GOVT.-FUNDED NGOs UNDER RTI

Sept. 18, 2019

The Supreme Court in a recent judgment held that Non-governmental organisations (NGOs) “substantially” financed by the government fall within the ambit of the Right to Information Act.

Key highlights of judgement:

The Supreme Court laid down that NGOs which receive considerable finances from the government or are essentially dependent on the government fall under the category of “public authority” defined in Section 2(h) of the Right to Information (RTI) Act of 2005.
This means that they have to disclose vital information, ranging from finances to hierarchy to decisions to functioning, to citizens who apply under RTI.
An NGO may also include societies which are neither owned or controlled by the government, but if they are significantly funded by the government, directly or indirectly, they come under the RTI Act.
The court defined “substantial” as a “large portion.”
- It does not necessarily have to mean a major portion or more than 50%. Substantial financing can be both direct or indirect.
- g. If government gives land in a city free of cost or on heavy discount to hospitals, educational institutions or any such body, this could also be substantial financing.