Political Parties under RTI Act

How did the struggle to bring political parties under Salient Features of June 3rd, 2013, CIC Judgment
RTI begin?
* Political Parties are Substantially Financed by the Central
Association for Democratic Reforms (ADR) had filed an Government: INC, BJP, CPI (M), CPI, NCP and BSP have been
application under the Right to Information Act (RTI) to all substantially financed by the Central Government and hence
national parties in 2010 requesting information about the considered public authority under Section 2(h) (ii) of the RTI Act.
‘10 maximum voluntary contributions’ received by them in Besides, they are also allotted land in Delhi and other state
the past five years, but none of the political parties came capitals, accommodations and bungalows are provided on
forward to reveal that information. While the INC replied concessional rates and they also enjoy total tax exemption
promptly saying it did not fall under the purview of the against the incomes under Section 13 A of the Income Tax Act.
RTI Act, BJP did not even bother to reply.
* Public Character: The criticality of the role being played by
Following which ADR filed a complaint and Subhash these Political Parties in our democratic set up and the nature of
Agarwal (RTI activist) filed a petition with the CIC. The duties performed by them also point towards their public
case was contested for the next three years. character, bringing them in the ambit of Section 2(h).
The CIC order. Elections are contested on party basis and Political Parties affect
the lives of citizens, directly or indirectly, in every conceivable
Finally a full bench of the CIC delivered a landmark
way and are continuously engaged in performing public duty.
judgment on June 3rd, 2013 declaring INC, BJP, CPI (M),
They are also unique because in spite of being non-
CPI, NCP and BSP as Public Authorities within the
governmental, they come to wield directly or indirectly influence
purview of the RTI Act. Accordingly, these political
on the exercise of governmental power. It would be odd to argue
parties were directed to designate Chief Public
that transparency is good for all State organs but not so good for
Information Officers (CPIOs) and the Appellate
Parties, which, in reality, control all the vital organs of the State.
Authorities at their headquarters in six weeks’ time. The
CPIOs so appointed were required to respond to the RTI Preamble of RTI Act: The preamble of RTI Act aims to create an
applications extracted in the CIC’s order in four weeks’ ‘informed citizenry and to contain corruption & hold government
time. and their instrumentalities accountable to the governed.
Response of the Political Parties & the Bill to Amend * Constitutional/Legal Provisions: Political Parties have
the RTI Act. constitutional and legal rights-and-liabilities because of the
following:
Political parties, despite being institutions that uphold the
constitutional and legal framework, did not appeal to the Political Parties are required to be registered with ECI under
court. Instead, there was a move to amend the RTI Act to Section 29A of the R.P. Act, 1951 – a Central Legislation. ECI
keep the political parties out of its purview. calls for details of expenses made by Political Parties in the
elections. Contributions of the value of Rs. 20,000/- and above
The Bill to amend the RTI Act, which was to be tabled in
are required to be intimated to ECI under section 29C of R.P.A.
the monsoon session 2013 of the last Lok Sabha,
witnessed strong opposition from the civil society and ECI is vested with the superintendence, direction and control of
was referred to a Standing Committee. The Committee, elections under Article 324 of the Constitution and can also
in October 2013, agreed to the proposed Amendment, suspend or withdraw recognition of a political party.
notwithstanding the public opinion. In the meantime, the
Bill to amend the RTI Act has lapsed. Political Parties can recommend disqualification of Members of
the House in certain contingencies under the Tenth Schedule
Non-compliance hearing.
‘Exemption from disclosure of information’
After passage of 17 months of the CIC’s order, none of
the six political parties has complied with the CIC’s order. The Section 8 of the RTI Act, Exemption from disclosure of
The commission issued show-cause notices to the information, lists several grounds under which a Public Authority can
political parties for non-compliance hearing on November deny permission that is sought by an RTI request. For eg:
21, 2014. But all the parties were conspicuously absent (a) Information, disclosure of which would prejudicially affect the
from the hearing. sovereignty and integrity of India.
(b) Information which has been expressly forbidden to be in published
06 weeks’by
The co-petitioners in the case Mr. Subhash Aggarwal any court of law.
and ADR requested the CIC f to impose penalties on (c) Information,
these parties (under Section 20 of the RTI Act). Both the applications extracted in thisoforder
the disclosure whichinwould
04 weeks’
causetime.
a breach of
privilege of Parliament or the State Legislature.
petitioners also held in their respective prayers before the
(d) Information received in confidence from foreign government.
bench of CIC that they should be provided exemplary
compensations (under Section 19 of RTI Act). (e) Information, the disclosure of which would endanger the life or
physical safety of any person or enforcement or security purposes.
Order Reserved. (f) Information which would impede the process of investigation or
apprehension or prosecution of offenders.
The CIC yet again sent a notice to the six political parties (g) Cabinet papers including records of deliberations of the Council of
for a hearing on January 7, 2015, but all of these parties
Ministers, Secretaries and other officers.
unitedly boycotted the hearing.
(h) Information which relates to personal information the disclosure of
The CIC has reserved the order in the case. which has no relationship to any public activity or interest.
 FAQs- Political Parties under RTI: Myths Busted
Q: If Political Parties are “private institutions,” then why should
What Does ‘Public Authority’ Mean?
they come under RTI?
2(h) "Public Authority" means any authority or body or
A: A body or an institution does not have to be a part of the institution of self-government established or constituted:
government in order to come under the ambit of RTI. The RTI (a) By or under the Constitution;
Act is applicable to those organizations that pass the test of (b) By any other law made by Parliament;
Section 2(h) of the Act, which defines the term “Public (c) By any other law made by State Legislature;
Authority”. The Section 2(h) says that in addition to the (d) By notification issued or order made by the appropriate
government bodies, those organizations should also come Government, and includes any –
under RTI that fulfil the eligibility mentioned in 2(h)(d)(i) or
2(h)h(d)(ii). (Refer to the box) (i) Body owned, controlled or substantially financed;
(ii) Non-Government organisation substantially financed,
Q: If Political Parties are not government sector offices (i.e directly or indirectly by funds provided by the appropriate
they are neither created by a notification nor by a government Government.
order) then why should they come under RTI?
Q: Will RTI Act be misused and specific questions pertaining to
A: As explained in the first question, it is an incorrect fact that the internal meetings and strategy of the Political Parties be
only government sector offices are supposed to come under asked under the garb of RTIs?
RTI Act. The RTI act has a definition of the term Public
A: Firstly, since Political Parties are taking decisions that are of
authority in Section 2(h) and the provisions of the Act apply
public importance and welfare, they shouldn’t have any
only on the identification of this Authority. The applicability of
objection in making most of their records public. Secondly, the
RTI Act is based solely on this definition of public authority
RTI Act has enough built in protection in the form of the Section
and CIC in its 3rd June, 2013 decision has ascertained that
8 - “Exemption from disclosure of information”.
Political Parties are Public Authorities because they fulfil the
criteria as set up in RTI Act. Q: If Political Parties are already transparent and answerable
to the ECI and IT Dept, then why should they come under RTI?
Q: Are only those bodies or institutions supposed to come
under the RTI that are established “by notification issued or A: Currently, Political Parties reveal only limited amount of
order made by the Government”( i.e. are RTI clauses 2(h)d(i) information both in their submissions to ECI and IT Dept. They
& 2(h)d(ii) independent of 2(h)d?) file details of donations of Rs 20,000 and above received by
them annually to the ECI. Donations less than Rs. 20,000 are
A: There are many court judgements that have cleared the
not reported and Political Parties exploit this loop hole.
confusion whether only those bodies or institutions can come
Similarly, in their IT Returns, the Parties don’t divulge many
under RTI (or can be adjudged as Public Authorities) that have
details of the sources of incomes. Also, Political Parties put out
been established either by a Government’s Notification or
only very limited information regarding their internal functioning
Order. This confusion emerges from the manner in which
details such as total number of members of the Party, internal
Section 2(h)(d) of the RTI Act has been drafted, as can be
elections in the Party, details about the office bearers, criteria
noticed in Ans. 1. Courts have ruled in their judgments that for
to induct members. All this information is about the issues that
a body or institution to be a public authority and to come under
people want to obtain under the RTI Act.
RTI, there is no necessary condition for them to be
established by a Government Order or Notification. The RTI Q: If tax-exemption is made the ground of ascertaining who will
clause 2(h)(d) and clauses 2(h)(d)(i) & 2(h)(d)(ii) are come under RTI, then a whole lot of companies and individual
independent of each other and are not be read together.) should also come under RTI?
Q: Will Political Parties come under the control of Information A: There are already a lot of NGOs, trusts, cooperative
Commissioners and Civil Servants and if that’s the case will it societies, schools, hospitals, sports bodies etc which get the
be detrimental to the India democracy? direct or indirect benefits from the government and are under
the ambit of RTI. Political Parties get most favourable
A: If an organisation comes under RTI it does not mean that
exemptions when compared with other organisations. Also,
the organisation is under the control of the Information
Political Parties have not been brought under RTI solely
Commission. The Commission’s mandate is merely to
because they get tax exemptions. In addition to the tax
ascertain that the RTI’s objectives and provisions are being
exemption and other direct and indirect means of funding by
met by the organisation and the rights of the seekers of the
the government, their nature of work is purely for public good.
information are well taken care of. Even the President’s
Secretariats, Prime Minister’s Office and Secretariats of both Also, Parties wield immense power to control the government
the houses of Parliament are currently under the RTI. and vital state organs. Thus a transparency act that applies on
all branches of the government should also apply to the
Q: Will Political Parties be infested by millions of RTI requests
institutions that form and control the government.
by manipulators?
Q: The implementation of RTI Act will not be feasible as
A: The nature of information in which most of the people will
Political Parties do not maintain many records?
be interested in will be about the funding that Political Parties.
This information regarding Parties’ finance, and other type of A: Political Parties are the most important organ of the state
information in which people express tremendous interest, and like any other department they should also develop
should be put on the Parties’ websites as recommended in systems and processes to document their proceedings.
Section 4 (1)(b) of the RTI Act. This voluntary disclosure will Political Parties perform various important functions in a
reduce the number of RTIs filed. democracy and they should function in a systematic manner.