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Competent Authority under RTI — Section 2(e)

Competent Authority under RTI — Section 2(e) — RTI Wiki

⚠️ DPDP Rules, 2025 (14 Nov 2025) amended Section 8(1)(j) of the RTI Act — public-interest override now under Section 8(2). Read the note →

· 2026/04/19 05:02 · 0 Comments

In one line: Section 2(e) of the RTI Act names “competent authorities” who, under Section 28, may make their own rules for the implementation of the Act within their domain. The competent authorities include the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha, Speakers and Chairmen of State Legislatures, the Chief Justice of India, Chief Justices of High Courts, the President (for the Supreme Court and certain constitutional offices), and the Governor (for State High Courts).

Who is a Competent Authority

Under Section 2(e), the competent authority is:

  1. Speaker of the Lok Sabha — for the Lok Sabha.
  2. Chairman of the Rajya Sabha — for the Rajya Sabha.
  3. Speakers of State Legislative Assemblies / Chairmen of Legislative Councils — for their respective Houses.
  4. Chief Justice of India — for the Supreme Court.
  5. Chief Justices of High Courts — for their High Courts.
  6. President of India — for other authorities constituted under the Constitution of India (e.g., Union Public Service Commission, Election Commission of India).
  7. Governor — for other authorities constituted under the Constitution for a State (e.g., State Public Service Commissions).

Why it matters

Competent authorities make their own fee rules, forms, and appellate procedure. Examples of rules that depart from Central Rules:

Each High Court has its own RTI page on its website; the Rules are usually a short PDF on the Gazette.

Limitations on competent-authority rule-making

Application to judicial records

Judicial-side records (case files, judgments not yet delivered, draft orders) fall under the Supreme Court Rules, 2013 and each High Court's judicial rules — separate from RTI. The RTI Act applies to the administrative side of courts (pay bills, leave orders, procurement) per the rules made by the competent authority. See Registrar, Supreme Court of India v. R.S. Misra (Delhi HC, 2017).

Call to action

If your RTI concerns a High Court, Parliament, or a constitutional authority, first locate the rules made by that competent authority on the institution's own website. Use the fee prescribed there, not the Central Rules.

Sources

  1. Right to Information Act, 2005, Sections 2(e), 28.
  2. Supreme Court of India Rules under Section 28.
  3. High Court RTI Rules (notified on each High Court website).

Last reviewed on: 20 April 2026