New Delhi, Aug 30 (PTI)
The Constitution Club has stonewalled efforts to scrutinise its funding and functioning under the Right to Information Act saying it does not come under the ambit of the transparency law.
The Delhi-based Club has submitted before the Central Information Commission that it is not a public body but a "society" under the Societies Registration Act, hence not liable for responding to queries under the law.
"The Constitution Club is neither an institution constituted or established ''by or under'' the Constitution or by a central or state legislation.
"Also no notification has been passed by any appropriate government as yet and even if any such notification has been passed even then under sub-clause (d) of clause (h) of Section 2 of the RTI Act, the appropriate government can include an institution within the scope of public authority only it is owned, controlled or substantially financed, directly or indirectly funded by the appropriate government," it said.
The case relates to queries raised by transparency activist Subhash Chandra Agrawal who had sought to know from the Club information about funding, functioning and facilities availed by its members in a 45-point questionnaire.
He also sought to know if the Club gets funding from Board of Control for Cricket in India (BCCI) and the extent of such funding.
When the club did not send any reply within the mandated 30-day period under the RTI Act, Agrawal filed a complaint with the Central Information Commission.
The Club manager Arvind Kumar submitted his reply in response to show cause notice issued by the Commission. He cited a number of cases of different High Courts and State Information Commissions to buttress his point.
The club membership comprises of sitting and former members of Parliament. It was constituted in 1947 for the benefit of the members of Indian Constituent Assembly and was registered under the Societies Registration Act in 2001. PTI ABS