New Delhi: Elected representatives including
MPs, MLAs and local bodies members are not covered under the
Right to Information Act in `individual` capacity, Central
Information Commission has ruled.
The Commission, however, has clarified that information
regarding their activities can be accessed from bodies to
which they are part of like Parliament, state legislative
assembly or local bodies.
A division bench of the Commission comprising Chief
Information Commissioner Wajahat Habibullah and Shailesh
Gandhi said, "we must conclude that individuals whether MPs,
MLAs, Councillors or members of Panchayats cannot in
themselves be deemed public authorities. Nevertheless, the
organisations and Committees in which they fulfil their
obligations under the Constitution are indeed organisations
defined as public authorities," the bench held while hearing
several pleas that were clubbed together in the matter.
The applicants had asked for information regarding work
done by different elected representatives including Rahul
Gandhi and Sonia Gandhi but did not any details from them.
"Such information on activities as are performed by
these named representatives as members of such organisations
is, therefore, to be deemed accessible to the citizenry...It
will, therefore, be necessary for such organisations to
develop systems for making such information accessible," the