The New Indian Express: Delhi: Sunday, August 30, 2015.
In a rare
show of unity, all political parties have vehemently opposed bringing
themselves under the Right to Information (RTI) Act. In a pending petition in
the Supreme Court filed by the Association for Democratic Reforms seeking to
bring parties under the ambit of the RTI Act, the Central government has filed
an affidavit opposing it. The main reasons stated are that scrutiny by the Act
would hamper the parties’ smooth functioning, exploited by their rivals and
that they are in any case required to disclose their donations under other
laws.
The debate on
transparency in funding of political parties is not new, but has emerged
globally. The UN Convention Against Corruption, which India has ratified, in
Article 7 requires governments to consider taking appropriate legislative and
administrative steps to enhance transparency in the funding of candidatures for
elected public office and the funding of parties. In the US, federal and state
campaign finance laws require parties to file detailed periodic reports of all
contributions they receive and identify the source of any contribution above a
given threshold. The election commission’s website publishes the information.
Kenya’s Political Parties Act, 2011, mandates that parties should publish their
accounts and complete sources of donations in two newspapers annually and any
person would be entitled to inspect a party’s audited accounts. In South
Africa, a similar petition is pending in the constitutional court asking for a
legislation to be enacted for disclosure of private funding to political
parties.
Like South
Africa, India is a country that is rife with inequality. Wealthy individuals
and corporations are able to influence policy by donating to parties, leaving
the door wide open for corruption, conflict of interest and no accountability.
Transparency and access to information is the first step towards addressing
larger issues such as conflicts of interest and assessing whether a government
is in fact acting in the larger public good.
The
Representation of People’s Act, 1950, is the only law in India that requires
parties to disclose donations above Rs 20,000, but these obligations are
woefully inadequate as they are only required to disclose this to the Election
Commission and Income Tax Department for obtaining tax exemptions. The
disclosures are not made public, there is no monitoring, and no penalties
imposed for incomplete or inaccurate reporting. While we may not have a
comprehensive law regulating political parties, we do have a robust RTI Act
that allows citizens to obtain information from public authorities. The right
to information is inextricably linked to the fundamental right to freedom of
expression under Article 19(1)(a) of the Constitution. It is only when citizens
have access to information on matters of public importance that they can
participate meaningfully in the democratic process.
The current
debate centres around whether parties fall within the definition of ‘public
authorities’ under the RTI Act. The Central Information Commission in Subhash
Chandra Aggarwal and Anr. Vs. INC and Ors. has held that parties were ‘public
authorities’ as the tax exemptions, contributions, free air time on government
television, land allocations and other concessions they received from the
Centre amounted to substantial funding from the government and brought them
within the scope of the Act. Like parties, many other non-governmental
organisations such as the Indian Olympic Association have also been brought
under the RTI Act as they serve a public function as public authorities. The
Karnataka High Court, in the context of the RTI Act, has also held that a
public authority must be one capable of being exercised for the benefit of the
public and relied on the Statement of Objects and Reasons of the RTI Act, which
holds that democracy requires an informed citizenry and transparency of information.
On all these
counts, a strong case is made out for recognising political parties as public
authorities and bringing them under the RTI Act. As we approach the 10th
anniversary of the RTI Act, it is time to strengthen it and enhance the
citizen’s right to know. If we really want an effective, transparent and
accountable government, it needs to begin with full disclosures on political
financing and the RTI Act gives us the opportunity to make it happen.
Kothari
is a founder member of Centre for Law and Policy Research (CLPR), Bengaluru.
Ravi is a senior researcher at CLPR.
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