The Tamil Nadu government has withdrawn its recent decision to exempt the Public (Law and Order) Department from the Right to Information (RTI) Act, 2005. The reversal came shortly after the September 21 notification faced criticism from political allies, opposition parties and transparency activists.
The original order had classified the Public (Law and Order) Department as an “Intelligence and Security Organisation” under Section 24(4) of the RTI Act. The provision allows state governments to exempt certain intelligence and security organisations from the law.
What Did the Original Order Say?
The notification issued by the Human Resources Management Department sought to keep the Public (Law and Order) Department outside the normal scope of the RTI Act.
The department deals with several sensitive areas, including police-related inquiries, custodial deaths, allegations of torture, communal and caste conflicts, political protests and preventive detention. It also handles matters connected with law-and-order reviews and certain human rights-related cases.
Why Did the Decision Face Criticism?
The exemption quickly became controversial because of the wide range of issues handled by the department. Critics argued that restricting access to records could affect public scrutiny of policing and government administration.
Several political groups and transparency organisations questioned why an entire department dealing with law-and-order matters had been brought under an exemption intended for intelligence and security organisations.
The issue also attracted criticism from some parties supporting the Tamil Nadu government, adding to pressure for a review of the notification.
Government Withdraws the Notification
On September 27, the Tamil Nadu government issued a fresh order revoking the earlier notification.
The government stated that the September 21 order relating to the exemption of the Public (Law and Order) Department under Section 24(4) of the RTI Act “stands revoked”. As a result, the department continues to remain within the RTI framework.
What Section 24 Means Under the RTI Act
Section 24 provides exemptions for specified intelligence and security organisations. However, the exemption is not absolute. Information concerning allegations of corruption and human rights violations is subject to specific provisions under the RTI law.
The provision therefore became central to the debate over whether the Tamil Nadu department could be classified as an exempt intelligence and security organisation.
Why the Reversal Matters
The withdrawal restores the previous RTI position for the Public (Law and Order) Department and keeps its records subject to the existing transparency framework.
The episode has also highlighted the continuing debate over the balance between confidentiality in sensitive government functions and citizens’ right to access information about public administration.
For RTI applicants, journalists and civil society groups, the immediate outcome is that the September 21 exemption no longer applies to the department.
