Petition In SC For Bringing Political Parties Under RTI Act [Read Petition]

A petition has been filed before the Supreme Court praying that the political parties be declared as public authority under the RTI Act.

The petition moved by advocate and social-political activist Ashwini Kumar Upadhyay pleaded that since the political parties enjoy great powers and “indirect financing”, they be brought within the ambit of RTI Act and any party that refuses to share necessary information be deregistered.

This comes on the lines of a similar issue raised by RTI activist Subhash Chandra Agarwal in response to which the Centre had stated that it cannot bring political parties under the RTI Act.

In 2013, the Central Information Commission had ruled that political parties come within the ambit of RTI Act since they are substantially financed by the Centre.

In his petition moved on Tuesday, Upadhyay cited various areas which reflect the public character of political parties.

He said in his petition that “the Tenth Schedule of Constitution vests great powers with the political parties in as much as they can oust even an elected member – whether Member of Parliament or Legislature of State Assembly - from the party if he steps out of party line. As per Section 29C of the RPA, donations received by political parties are required to be reported to the Election Commission. This obligation cast on the political parties also points towards their public character”.

He said: “The Central and state governments have allotted land/ buildings/ other accommodations in prime locations to political parties all over the country either, free of cost, or on very concessional rates. This also amounts to indirect financing of the political parties.

“Doordarshan allots free airtime to political parties during the elections. This is another instance of indirect financing of the political parties. As the political parties are the life blood of the entire constitutional scheme in a democratic polity and as they are directly and indirectly financed by the Central and state governments in various ways…political parties need to be declared “public authority” under Section 2(h) of RTI Act,” he said.

He also relied on Section 80 GGB of the Income Tax Act, which provides that contribution made by an individual, or company to a political party is deductible from the total income of the assesee and said the provision is exclusively applicable to the political parties and is suggestive of indirect financing to the political parties by the state.