Sunday, June 09, 2013

CIC ruling a small step towards a transparent political system

The New Indian Express: New Delhi: Sunday, June 09, 2013.
The ruling of the Central Information Commission (CIC) to bring the political parties under the ambit of the Right to Information (RTI) Act seems to have achieved what the gravest national crisis may have failed to achieve. It has united parties across the political spectrum in vehement opposition to a move which the entire civil society has hailed as a small step towards removing the opaqueness of the political system.
While the government has said that it is “examining” the CIC order and would take into account the concern expressed by political parties, the Congress party ruling at the Centre has dubbed it as “adventurism” that would harm democratic institutions. The CPI(M) feels that the decision is based on a fundamental misconception about the role of political parties in a parliamentary democracy and the Janata Dal (United) insists that political parties cannot be treated as shops.
The petulance with which most political parties have reacted to the ruling underlines the inner contradictions within India’s political system. Having become accustomed to operating in an opaque political landscape, where some of them are being run as personal fiefdoms of an individual or a family, they fear the CIC is opening floodgates of long overdue reforms in the political system which they had resisted all along.
The order is based on the logic that the big political parties are “public authorities” because they are “substantially financed” by the Central government and enjoy access to prime real estate and broadcast time, all of which draw from the public exchequer, and to that extent, they should be accountable to the general public. The CIC has rightly taken note of the criticality of the role being played by these parties in our democratic set-up in arriving at the decision. The nature of duties performed by them also points towards their public character and justifies bringing them in the ambit of Section 2(h) of the RTI Act.
Though it is unclear how the issue will pan out in the long term, the CIC’s order has once again brought the spotlight on the need to ensure accountability of political parties to the people whose aspirations they claim to articulate. Currently, the management of our political parties is like a black box. There are many pieces of information about the functioning of political parties which are crucial, but are not available in public domain. In a democracy the governments are formed on the basis of the informed choice of the electorate. They have every right to know how the parties that seek their mandate function, what the sources of their finances are and how they arrive at decisions that would impact the lives of millions.
It is absurd to contend that bringing political parties under RTI will destroy the political system. During the last seven years of its operation, no democratic institution has collapsed due to enforcement of the law. Rather, RTI has led to the beginning of the process of their cleaning.
Welcome as the CIC order is, its effectiveness will be severely tested by the cussedness of the political parties and their resistance to reform. In the past also political parties across the spectrum have joined hands to resist or delay moves that are in public interest but restrict vested interests of the political class. The way they have ganged up on the issue of electoral reforms is a case in point.
It is common knowledge that ceiling on election related expenditure, determined by the Election Commission (EC), is egregiously violated in the full glare of the public. The EC is notionally equipped to penalise, even disbar, parties that are in blatant violation of election laws. However, in a recent case of paid news against former Maharashtra chief minister Ashok Chavan, the ruling establishment has told the Supreme Court that the commission is only entitled to seek details of such election expenditure and not scrutinise it or go into its truthfulness.
The CIC’s ruling is just a small step towards making the political system more transparent. In itself, it is unlikely to change the way political parties are being run. However, it has underlined the need for change. Since the political parties themselves may not be too eager to initiate it, it is for the civil society to launch a movement for revamping the electoral system and empowering the EC to ensure that the political parties function in a transparent and democratic manner.