RTI and private companies — where the line stands in 2026

Are private entities under RTI? The Thalappalam-BCCI-PCRA framework and where 2026 case law has moved the boundary. A private company is generally not a public.

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+{{htmlmetatags>metatag-keywords=(private companies RTI, PCRA RTI, public function private company, BCCI RTI, PPP RTI)
+metatag-description=(Are private entities under RTI? The Thalappalam-BCCI-PCRA framework and where 2026 case law has moved the boundary. A private company is generally not a public.)}}
+====== RTI and private companies — where the line stands in 2026 ======
+{{ :social:auto:rti-and-private-companies-pcra-debate.png?direct&1200 }}
+A private company is generally **not** a public authority under §2(h). But three categories complicate that: substantially financed, performing public function, and PPP arrangements.
+===== Substantially financed (Thalappalam test) =====
+**Thalappalam Service Coop Bank v. State of Kerala (2013)** — "substantial finance" requires more than mere government contribution. Direct grants/subsidies must be a **major** funding source.
+===== Public function (BCCI, IOA et al) =====
+  * **BCCI** — held public function via *BCCI v. Cricket Assoc of Bihar (2015)*; some High Courts have applied RTI; SC has not finally ruled.
+  * **IOA** — Delhi HC (2014) held subject to RTI.
+  * **MTNL/LIC/PSUs** — clearly public; some private listed entities (HDFC, Reliance) are not.
+===== PPP arrangements =====
+PPP entities operating concessions on public land/assets — under increasing pressure to disclose. Several CIC orders direct that **PPP-built airports, highways, metros** must disclose project-specific information.
+===== Where 2026 has moved =====
+  * **Real-estate developers** in PMAY projects — disclosure of beneficiary lists ordered.
+  * **Educational PPPs** — RTI applies for scheme-related data.
+  * **Healthcare PPPs** under Ayushman — ordered to disclose scheme-financial data.
+===== Practical drafting =====
+  - File to the **government counterpart** of the PPP first; they are the conduit.
+  - Cite **Thalappalam + Cricket Assoc of Bihar + Manohar Parrikar (Bom HC 2010)** as conceptual ladder.
+  - Frame ask in terms of **scheme-implementation data**, not "private business records".
+===== Sources =====
+  - Thalappalam Service Coop Bank v. State of Kerala (2013).
+  - BCCI v. Cricket Association of Bihar (2015).
+  - CIC orders on PPP transparency.
+//Last reviewed: 25 April 2026.//
+{{tag>blog private-rti BCCI Thalappalam PPP-rti substantially-financed}}