The Tamil Nadu government has withdrawn its recent order that sought to exempt the Public (Law and Order) Department from the Right to Information (RTI) Act, 2005. The decision came shortly after the order became public and attracted criticism from political allies, opposition leaders and transparency activists.
Tamil Nadu Withdraws RTI Exemption for Law and Order Department After Backlash
The original order, issued by the Human Resources Management Department on September 21, 2026, 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 notified intelligence and security organisations from the Act.
The state government subsequently revoked Government Order Ms. No. 57, restoring the department to the RTI framework.
What Was the Original RTI Order?
The September 21 government order brought the Public (Law and Order) Department within the exemption mechanism provided under Section 24(4) of the RTI Act.
The department deals with a wide range of law-and-order matters, including police-related inquiries, communal and caste clashes, political protests, preventive detention and certain matters involving human rights.
The move therefore attracted attention because the department’s responsibilities extend beyond conventional intelligence and security functions.
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Why Did the Government Withdraw the Order?
The withdrawal followed criticism that emerged soon after details of the exemption became public.
Representatives of political parties supporting the government also questioned the decision, while opposition leaders and transparency advocates raised concerns about the possible effect on public access to information.
CPI(M) MP Su Venkatesan was among those who criticised the original move. VCK president Thol Thirumavalavan also called for the order to be withdrawn, expressing concern about its implications for human-rights-related information.
Following the backlash, the government announced that the September 21 order would no longer remain in force.
What Information Could Have Been Covered by the Exemption?
The Public (Law and Order) Department handles several sensitive areas of administration.
Its responsibilities include examining reports relating to:
- Police firing incidents
- Deaths in police custody
- Allegations of police torture
- Deaths of remand prisoners
- Communal and caste-related clashes
- Political and student protests
- Agitations involving agricultural labourers
- Preventive detention matters
- Certain cases involving the National Security Act
- Representations made by detainees
- Habeas corpus matters before constitutional courts
The department also deals with reports sent to the Union government concerning law-and-order and communal incidents and prepares responses to questions raised in Parliament.
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Government’s Explanation for the Original Decision
Before the order was withdrawn, Tamil Nadu Law Minister C.T.R. Nirmal Kumar sought to explain the scope of the decision.
According to reports, the minister said the department contains around 20 sections and that the intention was not to place every category of information handled by the department outside the RTI framework. He indicated that certain sensitive matters, including those connected with communal issues, were the focus of the move.
The government had also maintained that the decision would not affect freedom of expression.
The order was nevertheless withdrawn after the public and political reaction.
Activists Raise Transparency Concerns
Transparency and anti-corruption activists questioned whether the entire Law and Order wing should have been classified under the security exemption.
Arappor Iyakkam, an anti-corruption organisation in Tamil Nadu, criticised the original order and argued that information handled by the department could not broadly be treated as intelligence-related.
Human-rights activist Henry Tiphagne and other civil-society voices also called for the exemption to be withdrawn. Their concerns centred on public access to information involving police action, custodial deaths, communal incidents and other matters affecting citizens’ rights.
What Does Section 24 of the RTI Act Say?
Section 24 of the Right to Information Act provides exemptions for intelligence and security organisations that are specified by the appropriate government.
However, the exemption has important limitations. Information concerning allegations of corruption and human-rights violations is not automatically protected from disclosure merely because an organisation falls under Section 24.
The RTI Act also provides a separate procedure for information relating to alleged human-rights violations.
Why the Department’s Role Matters
The Public (Law and Order) Department handles subjects that can directly affect citizens, police accountability and civil liberties.
Apart from security-related matters, its responsibilities include dealing with reports concerning police firing, custodial deaths, alleged torture, communal violence and political agitations.
It also processes certain proposals concerning prosecution for allegedly defamatory articles, news reports and speeches. This places some of its work at the intersection of government administration, policing, journalism and freedom of expression.
RTI Exemption Order Now Revoked
The Tamil Nadu government’s latest order makes clear that Government Order Ms. No. 57 dated September 21, 2026, concerning the exemption of the Public (Law and Order) Department under Section 24(4) of the RTI Act, has been revoked.
As a result, the attempted exemption no longer remains in effect. The development came within days of the original notification and followed criticism from political parties and civil-society groups.
What This Means for RTI Applicants
The withdrawal removes the specific exemption created by the September 21 government order.
For people seeking information under the RTI Act, the development means that the Public (Law and Order) Department has not been placed under the newly proposed blanket exemption created by that order.
However, individual RTI requests can still be subject to other exemptions and procedures contained in the RTI Act. An exemption from one provision does not mean that every document held by a public authority must automatically be disclosed.
Tamil Nadu’s decision to revoke the RTI exemption for the Public (Law and Order) Department came shortly after the original order triggered criticism from political allies, opposition figures and transparency advocates.
The episode has once again highlighted the balance between confidentiality in sensitive security matters and public access to information concerning policing, law and order and government administration.
With the September 21 notification now revoked, the proposed Section 24(4) exemption for the department is no longer in force.