Background
The Supreme Court of India is set to hear a Public Interest Litigation (PIL) seeking to bring all national and regional political parties under the ambit of the Right to Information (RTI) Act, 2005. The petition, filed by the Association for Democratic Reforms (ADR), argues that political parties should be declared as “public authorities” under Section 2(h) of the RTI Act, thereby mandating them to disclose information related to their functioning and funding.
Legal Context
The RTI Act was enacted to promote transparency and accountability in the functioning of public authorities. However, political parties have so far been exempt from its purview. The Central Information Commission (CIC) had, in 2013, ruled that six national political parties should be considered public authorities under the RTI Act. Despite this, the parties have not complied with the directive, leading to the current legal challenge.
Arguments
Petitioners’ Viewpoint:
- Political parties play a crucial role in the democratic process and receive substantial public funding and benefits, such as tax exemptions and free airtime on state media.
- Bringing them under the RTI Act would enhance transparency, especially concerning their funding sources, candidate selection processes, and internal functioning.
Opponents’ Viewpoint:
- Political parties argue that they are not public authorities and that inclusion under the RTI Act would hamper their internal decision-making processes and autonomy.
- They express concerns about the potential misuse of RTI provisions to target political opponents.
Current Status
The Supreme Court has deferred the hearing on the matter, requesting responses from the Centre, the Election Commission, and the concerned political parties. The case is expected to be heard after the court’s summer recess.
Implications
A decision to bring political parties under the RTI Act could significantly enhance transparency in Indian politics, particularly in areas related to political funding and candidate selection. It would align with global best practices and strengthen democratic accountability.
