Parties can't be under RTI, Centre tells SC

'Rivals will file queries to hamper outfit's growth'

The Centre has contended before the Supreme Court that bringing political parties under the Right to Information (RTI) Act would lead to a large number of malicious applications, hampering the outfits' smooth functioning.

It contended that the Central Information Commission (CIC) made a liberal interpretation of Section 2(h) of the RTI Act, leading to an “erroneous conclusion” that political parties are public authorities under the law.

“Political parties are registered under the Representation of People Act. If they are brought under the RTI Act, it would hamper their smooth functioning as rivals might file RTI applications with malicious intent,” it said.

“The financial aspects of political parties are already subjected to the Income Tax Act. The Election Commission also places the information provided by political parties in the public domain through its website,” said the Department of Personnel and Training in the affidavit.

It further pointed out that a bill was in fact moved in 2013 in the 15th Lok Sabha to annul the effect of the CIC's 2013 order, which was subsequently referred to a Parliamentary Standing Committee, but could not be passed after dissolution in the House.

It also maintained that political parties are not established under the Constitution or a law made by Parliament. The 2006 RTI law never visualised or considered bringing political parties under its ambit, it added.

On July 7, the apex court had asked the Centre as well as the Election Commission to respond to a plea by the Association of Democratic Reforms and noted RTI activist Subhash Chandra Agrawal to bring six national political parties — the Congress, the BJP, the CPM, the CPI, the NCP and the BSP — under the ambit of the transparency law.

Need accountability

The petitioner claimed political parties should be made accountable and transparent as they exercise de facto power and significant control over the legislature and the executive by disqualifying MPs and MLAs if they did not toe the party line.

The petition referred to the 255th report of the Law Commission of India, citing the practice in various countries, such as United Kingdom, Germany, the United States, Australia, Japan, and Philippines and also in France, Italy, Brazil, Bulgaria, Bhutan and Nepal, where details of all donors and their donations to parties are available for public scrutiny under the RTI.