no matter how large, is not a public authority unless the government holds a controlling stake or the company is substantially government-financed. Infosys, Reliance, HDFC Bank, Tata Consultancy Services — none of them are covered under the RTI Act. If you have a grievance against a private company, RTI is not the tool for that complaint.

Political Parties

This has been a persistent source of confusion. The Central Information Commission (CIC) has, in several decisions, held that major national political parties such as the Indian National Congress and the Bharatiya Janata Party should be treated as public authorities given their indirect funding through government facilities, tax exemptions, and electoral bonds. However, the parties have consistently refused to comply, and courts have not definitively settled the matter in favour of the CIC's position. As of now, in practical terms, RTI does not apply to political parties — they have not accepted it, and there is no enforcement mechanism that has compelled them to do so.

Private Schools and Colleges Not Substantially Funded by Government

A private school charging market-rate fees and operating without government grants is not a public authority. If the same school receives substantial government grants — enough to cover a significant portion of its operating costs — it may cross the threshold. The key question is always whether the government's financial contribution is substantial, not merely incidental.

Private Hospitals

Private hospitals, even those that treat patients under government insurance schemes like Ayushman Bharat (PMJAY), are generally not public authorities. Empanelment under a government scheme does not by itself constitute substantial financing. If a hospital is built on government land at zero cost and receives most of its revenue from government contracts, the analysis changes — but that is an unusual fact pattern.

Individuals

The RTI Act creates obligations on public authorities, not individuals. You cannot file an RTI against a government official as a private individual. The application is directed at the public authority where that official works, and the Public Information Officer of that body responds.

Central vs. State: Why It Matters

The definition of "appropriate government" in Section 2(a) of the RTI Act means that public authorities are either Central Government bodies or State Government bodies. This distinction has one very practical consequence: it determines where your second appeal goes.

• Central Government public authority → Second appeal to the Central Information Commission (CIC)
• State Government public authority → Second appeal to the respective State Information Commission (SIC) — for Delhi, that is the Delhi Information Commission (established under Section 15 of the RTI Act)

If you file your second appeal in the wrong place, it will be rejected or redirected. Getting the Central/State distinction right at the start means your entire application chain — including any appeals — goes to the right place.

Tricky Cases Citizens Often Get Wrong

Delhi Police: Central Government, Not Delhi State

Delhi Police is governed by the Delhi Police Act, 1978, which is a Central Government law. The Delhi Police Commissioner reports to the Central Government's Ministry of Home Affairs, not the Delhi government. RTI applications to Delhi Police go through rtionline.gov.in, and second appeals go to the CIC, not the Delhi Information Commission.

Many citizens file with the Delhi government or go to DIC for the second appeal, and their cases are dismissed for want of jurisdiction.

NDMC: Central Government

The New Delhi Municipal Council is a Central Government body. It administers the Lutyens' Delhi area and is under the Ministry of Housing and Urban Affairs. RTI applications to NDMC are filed at online.ndmc.gov.in/rti (not rtionline.gov.in), and second appeals go to the CIC.

Kendriya Vidyalaya Sangathan (KVS): Central Government

Kendriya Vidyalayas are central schools run by KVS, which is under the Ministry of Education. Despite being physically located across all states, they are Central Government public authorities. RTI applications go through rtionline.gov.in, second appeals to the CIC.

AIIMS: Central Government

The All India Institute of Medical Sciences, New Delhi is established by the AIIMS Act, 1956 — a central act. It is a Central Government public authority. The various newer AIIMS institutions (Bhopal, Jodhpur, Patna, etc.) are also Central Government bodies. RTI through rtionline.gov.in, second appeal to the CIC.

Delhi Government Hospitals: Delhi State

Lok Nayak Hospital, GTB Hospital, DDU Hospital, Sanjay Gandhi Memorial Hospital — these are under the Delhi government's Health Department. RTI applications go to the Delhi State RTI portal (delhigovt.nic.in), and second appeals go to the Delhi Information Commission.

Aided Private Schools: It Depends

A private school in Delhi that receives grants from the Delhi government is substantially financed by the state government and is a public authority. The Delhi High Court and various information commissions have confirmed this repeatedly. Citizens have successfully filed RTIs against aided schools on matters of fee hikes, admission procedures, and teacher qualifications. A private unaided school is a different matter and is generally not covered.

How to Figure Out If a Body Is a Public Authority

If you are unsure about a specific organisation, here is a practical approach:

1. Check rtionline.gov.in

The central RTI portal has a searchable list of public authorities registered on the portal. If the body is listed there, you can file against it directly through the portal. This is the fastest check for Central Government bodies.

2. Check the body's own website

Section 4 of the RTI Act requires every public authority to proactively publish information about its structure, functions, budget, and how citizens can apply under RTI. If a body's website has an RTI section — usually listing its Public Information Officer and appellate authority — it has accepted its status as a public authority.

3. Check the state RTI portal

Each state maintains its own RTI portal for state government public authorities. Delhi's portal is delhigovt.nic.in. If the body is listed there, it is a Delhi State public authority.

4. File and let the body respond

If you have done the above and you are still not certain, file the application. If the body is not a public authority, they are legally required to say so — and to give you reasons. A response that says "we are not a public authority under Section 2(h)" is itself useful information. More often than not, if you file and the body responds at all, they are acknowledging jurisdiction.

One More Thing: The PIO's Duty to Transfer

If you file an RTI application with the wrong public authority — say, you file with Ministry A when the information is held by Ministry B — the Public Information Officer of Ministry A is legally required under Section 6(3) to transfer your application to the correct public authority within 5 days. The 30-day response clock then runs from the date of transfer.

This means filing with the wrong Central Government ministry is not fatal. The system has a built-in correction mechanism. Filing with a body that is not a public authority at all, however, gets you nowhere — there is no PIO to transfer anything.

Knowing Who to File Against Changes Everything

The RTI Act is only as powerful as your ability to use it correctly. Filing against the right public authority, in the right classification (Central or State), is the foundation of everything that follows — the timeline, the appeal chain, the second appeal body.

Most citizens underestimate how much time they lose by filing against the wrong body or, worse, against a body that is not covered at all. Section 2(h) is not just legal background noise — it is a practical tool.

If you are not sure which public authority holds the information you need, or whether a body is covered under the RTI Act, RTISathi can help. RTISathi helps citizens identify the correct public authority, understand whether a body is Central or State, and file their RTI application through the right channel — so the application goes where it needs to go, the first time.