Thalappalam Service Cooperative Bank Ltd. v. State of Kerala
A body is a “public authority” under RTI only if it is established by or under law, or is owned, controlled or substantially financed by the government. Co-operative societies are not automatically public authorities — “substantially financed” and “controlled” require a high, dominant degree of government involvement.
Issue before the court
Whether co-operative societies registered under a State Co-operative Societies Act are “public authorities” under Section 2(h) of the RTI Act and bound to disclose information.
Facts in brief
Co-operative societies in Kerala challenged orders requiring them to furnish information under the RTI Act, arguing they were not “public authorities” merely because they were registered and regulated under the Co-operative Societies Act.
Holding / decision
The Supreme Court held that registration and regulatory supervision do not make a society a “public authority”. A body qualifies only if it is owned, controlled or substantially financed by the government. “Controlled” means a substantial degree of control over the management and affairs of the body; “substantially financed” means dominant, significant and ongoing government funding — not incidental assistance.
“Public authority” under Section 2(h) is met only by establishment under law, or by government ownership, substantial control or substantial financing; mere regulation or registration is not enough.
Before filing, check whether your target body actually qualifies as a public authority. If it is substantially financed or controlled by government it is covered; if it is merely registered or regulated it may not be — though the information may still be reachable through the regulating department.
What RTI can help you get
- Information from bodies established by or under law
- Information from bodies substantially financed or controlled by government
- Information about a society held by the government department that regulates it
What RTI may not give you
- Information directly from a society that is merely registered or regulated, not substantially financed or controlled
- Records of a genuinely private body outside Section 2(h)
- Disclosure where no government ownership, control or substantial finance exists
When to cite this case
When a body (society, club, NGO, private-aided institution) claims it is not a public authority, or when arguing that substantial government funding or control brings it within the RTI Act.
Later developments / current status
Thalappalam is the leading test for “public authority”. Later judgments — including on substantially-financed NGOs and aided colleges — apply its test to specific funding patterns, sometimes bringing such bodies within RTI.
Source & verification
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