Vijay Govt faces RTI backlash: What was controversial Tamil Nadu order and why has it been revoked now?

The Tamil Nadu government has revoked a controversial order that exempted the state’s Public (Law and Order) Department from the purview of the Right to Information (RTI) Act, 2005. The rollback comes following intense pushback from political allies of the ruling TVK, opposition leaders, and transparency advocates.

The administration officially withdrew the GO of the Human Resources Management (R) Department, dated September 21.

What was the order?

The now-retracted order had originally invoked Section 24(4) of the transparency law to classify the department as an “Intelligence and Security Organisation,” thereby shielding it from public disclosures.

The Right to Information Act, 2005, was a law enacted by the Parliament giving citizens of India access to Government records.

Had the order remained in force, the exemption would have blocked RTI access to records concerning inquiries into police torture, custodial deaths, police firings, communal clashes, and security-related detentions, he argued. The Sivaganga Lok Sabha MP later welcomed the government revoking the controversial GO.

The original order had classified the department as an Intelligence and Security Organisation. That meant information on communal incidents, political agitations, police custody deaths, and other law-and-order matters could be publicly accessible through RTI applications.

The swift reversal comes after the initial move by the TVK-led state administration triggered a political storm, drawing sharp criticism from alliance partners – the Congress and the Viduthalai Chiruthaigal Katchi (VCK) – as well as several key political figures across the state.

What has it been withdrawn?

Condemning the initial restriction, DMK MP Kanimozhi criticised the TVK administration for attempting to stop the public from asking questions just four months into its tenure, despite coming to power on the promise of a “transparent government”.

In a X post, she stated that it was shameful for a government incapable of maintaining law and order, with over 500 murders having taken place, to try and hide its mistakes by restricting RTI rights.

AMMK founder TTV Dhinakaran questioned how a government that hesitates and fears answering the public’s questions could possibly provide a transparent administration.

Taking to X, he highlighted that the exemption would cover up crucial information regarding social and caste clashes, custodial deaths, police firings, and cases registered against students and farmers for political reasons.

Directly addressing Chief Minister C Joseph Vijay, Dhinakaran had demanded the immediate cancellation of the gazette notification, stating that hiding such information reveals administrative stumbling.

Similarly, AIADMK leader D Jayakumar likened the current administration to an “Idi Amin government” for trying to blunt the RTI Act.

In an X post, the former minister noted that the RTI is a robust weapon meant for the public to monitor every move of the government, not just for voting, and had strongly pushed for the order’s immediate withdrawal.

Prior to the revocation, VCK chief Thol Thirumavalavan had termed the gazette notification “highly shocking,” warning it would “pave the way for suppressing human rights,” and had strongly demanded its immediate withdrawal.

Congress also flagged the move

Congress MP Karti Chidambaram also flagged the initial decision, stating it set a “bad precedent” and maintaining that the scope of the RTI Act must be expanded rather than restricted. “Had the order remained in force, the exemption would have blocked RTI access to records concerning inquiries into police torture, custodial deaths, police firings, communal clashes, and security-related detentions,” he argued.

The Sivaganga Lok Sabha MP later welcomed the government revoking the controversial GO.

Earlier in the day, School Education Minister A Rajmohan attempted to defend the initial curb, asserting that while freedom of expression would not be affected, its “Lakshman Rekha” should be kept in mind.

Government defended original decision

The Vijay government had earlier maintained that the exemption was limited in scope and was primarily aimed at information related to community clashes.

TVK Minister CTR Nirmal Kumar had said, “Only community clash related incident details will not be given under RTI because many are asking for RTI on community clash. There are 20 sections under Law and Order, only few sections are exempted from RTI. This is the intention behind the move,” CTR Nirmal Kumar had said.

He had also said that the government could revisit the decision if members of the public objected to it.

“However, if general public expresses discomfort, we will take it to the Chief Minister for further action,” he had said.