Indian
Express: New Delhi: Tuesday, 25 August 2015.
The
government has opposed in Supreme Court a plea to bring political parties under
the ambit of RTI Act, saying this would adversely impact their internal working
and political functioning. Submitting an affidavit, the Department of Personnel
and Training (DoPT) has said the Central Information Commission (CIC)
erroneously ruled in June 2013 that political parties are public authorities
under the RTI Act and, hence, are accountable under the transparency law.
“If political
parties are held to be public authorities under RTI Act, it would hamper their
smooth internal working, which is not the objective of the RTI Act and was not
envisaged by Parliament. Further, it is apprehended that political rivals might
file RTI applications with malicious intentions, adversely affecting their
political functioning,” the affidavit stated.
The DoPT
claimed that the CIC had made a “very liberal” interpretation of RTI Act,
“leading to an erroneous conclusion” that political parties are public
authorities.
In its
judgment, the CIC had said political parties should be held accountable under
the RTI Act since their constitution was akin to setting up a body by the
government and they also performed public functions after availing various
financial aid and concessions by the Centre. But this judgment remained on
paper and the parties did not comply with the mandate of RTI Act.
Complaining
non-compliance, applicants Subhash Chandra Aggarwal and Anil Bairwal of the
Association of Democratic Reforms (ADR) approached the CIC which, in March,
directed the DoPT to take action. ADR and Aggarwal moved a PIL in Supreme
Court, seeking a declaration that political parties are public authorities and
should disclose details of income and expenditure for public scrutiny.
A bench led
by Chief Justice H L Dattu issued notice in July and the DoPT filed an
affidavit last Friday, stating RTI Act never envisaged to bring political
parties under its ambit. It said the CIC was wrong in its judgment since
political parties cannot be termed as public authorities because they are
formed neither under the Constitution nor under any law of Parliament.
Performance of public duty is also not a condition mentioned under the law for
defining a body as a public authority, it stated.
About checks
on financial transactions of parties, the DoPT said there were provisions under
the Representation of the People Act and the Income Tax Act, fastening a
liability on them to make sufficient disclosure regarding income and
expenditure.
Adequate
provisions for explanations and penalties, it claimed, were also stipulated
under these Acts and that Election Commission places all requisite information
on its website. These provisions ensure adequate transparency in financial
aspects of a political party, the DoPT said.
With a view
to “annul the adverse effects of the erroneous conclusion by the CIC,” the
government said, a Bill was introduced in 2013 to amend the RTI Act so as to
specifically exclude political parties from the definition of public authority
but it lapsed with the dissolution of the Lok Sabha in 2014.
Retrograde
step, says AAP
The Aam Aadmi
Party on Monday opposed the Centre’s move to keep political parties out of the
ambit of RTI Act. The party called it a “retrograde step that will lower the
credibility of the political parties”.
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