The Andhra Pradesh Information Commission (APIC) has delivered a landmark ruling, asserting that all religious institutions operating under government supervision, statutory regulation, or receiving state funding and public donations fall within the ambit of the Right to Information (RTI) Act. The commission clarified that temples, mosques, churches, waqf institutions, and other religious bodies administered or supervised by the government cannot deny information sought under the law.
Key Observations by the Commission
State Chief Information Commissioner Vajja Srinivasa Rao made these observations while hearing a petition concerning the disclosure of information by the authorities of Sri Kanaka Mahalakshmi Temple in Visakhapatnam. In a detailed 25-page order, the commission held that institutions operating under statutory control or receiving administrative oversight from the state qualify as 'public authorities' under the RTI Act.
Rejecting the temple authorities' contention that they were exempt from disclosure obligations, Srinivasa Rao observed that the RTI Act was enacted to promote transparency and accountability in institutions substantially controlled, regulated, or financed by the government.
Background of the Case
The ruling came while disposing of a second appeal filed by K S N Patnaik after temple authorities refused to provide information relating to temple festivals, citing an earlier high court judgment. The commission noted that temples governed under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 function under extensive government supervision through executive officers, trust boards, and statutory authorities appointed under the law. Their administration, finances, audits, and properties are also subject to state regulation.
Public Funds and Transparency
The order further observed that offerings and donations made by devotees assume the character of public funds once they are administered within a statutory framework. 'Transparency becomes essential when institutions receive public donations, government grants, or financial assistance,' Srinivasa Rao stated.
Extending the same reasoning to waqf institutions, mosques, and churches, the commission observed that such bodies often receive public contributions, foreign donations, and various forms of state support while functioning under regulatory mechanisms established by law.
Limitations of the RTI Act
However, the APIC clarified that matters relating to personal faith, religious rituals, ceremonies, and individual beliefs remain private and do not come under the RTI Act.
Directive to Temple Authorities
The commission directed the Public Information Officer (PIO) of Sri Kanaka Mahalakshmi Temple to furnish the requested information within 15 days.
The order also noted that the Supreme Court and several high courts have repeatedly interpreted the scope of 'public authority' broadly in cases involving institutions subject to direct or indirect government control. Merely being a religious institution, the commission said, does not place an organisation outside the RTI framework.
