Political parties did not implement the Central Information Commission’s (CIC) full bench order delivered on June 3, 2013 that brought political parties under the ambit of the RTI. They were not bothered about it till the appellants approached the Supreme Court. Now the central government has filed an affidavit before Supreme Court that “political rivals might file RTI applications with malicious intentions, adversely affecting their political functioning” and opposed the move.
Just after the CIC order, the Union Cabinet headed by then PM Manmohan Singh had observed in August 2013 that the CIC had made a “liberal” interpretation of Section 2(h) of the RTI Act, leading to an “erroneous” conclusion that political parties were public authorities. It was also pointed out that bringing political parties under the Act was never visualised when the law was made.
After the CIC order, India became the third country– others are Poland and Nepal—among around 100 with a transparency law which covered its political parties. The CIC’s order was based on its conclusion that political parties receive government land at subsidized rates, tax exemptions and many other benefits which bring them within the definition of organisations “substantially financed” by the government.
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It is clear that the majority of the political parties and the union government are afraid of intelligent use of RTI rather than any misuse of it. It is clear that people i.e. RTI appellants, would be interested in the funding of political parties which has been a very grey area, rather than their functioning.
Those exemptions the political parties and the government want can be claimed even with the present exemption clause 8(1) d of the RTI Act which says that “Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information” can be denied.
These parties, their legislatures, passed one of the most easy-to-use transparency laws in 2005, but just before the RTI Act completes a decade, the government’s affidavit seems to be a step backward from the
possible reform of funding of political parties.
It is believed that Congress, now in opposition, has asked its functionaries to use the transparency law to expose the misdeeds of the central government. The BJP does the same in the states where it is in opposition. Other parties are doing it as well. The current PMO website speaks of the government’s “Quest for Transparency” but it is clear from its affidavit to the Supreme Court that the old adage holds true: nearer the church,farther from god.
Shyamlal Yadav is one of the pioneers of the effective use of RTI for investigative reporting. He is a member of the Investigative Team. His reporting on polluted rivers, foreign travel of public servants, MPs appointing relatives as assistants, fake journals, LIC’s lapsed policies, Honorary doctorates conferred to politicians and officials, Bank officials putting their own money into Jan Dhan accounts and more has made a huge impact. He is member of the International Consortium of Investigative Journalists (ICIJ). He has been part of global investigations like Paradise Papers, Fincen Files, Pandora Papers, Uber Files and Hidden Treasures. After his investigation in March 2023 the Metropolitan Museum of Art, New York returned 16 antiquities to India. Besides investigative work, he keeps writing on social and political issues. ... Read More