SC rules that private cooperative banks fall under RTI Act if their records are accessible to public authorities like Registrars.
SC Clarifies RTI Jurisdiction Over Private Cooperative Banks
The Supreme Court has held that private cooperative banks are subject to the Right to Information (RTI) Act, 2005, when their records are accessible to or held by public authorities such as the Registrar of Cooperative Societies. The decision expands the scope of transparency in sectoral governance.
The Court reasoned that even though cooperative banks are not 'public authorities' per se, their function as financial intermediaries and statutory reporting obligations render them amenable to RTI when information passes through a public body. This builds on the principle in Central Public Information Officer, Orissa RTC v. Subhash Chandra Agarwal, extending accountability to quasi-public institutions.
The ruling will impact how cooperative institutions manage disclosures. Legal practitioners should advise clients on documenting exemptions under Section 8 of the RTI Act while ensuring compliance with disclosure demands, particularly in audit and inspection contexts.
Citations
- Right to Information Act, 2005, Section 2(h)
- Central Public Information Officer, Orissa RTC v. Subhash Chandra Agarwal, (2007) 9 SCC 288
