Public authority under RTI includes the Attorney General's Office, despite its advisory constitutional role.

The Office of the Attorney General of India falls within the meaning of "public authority" under Section 2(h) of the Right to Information Act, 2005. An office created by the Constitution and entrusted with constitutional duties and legal functions is an "authority" for the Act, even if its role is mainly advisory and its organisational setup is skeletal. The tests developed for Article 12 of the Constitution are not controlling for Section 2(h). The Delhi HC therefore held that the contrary view taken by the Central Information Commission could not stand.

---

---

Issues: Whether the Office of the Attorney General of India is a "public authority" within the meaning of Section 2(h) of the Right to Information Act, 2005.

Analysis: The expression "public authority" in Section 2(h) of the Right to Information Act, 2005 is not confined to bodies exercising coercive or adjudicatory powers. An office established by the Constitution of India, and vested with constitutional duties and functions, falls within the statutory meaning of "authority" when the provision is construed in the context and object of the Act. The Office of the Attorney General of India is created by Article 76 of the Constitution of India, is required to discharge duties of a legal character, performs functions under the Constitution and other laws, and is recognized as a public office. The fact that its work is largely advisory, or that its establishment is a skeletal one, does not exclude it from the sweep of Section 2(h). The Court also held that the tests evolved for Article 12 of the Constitution of India are not controlling for Section 2(h) of the Right to Information Act, 2005.

Conclusion: The Office of the Attorney General of India is a public authority under Section 2(h) of the Right to Information Act, 2005 and the contrary view of the Central Information Commission could not be sustained.

---