The Hindu: New Delhi: Saturday,
October 22, 2016.
It can’t get
more ironical. The 70-year-old Constitution Club of India (CCI) here serves as
a forum for “interaction amongst the past and present members of Parliament,”
and on an average rakes in Rs. 2 crore annually by renting premises that is
owned as well as maintained by the Government of India. The club pays a nominal
rent of Rs. 100 per month.
In a
significant ruling on October 14, on a complaint filed by RTI activist Subhash
Agarwal, a Bench of the Central Information Commissioners Sudhir Bhargava and
Sridhar Acharyulu declared that the club, a stone’s throw from Parliament
House, was a “public authority” under the Right to Information Act.
It was
originally set up in February 1947 for members of the Indian Constituent
Assembly which framed the Constitution.
Post-Independence,
it emerged as a platform for meetings between the present and previous members
of Parliament. At the moment, the club has four conference halls, indoor and
outdoor catering services, coffee shops, billiards room, four lounges, a gym,
spa and a unisex salon.
Queries
under RTI
As a
consequence of the decision of the CIC Bench, the club will now be answerable
to queries under the RTI Act.
In his
petition, Mr. Agarwal, who has made extensive use of the RTI provisions to dig
up details about public bodies had sought information about whether the club
was receiving funds from the exchequer, details of the ownership of the properties,
lands and other assets used by it. Advocate Prashant Bhushan appeared for Mr.
Agarwal. Mr. Agarwal knocked on the doors of the commission when he did not
receive any response from the central public information officer of the club.
In its ruling, the CIC held that the government was rendering administrative
assistance to the club and it survived solely on the state property.
“The
submissions of the officers reveal that the Central government was rendering
administrative assistance to the club and it is under the control of the
government. The club is located on government land and using its buildings and
claimed to be paying Rs. 100 as rent per month, which was not reflected in some
of their annual statements. Either they are not paying rent or it could be no
rent at all. Sometimes they referred to it as licence fee of Rs. 100 or Rs. 250
per month. For some months those details of licence fee payment were also
claimed to be missing. Neither CCI nor the government offices produced any
lease deed. The CCI is surviving on the lands and properties of the Union
Government and is entirely dependent upon the state property with no other
known source of income of its own,” the CIC Bench said.
“The club
makes income of more than Rs. 2 crore on rent by using the land and buildings
of the Union Government, repaired and maintained by the Government, in the
heart of the national capital by paying a nominal amount of Rs. 100 or 250.
Besides this they have monopoly over ‘assistance’ to MPs relating to the research,
academic, sports, conferences and entertainment needs of MPs, former MPs and
others. The submissions by various authorities reveal that the Ministry of
Urban Development, office of the Speaker, CPWD, etc. are wielding complete
control. Their claim about absence of control is not correct.”
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