Elected representatives not covered under RTI

 
The Commission, however, has clarified that information regarding their activities can be accessed from bodies to which they are part of like Parliament, state legislative assemblies or local bodies.

A division bench of the Commission comprising Chief Information Commissioner Wajahat Habibullah and Shailesh Gandhi said, “we must conclude that individuals whether MPs, MLAs, Councillors or members of Panchayats cannot in themselves be deemed public authorities. Nevertheless, the organisations and Committees in which they fulfil their obligations under the Constitution are indeed organisations defined as public authorities,” the bench held while hearing several pleas that were clubbed together in the matter.

The applicants had asked for information regarding work done by different elected representatives including Rahul Gandhi and Sonia Gandhi but did not get any details from them.

“Such information on activities as are performed by these named representatives as members of such organisations is, therefore, to be deemed accessible to the citizenry...It will, therefore, be necessary for such organisations to develop systems for making such information accessible,” the Bench said.