In a landmark ruling that has wider ramifications and would help ensure transparency in the functioning and funding of political parties, the Central Information Commission has held that political outfits are public authorities and are thus answerable to the citizens under the RTI Act.The Commission has said the six leading national parties-the ruling Congress, BJP, NCP, CPM, CPI and BSP, against whom only the RTI activists sought details in their petition, are substantially funded indirectly by the Central government and therefore they have the character of public authority under the RTI Act as they perform public functions.
One of the biggest reasons for the thriving black money in the system is political funding which is nothing but opaque and non-transparent. Despite many social leaders calling for making political funding transparent, successive governments have turned a Nelson's eye on the subject as they fear such a step will dry up their revenue stream. The CIC order implies that at least these six parties will have to answer under the RTI Act any questions regarding their quantum, mode and source of funding, how they spend money and choice of candidates for elections, among other issues. The CIC has directed these parties to appoint 'public information officers' within six weeks to respond to RTI queries and adhere to all the legal provisions.
"In view of the nature of public functions performed by political parties…we conclude that political parties in question are public authorities under section 2(h) of the RTI Act," the CIC bench, comprising chief information commissioner Satyanand Mishra and commissioners Annapurna Dixit and ML Sharma, said yesterday. The commission further held that political parties have the character of public authorities and "we hold that the Congress, BJP, CPM, CPI, NCP and BSP have been substantially financed by the Central government under section 2(h)(ii) of the RTI Act".
The bench also said the income tax exemptions granted to these parties and free air-time given by All India Radio and Doordarshan during elections also substantially contribute to indirect financing from the government.On the performing of public duty point raised by Bairwal, the CIC held that political parties "affect the lives of the citizens, directly or indirectly in every conceivable way and are continuously engaged in performing public duty. It is, therefore, important that they become accountable to public". "We are of the opinion that bringing the political parties in the ambit of RTI Act is likely to usher an era of transparency in their functioning. Besides, it would result in strengthening of democracy and democratic institutions in the country," the commission said.
Activist Anil Bairwal of the Association of Democratic Reforms and RTI activist Subhash Agrawal had sought information from these parties but were refused, forcing them to move the CIC. While Agrawal had sought information from the Congress and BJP, while Bairwal had sought details of funding and donors from all these six major parties on their funding, candidate selection et al. After detailed hearings where representatives of these parties opposed bringing them under the RTI Act, the CIC full bench held in a 54-page order that they fulfill the criteria of being public authorities under the Act. The CIC based its decision on three important points raised by complainants substantial funding received by the parties from government, performance of public duty by them and legal provisions vesting them with rights and liabilities.
