The Supreme Court will hear petitions in April seeking to classify political parties as “public authorities” under the Right to Information Act, enhancing transparency regarding their funding and operations. Despite previous rulings by the Central Information Commission, parties like Congress and BJP resist this change, while CPI(M) supports some transparency but opposes revealing internal decisions.
New Delhi: The Supreme Court on Friday (Feb 14th) scheduled a hearing in April on a series of petitions seeking to bring all recognized political parties under the ambit of the Right to Information (RTI) Act. A bench led by the Chief Justice of India and Justice Sanjay Kumar directed all parties to complete pleadings before the matter is heard in the week starting April 21.
The petitions, including one filed by the NGO Association for Democratic Reforms (ADR), argue that national and regional political parties should be declared “public authorities” under the RTI Act. This would increase transparency by allowing citizens to seek information about their funding, decision-making, and internal operations.
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In 2013 and 2015, the Central Information Commission (CIC) ruled that political parties receiving government benefits like tax exemptions and land should be brought under RTI. However, political parties have consistently resisted this move.
Several parties, including the Congress and Bharatiya Janata Party (BJP), are respondents in the case. The Communist Party of India (Marxist) (CPI-M) has supported financial transparency but opposed revealing internal decision-making, such as why a candidate is chosen.
“There cannot be requests (under RTI) on why a candidate has been selected and for what reasons, and details on the internal decision-making process of a party,”
CPI(M) stated in its submission to the court.
The Central government has opposed using CIC orders to seek a Supreme Court writ compelling political parties to comply with RTI. However, advocate Ashwini Upadhyay, one of the petitioners, argued that:
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- Under Section 29C of the Representation of People Act (RPA), political parties must report donations to the Election Commission of India (ECI), proving their public character.
- The Election Commission’s power to allot election symbols and regulate party recognition further establishes their public nature.
- Political parties enjoy tax exemptions, which amounts to indirect public funding, making them accountable under the RTI Act.
The petitioners have requested the court to:
- Declare all national and state-recognized political parties as “public authorities” under RTI.
- Mandate all political parties to appoint a Public Information Officer and an Appellate Authority within four weeks.
- Ensure compliance with RTI disclosure norms.
With the Supreme Court set to hear the matter in April, the case could significantly impact political transparency in India.
Case Title – ASSOCIATION FOR DEMOCRATIC REFORMS vs. UNION OF INDIA CABINET SECRETARY| Diary No. – 16902/2015 and connected matter
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