sc - Thalappalam Service Cooperative Bank Limited and Others v. State of Kerala and Others

Term ‘public authority’ under Section 2(h) of the RTI Act includes any authority or body or an institution of self-government established by the Constitution or under the Constitution. Interpreting the expression ‘public authority’ in Thalappalam Service Cooperative Bank Limited and Others v. State of Kerala and Others10, this Court had observed:

“30. The legislature, in its wisdom, while defining the expression “public authority” under Section 2(h), intended to embrace only those categories, which are specifically included, unless the context of the Act otherwise requires. Section 2(h) has used the  expressions “means” and “includes”. When a word is defined to “mean” something, the definition is prima facie restrictive and where the word is defined to “include” some other thing, the definition is prima facie extensive. But when both the expressions “means” and “includes” are used, the categories mentioned there would exhaust themselves. The meanings of the expressions “means” and “includes” have been explained by this Court in DDA v. Bhola Nath Sharma (in paras 25 to 28). When such expressions are used, they may afford an exhaustive explanation of the meaning which for the purpose of the Act, must invariably be attached to those words and expressions. 

31. Section 2(h) exhausts the categories mentioned therein. The former part of Section 2(h) deals with:

(1) an authority or body or institution of selfgovernment established by or under the 

Constitution,

(2) an authority or body or institution of selfgovernment established or constituted by any other law made by Parliament,

(3) an authority or body or institution of selfgovernment established or constituted by any other law made by the State Legislature, and

(4) an authority or body or institution of selfgovernment established or constituted by notification issued or order made by the appropriate Government.”