SC defers hearing on PILs seeking to bring major political parties under RTI

New Delhi: The Supreme Court on Thursday deferred the final hearing on two PILs seeking to bring major political parties under the ambit of the Right to Information Act to ensure accountability and restrict the use of black money during polls.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was to hear the PILs filed by the Association for Democratic Reforms (ADR), an NGO, and lawyer Ashwini Updhyay on the issue.

The CJI, who is demitting office on May 13, said these pleas will not be taken up for hearing now, adding that they will remain on board and may be heard on May 15.

On February 14, the top court asked the Centre, the Election Commission and six political parties to respond to the PILs seeking to bring them under the ambit of the Right to Information (RTI) Act.

"We will take it up on a non-miscellaneous day for the final hearing. In the meanwhile, the pleadings have to be complete,” the CJI had said.

Advocate Prashant Bhushan, representing ADR, said his plea was pending for the last 10 years.

The top court, on July 7, 2015, issued the notices to the Centre, the Election Commission and six political parties, including the Congress, BJP, CPI, NCP and BSP, on ADR's plea seeking to declare all national and regional political parties "public authorities" to bring them under the ambit of the RTI.

A similar plea was filed by Upadhyay in 2019 for bringing political parties under the RTI to make them accountable and curb the use of black money in polls.

In his plea, Upadhyay also sought directions to the Centre to take steps to deal with the menace of corruption and communalisation.

"Declare the political parties, registered under Section 29A of the Representation of the People Act, 1951, a 'Public Authority' under Section 2(h) of the Right to Information Act, 2005, to make them transparent and accountable to the people and curb the use of black money in elections," the plea said.

The PIL sought a direction to the poll panel to ensure compliance of the RTI Act and other laws related to political parties and deregister them if they fail to abide by them.

"Direct the Election Commission to ensure compliance of the Representation of the People Act, Right to Information Act, Income Tax Act and other election laws and rules so far as they relate to political parties and de-register them if they fail to comply with the election laws and rules," it added.

Referring to instances of corruption and indirect funding to political parties, the petition said the Central and state governments have allotted land/buildings and other accommodation in prime locations to the parties all over the country either free of cost or on concessional rates.

"This amounts to indirect financing of the political parties. Doordarshan allots free airtime to political parties during elections. This is another instance of indirect financing," it alleged.

"If closely monitored and totalled, the full amount of public funds spent on political parties would possibly amount to thousands of crores," the plea said.

It further said a body or entity does not become a political party in the legal sense until the Election Commission under Section 29A of the Representation of the People Act registers it.

"Therefore, this registration lends it the colour of public authority," it added.

The ADR, in a separate plea, also sought a direction to the political parties to declare all donations, including those below Rs 20,000.

Bhushan contended that political parties were public authorities and hence amenable to the RTI Act.

The Central Information Commission, in a detailed order, held previously that political parties were public authorities and therefore should disclose the information under the RTI Act.

"Political parties do not have to pay income tax on donations and, moreover, donations below Rs 20,000 are not to be disclosed under the law by them," the lawyer said.

The parties also controlled the legislature and the law-making process, he added.

The NGO sought transparency and accountability in the functioning of the recognised national and regional political parties.

It claimed that the political parties received huge sums of money in the form of donations and contributions from corporates, trusts and individuals, but did not disclose complete information about the source of such donations.

The NGO also sought declaration on donations and funding received by the political parties, irrespective of the amount, along with details of the donors and donations to electoral trusts.

The plea said political parties enjoyed a stronghold over their elected MPs and MLAs under Schedule 10 of the Constitution that makes it compulsory for the members of either House of Parliament or state legislatures to abide by the directions of their parties, failing which they stand to be disqualified.