MY KOLKATA EDUGRAPH
ADVERTISEMENT
Regular-article-logo Wednesday, 30 April 2025

Supreme Court notice: Why shouldn't political parties come under RTI Act?

The Supreme Court on Tuesday sought responses from government, the Election Commission and six political parties to a petition by a non-government organisation that wants all political parties to be declared as “public authorities” so that they come under the transparency of the Right to Information (RTI) Act.

TT Bureau Published 07.07.15, 12:00 AM

New Delhi, Jul 7 (Agencies): The Supreme Court on Tuesday sought responses from government, the Election Commission and six political parties to a petition by a non-government organisation that wants all political parties to be declared as “public authorities” so that they come under the transparency of the Right to Information (RTI) Act.

”Issue notice,” a bench of Chief Justice H.L. Dattu and justices Arun Kumar Mishra and Amitava Roy said. The parties served notice include the Congress and the Bharatiya Janata Party.

The NGO, the Association for Democratic Reforms, has also sought a direction that the political parties be asked to declare all donations, including those below Rs 20,000.

Lawyer Prashant Bhushan, appearing for the NGO, contended that political parties were public authorities and hence amenable to the RTI Act.

The Central Information Commission, in a June 2013 order, had held that political parties were public authorities and hence should disclose the information under RTI Act. The parties have declined to comply or even turn up for hearings.

”Political parties do not have to pay the income tax on the donations and, moreover, the donations below Rs 20,000 are not to be disclosed under the law by them,” Bhushan said, adding that these parties also controlled the legislature and the law-making process.

Earlier, the NGO had approached the Supreme Court seeking transparency and accountability in functioning of recognised national and regional political parties.

It had claimed that the political parties received huge sums of money in form of donations and contributions from corporates, trusts and individuals but do not disclose complete information about the source of such donations.

In its plea, the NGO had urged the apex court to direct all national and regional parties to disclose details about their income as well as expenditure.

It had also sought declaration of entire details of donations and funding received by the political parties, irrespective of the amount donated and details of donors making donations to them and to electoral trusts.

The petition had claimed that political parties enjoyed a stronghold over their elected members of Parliament and the state legislative assemblies under Schedule 10 of the Constitution, which makes it compulsory for members of either Houses of Parliament or state legislatures to abide by the directions of their parties, failing which they stand to be disqualified.

 

Follow us on:
ADVERTISEMENT
ADVERTISEMENT