The Delhi High Court ruled that the office of Attorney General of India (“AGI”) is a ‘public authority’ under the Right to Information Act (“Act”) as it is established under the Constitution of India.
The Court said that, “the role of the AGI is not limited to merely acting as a lawyer for the Government of India as is contended by the respondent; the AGI is a constitutional functionary and is also obliged to discharge the functions under the Constitution as well as under any other law.”
“The term ‘authority’ as used in the opening sentence of Section 2(h) of the Act cannot be interpreted in a restrictive sense. The expression ‘authority’ would also include all persons or bodies that have been conferred a power to perform the functions entrusted to them. Merely because the bulk of the duties of the AGI are advisory, the same would not render the office of the AGI any less authoritative than other constitutional functionaries”, the Court observed.
The Court further said that reference to the definition of an ‘authority’ under Article 12 of the Constitution is not necessary in determining the scope of Section 2(h) of the Act.