Background and Legal Journey
The PIL was initially filed by the Association for Democratic Reforms (ADR) in 2015, with advocate Prashant Bhushan representing the NGO. The petition argues that political parties should be declared “public authorities” under Section 2(h) of the RTI Act due to the substantial public funding and privileges they receive, such as free airtime during elections and subsidized land rates. In July 2015, the Supreme Court issued notices to the Centre, the Election Commission of India (ECI), and six major political parties, including the Congress, BJP, CPI, NCP, and BSP, seeking their responses to the petition
Despite the issuance of notices, the matter has seen multiple adjournments over the years. Most recently, in February 2025, the Supreme Court deferred the hearing, posting it for the week starting April 21, 2025. The bench, comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, directed all parties to complete their pleadings before the scheduled hearing.
Core Arguments
Petitioners’ Perspective:
- Public Authority Classification: The petitioners contend that political parties perform public functions and are substantially funded by the public exchequer, thereby qualifying as “public authorities” under the RTI Act.
- Transparency in Funding: Bringing political parties under RTI would enhance transparency in political financing, curbing the influence of black money in elections.
- Accountability: As key players in the democratic process, political parties should be accountable to the public, and subjecting them to RTI would facilitate this.
Opposition’s Perspective:
- Internal Functioning: Political parties argue that being under RTI could compromise their internal decision-making processes, including candidate selection and strategy formulation.
- Autonomy Concerns: There is apprehension that RTI coverage might infringe upon the autonomy of political parties, affecting their ability to function independently.
Implications of the Verdict
If Political Parties Are Brought Under RTI:
- Enhanced Transparency: Citizens would gain access to information regarding political funding, candidate selection, and internal governance, fostering greater public trust.
- Reduced Corruption: Increased scrutiny could deter corrupt practices and the misuse of funds within political parties.
- Strengthened Democracy: Transparency would empower voters to make more informed choices, thereby strengthening the democratic process.
If Political Parties Remain Outside RTI:
- Status Quo Maintained: The existing opacity in political party operations and funding would persist.
- Continued Public Skepticism: Lack of transparency may perpetuate public distrust in political institutions.
Current Status
As of now, the Supreme Court has deferred the hearing on the PILs seeking to bring political parties under the RTI Act. The matter is scheduled for hearing in the week starting April 21, 2025. All parties involved have been directed to complete their pleadings ahead of the hearing
