RTI and Political Party Accountability...!!

Supreme Court held that non-governmental organizations (NGOs), substantially financed by the appropriate government will fall within the ambit of ‘public authority’ under the RTI Act.

Which are the important provisions of the RTI Act?

1. The preamble of the act mentions the objective. That is,

a. Creation of an ‘informed’ citizenry,b. Containment of corruption andc. Holding of government and its instrumentalities accountable to the citizens.

2. Section 2(h) of the Act defines the term ‘public authority’. It covers both

a) Authority/body/institution of self-government established or constituted by or         under the Constitution

b) NGOs substantially financed, directly or indirectly by governments.

What does the judgment say?

1. In D.A.V. College Trust and Management Society Vs. Director of Public Instructions case, the court resorted to ‘purposive interpretation’ (i.e. in the context of the benefits of the law to the masses)

2. It held that ‘Substantial’ means a large portion which can be both, direct or indirect and not necessarily more than 50% or certain formula.

3. This can have an impact on bringing the national political parties under the ambit of the RTI.

Why do Political Parties need to be accountable?

1. The Law Commission opined that political parties are the lifeblood of our entire constitutional system.

2. Through them, the interests and issues of the people get represented in Parliament.

3. Since elections are contested on party lines in our parliamentary democracy, the agenda of the government is set by them.

4. Also, Dr. B.R. Ambedkar observed the working of organs of the state depend on the people and the political parties.

How effective are the efforts?

1. In 2013, Central Information Commission (CIC) declared that all national parties came under ‘public authorities’ and were within the purview of the RTI Act.

2. Under Section 19(7) of the Act, CIC’s order is ‘binding’. However, none of the political parties complied with it.

3. The Right to Information (Amendment) Bill, 2013 tried to keep political parties explicitly outside the purview of RTI. But it lapsed with the dissolution of 15th Loksabha.

4. A PIL in the Supreme Court seeking a declaration of political parties as ‘public authority’ is still under consideration.

How does this judgment help?

1.  The national parties are ‘substantially’ financed by the Central government as the various concessions, such as

a. allocation of land,b. accommodation,c. bungalows in the national and State capitals,d. tax exemption against income under Section 13A of the Income Tax Act,e. free airtime on television and radio, etc.

2. This easily satisfies the prerequisite of Section 2(h) of the RTI.

3. Also, citizens can hold any such entity accountable by asking for information regarding the usage of public money.

4. The judgment has made the demand for inclusion of political parties under the ambit of the RTI Act, valid and feasible.