Topic : Co-operative Societies Not Bound by RTI Act
GS-2 Mains : Polity and Governance
Revision Notes
Why in News ?
The Madras High Court recently ruled that co-operative societies in Tamil Nadu are not obligated to provide information under the Right to Information (RTI) Act 2005.
This judgement overturned an order by the Tamil Nadu Information Commission (TNIC) directing a co-operative society to disclose loan details.
Key Points of Judgement:
Co-operative societies registered under the Tamil Nadu Co-operative Societies Act (1983) don’t fall under the definition of “public authority” as per the RTI Act’s Section 2(h).
This implies they are not legally bound to respond to RTI requests for information about their functions.
Right to Information Act 2005:
Mandates timely government response to citizen requests for information.
Enables citizens to access data, documents, and other government-held information.
About Cooperative Societies:
Voluntary associations formed by individuals with shared economic, social, and cultural interests.
Originated in India’s agricultural sector to empower farmers against moneylenders.
Range from credit providers to producers and marketers of various goods (fertilizers, milk, sugar, fish).
Constitutional Provisions:
“Cooperative Societies” is a state subject.
97th Amendment introduced Part IXB (The Co-operative Societies) to the Constitution.
Right to form cooperatives became a fundamental right under Article 19(1).
Article 43B (Promotion of co-operative societies) was added as a Directive Principle of State Policy.
This article mandates states to promote voluntary formation, democratic control, and professional management of cooperatives.
Issues with Cooperatives:
Increased government and legislative control has led to reports of mismanagement and corruption.
State intervention, often in the name of public interest, hinders cooperative autonomy.
Many societies struggle with financial viability and uneven development across the country.
Irregular elections and frequent supersessions by the state plague some cooperatives.
Related Steps:
Multi-State Cooperative Societies (MSCS) were formed to facilitate nationwide operations.
The MSCS (Amendment) Act & Rules (2023) aim to strengthen governance, transparency, accountability, and electoral processes in cooperatives.
The Ministry of Cooperation was created to streamline processes and enable development of MSCS.
Conclusion:
Cooperatives play a vital role in poverty alleviation, food security, and resource management.
Their independent and autonomous character is crucial for their effective functioning.
While the movement certainly needs reforms, the Madras HC judgement highlights the importance of a balance between autonomy and accountability.
हिन्दी