The Big Picture RTI: Should Political parties be in its ambit?

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27/9/2015

The Big Picture RTI: Should Political parties be in its ambit?

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Summary:
The battle for political parties to be included in the ambit of RTI has got little tougher. The central government has
filed an affidavit before the Supreme Court that political parties need not be brought under the ambit of RTI act. The
government has said that bringing parties in the ambit would lead to hampering of smooth functioning of the political
parties. It also has submitted that order of the central information commission in 2013 declaring political parties as
public authorities under the RTI act was erroneous. All major political parties, except AAP, have also expressed
similar views. The case is before the Supreme Court.
What the government says?
When the RTI Act was enacted, it was never visualized that political parties would be brought within the ambit
of the transparency law.
Political parties were not established by the constitution or an act of parliament and therefore should not be
under the RTI.
Political parties are not public authorities as they are not set up under the Constitution or any law enacted by
Parliament they cant be treated as an institution or establishment.
If political parties come under the RTI it will affect their smooth internal functioning.
Political rivals will start using RTI tool with malicious intent.
There are already provisions in the Income Tax Act, 1961, and Representation of the People Act, 1951, which
demand necessary transparency regarding financial aspects of political parties. These mechanisms ensure
transparency in financial dealings of parties.
Information about a political body is already in the public domain on the website of the Election Commission.
Political parties should be brought under the ambit of RTI: Arguments In favour:
If political parties are kept out, it sets a precedent whereby other institutions can argue that they too be kept
out of its purview because there are too many frivolous claims, too much paperwork, too many NGOs with
suspect motivations and so on and so forth.
Political parties in our country occupy a very central space in democracy. People dont vote so much for
individuals as they do for parties.
Parties come out with great statements before elections. People vote on the basis of which party says what.
Parties finally form the government. And the governments policies are decided based on the ideologies of the
political parties.
In India, it is widely accepted notion that fountain head of the corruption is political funding.
Almost all political parties have got very valuable plots allotted by the Government at prime places in New
Delhi and in their respective capital cities.

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It is therefore, necessary to introduce internal democracy, financial transparency and accountability in the
working of the political parties.
to ensure less influence of industrial houses on policy making: Most of the parties have almost 75% of their
income from unknown sources. Generally corporate and industrial houses give them funds to change
policies, give illegal clearance and to hamper their competitors interest. It may also hamper people and
national interest.
Political parties enjoy a stronghold over their elected MPs and MLAs under Schedule 10 of the Constitution.
The Schedule makes it compulsory for MPs and MLAs to abide by the directions of their parent parties.
It would be within the average voters fundamental right to information to know the financial details of political
parties.
Under Section 29A of the Representation of the People Act, 1951 all political parties must affirm their
allegiance to the Constitution of India and such allegiance is made compulsory for the purpose of registration
under sub-section (7) of Section 29A. Therefore, political parties so registered must furnish information to the
public under the right of information under Article 19(1) (a) of the Constitution of India, since right of
information has been held to be a part of freedom of speech and expression under Article 19(1)(a).
The Law Commission of India in its 170th Report on Reform of the Electoral Laws in May 1999 had
recommended transparency in the functioning of political parties.
Arguments showing the public character of political bodies:
The criticality of the role being played by these political parties in our democratic set up and the nature of
duties performed by them point towards their public character.
Indirect substantial financing by the central government, performance of public duty and Constitutional and
legal provisions vesting them with rights and liabilities.
National parties are virtually funded by the state as they are exempted from filing income tax returns. The RTI
Act says any non-governmental organisation substantially funded by government will be a public authority.
As per Section 29C of the Representation of People Act, 1951, all donations of and above Rs. 20,000/- made
to political parties are required to be reported to the income tax department. This obligation cast on the
political parties points towards their public character.
Section 80 GGB of the income tax Act provides that contribution made by an individual or company to a
political party is deductible from the total income of the assesse. This provision is exclusively applicable to the
political parties and is suggestive of indirect financing of the political parties by the State.
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