2013 (10) TMI 1057 - SC - Indian Laws

Scope of the Definition of Public Authority u/s 2(h) RTI Act - Whether a co-operative society registered under the Kerala Co-operative Societies Act, 1969 will fall within the definition of public authority under Section 2(h) of the Right to Information Act, 2005 and be bound by the obligations to provide information sought for by a citizen under the RTI Act Held that - The Cooperative Societies registered under the Kerala Co-operative Societies Act will not fall within the definition of public authority as defined under Section 2(h) of the RTI Act and the State Government letter dated 5.5.2006 and the circular dated 01.06.2006 issued by the Registrar of Co-operative Societies, Kerala, to the extent, made applicable to societies registered under the Kerala Co-operative Societies Act would stand quashed in the absence of materials to show that they are owned, controlled or substantially financed by the appropriate Government Co-operative Societies and Article 12 of the Constitution - Whether the Co-operative Societies will fall within the expression State within the meaning of Article 12 of the Constitution of India Held that - Societies are, of course, subject to the control of the statutory authorities but cannot be said that the State exercises any direct or indirect control over the affairs of the society which is deep and all pervasive - Supervisory or general regulation under the statute over the co-operative societies, which are body corporate does not render activities of the body so regulated as subject to such control of the State so as to bring it within the meaning of the State or instrumentality of the State - General regulations under an Act, like the Companies Act or the Cooperative Societies Act, would not render the activities of a company or a society as subject to control of the State - the Co-operative Societies will not fall within the expression State or instrumentalities of the State within the meaning of Article 12 of the Constitution and hence not subject to all constitutional limitations as enshrined in Part III of the Constitution. Constitutional provisions and Co-operative autonomy - Rights of the citizens to form co-operative societies voluntarily, is now raised to the level of a fundamental right and State shall endeavour to promote their autonomous functioning - Co-operative society is a state subject under Entry 32 List I Seventh Schedule to the Constitution of India - Co-operative society is essentially an association or an association of persons who have come together for a common purpose of economic development or for mutual help. BURDEN TO SHOW - The burden to show that a body is owned, controlled or substantially financed or that a non-government organization is substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information or the appropriate Government - the categories mentioned in Section 2(h) of the Act exhaust themselves, there is no question of adopting a liberal construction to the expression public authority to bring in other categories into its fold, which do not satisfy the tests - Court cannot, when language is clear and unambiguous, adopt such a construction which, according to the Court, would only advance the objective of the Act - the opening part of the definition clause which states unless the context otherwise requires - No materials have been made available to show that the cooperative societies, with which we are concerned, in the context of the Act, would fall within the definition of Section 2(h) of the Act Decided in favour of Petitioner.

Issues Involved:
1. Whether a co-operative society registered under the Kerala Co-operative Societies Act, 1969, falls within the definition of "public authority" under Section 2(h) of the Right to Information Act, 2005.
2. Whether co-operative societies are considered "State" under Article 12 of the Constitution of India.
3. The implications of the Right to Information Act on the autonomy and functioning of co-operative societies.
4. The interplay between the Right to Information and the Right to Privacy.

Detailed Analysis:

1. Definition of "Public Authority" under RTI Act:
The primary issue was whether co-operative societies registered under the Kerala Co-operative Societies Act, 1969, are "public authorities" under Section 2(h) of the RTI Act. The Supreme Court examined the definition of "public authority" which includes bodies established by the Constitution, by law made by Parliament or State Legislature, or by notification issued by the appropriate government, and bodies owned, controlled, or substantially financed by the government.

The Court concluded that the co-operative societies in question do not fall within these categories as they are neither established by the Constitution nor by any law made by Parliament or State Legislature. They are also not owned, controlled, or substantially financed by the government. The Court emphasized that mere regulatory or supervisory control by the Registrar of Co-operative Societies does not amount to substantial control.

2. Co-operative Societies as "State" under Article 12:
The Court examined whether co-operative societies can be considered "State" under Article 12 of the Constitution. It referred to previous judgments where entities with pervasive control by the government were considered "State." However, it found that the co-operative societies in question are autonomous bodies governed by their members and not by the government. The Court distinguished between bodies created by statute and those governed by statutory provisions, concluding that the latter, including the co-operative societies, are not "State."

3. Right to Information Act and Co-operative Autonomy:
The Court discussed the impact of the RTI Act on the autonomy of co-operative societies. It noted that the 97th Constitutional Amendment Act, 2011, elevated the right to form co-operative societies to a fundamental right, promoting their autonomous functioning. The Court held that co-operative societies, being autonomous and self-governed, do not fall under the definition of "public authority" and thus are not bound by the obligations under the RTI Act.

4. Right to Information vs. Right to Privacy:
The Court acknowledged the fundamental right to information under Article 19(1)(a) of the Constitution and the right to privacy under Article 21. It emphasized that the RTI Act provides access to information under the control of public authorities to promote transparency and accountability. However, it also recognized the limitations and exemptions under Section 8 of the RTI Act, particularly concerning personal information that does not relate to public activity or interest.

The Court ruled that even if the Registrar of Co-operative Societies, a public authority, holds certain information, it is not obliged to disclose personal information unless it serves a larger public interest. The Court highlighted the importance of balancing the right to information with the right to privacy, ensuring that personal information is protected unless disclosure is justified by public interest.

Conclusion:
The Supreme Court held that co-operative societies registered under the Kerala Co-operative Societies Act do not fall within the definition of "public authority" under Section 2(h) of the RTI Act. Consequently, the circular issued by the Registrar of Co-operative Societies, Kerala, was quashed. The Court emphasized the autonomy of co-operative societies and the need to balance the right to information with the right to privacy. The appeals were allowed, with no order as to costs.

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