Supreme Court to hear in April pleas to bring political parties under purview of RTI Act

NEW DELHI: The Supreme Court on Friday posted for hearing in April the pleas seeking directions to bring all recognised political parties under the ambit of the Right to Information (RTI) Act. A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar asked all the parties to complete all the pleadings in the case and posted the matter for hearing in the week starting April 21.

The apex court was hearing a batch of petitions seeking a declaration that national and regional political parties were “public authorities” under the RTI Act. Several parties, including the Congress and the Bharatiya Janata Party (BJP), are arraigned as respondents in the case.

The petitions, including the one filed by the NGO Association for Democratic Reforms, said the Central Information Commission (CIC), in 2013 and 2015, had ordered that political parties which receive benefits like tax exemptions and land from the government, be brought under the RTI for ensuring transparency in the political system.

Communist Party of India (Marxist) had moved the top court saying it supported the cause of financial transparency of political parties in the area of financial matters but was against parties being compelled to disclose internal decisions, including why they chose a particular candidate. CPI(M) had said the party has no objection to the RTI Act with regard to ensuring financial transparency, but “there cannot be requests (under RTI) on why a candidate has been selected and for what reasons, and details on the internal decision making process of a party”.

The Central government had told the bench that an order of the Central Information Commission (CIC) cannot be used to seek a writ from the top court to bring recognised political parties under the ambit of the RTI Act.

The pleas sought directions to declare all national and state-recognised political parties as a ‘public authority’ and hence come under the ambit of the Right to Information (RTI) Act.

Advocate Ashwini Upadhyay who also filed a petition said, “As per section 29C of the Representation of People Act, donations received by political parties are required to be reported to the Election Commission of India. This obligation points towards their public character. Therefore, this court can declare that political parties are a ‘Public Authority” under Section 2(h) of the RTI Act, 2005 by reading Tenth Schedule of the Constitution with Sections 29A, 29B and 29C of the RPA”.

The plea further said that the power of the Election Commission of India to allot election symbols to political parties for their recognition and suspend or withdraw it in violation of the Model Code of Conduct was indicative of their public character”. Moreover, the Political Parties get tax exemptions, which amounts to indirect financing of the political parties in terms of Section 2(h) of the RTI Act,” it said.

Upadhyay’s plea also sought directions to declare that all registered and recognized political parties should, within a period of four weeks, appoint the Public Information Officer, Appellate Authority and make disclosures under the RTI Act, 2005. (ANI)