Published on: August 13, 2025

KARNATAKA HC DEEMS NIRMITI KENDRA A PUBLIC AUTHORITY UNDER RTI

KARNATAKA HC DEEMS NIRMITI KENDRA A PUBLIC AUTHORITY UNDER RTI

NEWS – The Karnataka High Court has ruled that Nirmiti Kendra, established by the state government and governed by government officers, qualifies as a public authority under Section 2(h) of the Right to Information (RTI) Act.

HIGHLIGHTS

  • Litigation Background
    • The decision stems from a petition filed by HR Thimmaiah, president of Bharath Krishik Samaj in Hiriyur, challenging Nirmiti Kendra’s refusal to provide information.
    • The Karnataka Information Commission had previously ordered disclosure and imposed a ₹25,000 penalty.
    • The Kendra’s refusal was premised on its claim that it was not a public authority and thus not subject to RTI scrutiny.
  • Court’s Reasoning & Observations
    • The court noted several key factors in his ruling:
      • The Kendras were initiated by the Rural Development and Panchayat Raj Department, funded by HUDCO, and formally sanctioned by government order.
      • The CEO of the Zilla Panchayat serves as the Chairman, and the Kendras operate under direct government supervision.
      • Contracts and projects handled by the Kendras are government-oriented.

·        The RTI Act is a landmark Indian law from 2005 that empowers citizens to access government information, promoting transparency and accountability.

·        It is considered a fundamental right under Article 19(1) of the Constitution, a principle established in the 1976 Raj Narain vs. State of Uttar Pradesh case.

·        The Act’s core objectives are to empower citizens, curb corruption, and strengthen democracy by making governance more transparent and accountable.

·        It requires public authorities to provide information within a specific timeframe—typically 30 days, or 48 hours if it concerns a person’s life or liberty—with penalties for delays.

·        The law covers constitutional authorities, government-funded agencies, and certain civil societies, while also outlining specific exemptions for disclosure.