Brittas urged the Home Ministry to reconsider its stand and place a revised position before the jurisdictional high court so that the question of the Trust's status under the RTI Act can receive an authoritative judicial determination.
NEW DELHI: CPI(M) Rajya Sabha MP John Brittas has urged the Centre to reconsider its stand that the Shri Ram Janambhoomi Teerth Kshetra Trust is not a public authority under the RTI Act, saying such a move would be in the interest of transparency and public accountability.
In a letter to Union Home Minister Amit Shah dated July 4, Brittas said the Trust's origins are unique.
He noted that following the Supreme Court's November 2019 Ayodhya judgment, the Centre framed the scheme governing the Trust, constituted it through a gazette notification and vested in it the acquired land. He also pointed out that 12 of the Trust's 15 members were initially nominated by the government.
Referring to the Central Information Commission's (CIC) June 6, 2025 order holding that the Trust is not a "public authority" under the RTI Act, Brittas said the Commission had relied substantially on the Home Ministry's stand and urged the ministry to review its position in the interest of transparency and public accountability.
He argued that the Centre's contention that the Trust was not "established or constituted" by a government notification merely because the notification was issued pursuant to the Supreme Court's directions warranted reconsideration.
Section 2(h)(d) of the RTI Act, he said, makes no distinction between a notification issued independently by the government and one issued in compliance with a judicial direction.
The CIC comes under the Ministry of Personnel, Public Grievances and Pension.
Citing Supreme Court judgments in D.A.V. College Trust and Management Society v. Director of Public Instructions (2019) and Thalappalam Service Cooperative Bank Ltd. v. State of Kerala (2013), besides the Delhi High Court's July 1 judgment declaring the National Stock Exchange a public authority under the RTI Act, Brittas argued that institutions deriving their legal existence and public character from governmental action should receive a purposive interpretation that advances transparency.
He said the Trust's governing framework includes continuing institutional representation from the Centre and the Uttar Pradesh government through serving IAS officers, reflecting the government's enduring association with its administration. "While these representatives may not enjoy voting rights, their statutory inclusion in the governing framework reflects the public character of the institution and the Government's continuing institutional association with its administration," he said.
The governmental presence cannot be ignored while determining whether the Trust ought to be subjected to standards of transparency under the Right to Information Act.
"The public character of the Trust also arises from the nature of the functions entrusted to it. It administers one of the country's most revered religious institutions, manages land acquired under a Parliamentary enactment and vested through government notification, and receives contributions from millions of devotees across India and abroad," he said.
He added the "extraordinary confidence" reposed by the public in the Trust naturally carries with it an equally compelling expectation of transparency.
Brittas also cited the example of the Shri Mata Vaishno Devi Shrine Board, arguing that institutional autonomy and public accountability are not mutually exclusive. He said major religious institutions established under statutory or governmental frameworks continue to enjoy autonomy in religious matters while functioning within transparent administrative and financial systems.
Brittas urged the Home Ministry to reconsider its stand and place a revised position before the jurisdictional high court so that the question of the Trust's status under the RTI Act can receive an authoritative judicial determination.
The Shri Ram Janmbhoomi Teerth Kshetra Trust is at the centre of a controversy over the alleged embezzlement of donations offered by devotees.