Indian Express: New Delhi:
Saturday, August 03, 2013.
A day after
the Cabinet nullified the order of the Central Information Commission that
brought political parties under the ambit of RTI, the Centre Friday said it
stood for transparency in the political system but put the ball in the court of
the Election Commission on taking steps to bring openness in funding of
political parties.
“The Election
Commission will have to take the lead in this regard. Political parties will do
as the EC directs,” Law Minister Kapil Sibal told reporters at a special
briefing to explain the rationale behind the Cabinet decision on Thursday to
neutralise the CIC order. Arguing that political parties could not be described
as a public authority, he said even by definition a political party is only a
voluntary organisation of people without any authority vested in them.
“The
definition of public authority given in clause (h) of section 2 of the RTI Act
is well defined to include only such authority or body constituted by or under
the Constitution or by any law made by Parliament, which is substantially
financed directly or indirectly by funds provided by the appropriate
government. Political parties do not fall within the parameters of this
definition,” he said.
He, however,
said this did imply that political parties were above scrutiny and were not
accountable. “It is not as if we are operating under a veil of secrecy.
Political parties are registered and recognised under the Representation of the
People Act, 1951. They receive donations which have to be declared under
Section 29 (c) of the RP Act.... The parties as well as members contesting
elections have to declare assets and liabilities. Contesting candidates have to
give account to district election officer and if there is a false declaration,
they can be penalised. Other than that we also have to file returns to the I-T
department,” Sibal said, maintaining that these showed there are sufficient
provisions.
Dismissing
the contention that political parties get land from the government at
subsidised rates and therefore could qualify to be public authorities, he said
by such a definition even industry houses, schools and hospitals would have to
be designated as public authorities. “Even corporate houses are given
institutional land at cheaper rates. Should they also be termed as public
authorities. Such a formulation will set off a dangerous trend,” he said.
He said the
cabinet on Thursday approved two amendments to the RTI Act — one which makes it
clear that political parties are not public authorities and the other that will
disallow applicability of the recent CIC order on political parties.
Explaining
the urgency behind bringing an amendment Bill in the monsoon session of
Parliament instead of moving the courts, he said not doing so would have meant
operationalisation of the CIC order. The CIC order had asked six parties,
including the Congress and BJP, to appoint information officers.
.JPG)
.JPG)
