No RTI for political parties: Centre tells Supreme Court

The Bill was referred to a parliamentary standing committee in September 2013

Update: 2015-08-25 04:31 GMT
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New Delhi: The Centre on Monday informed the Supreme Court that political parties which are not public authorities ought not to be brought under the ambit of Right to Information Act so as to disclose the political funds received by them.

In its response to the notice issued on a writ petition filed by association for democratic reforms and others, the Centre said during the process of enactment of the RTI Act, it was never visualized or considered to bring political parties within the ambit of RTI.

If political parties are held to be public authorities under the RTI Act, it would hamper their smooth internal working. The Centre said it was also apprehended that political rivals might file RTI applications without malicious intentions thereby adversely affecting their political functioning, which is not the objective of RTI.

It there are already adequate provisions in the Representation of the People (RP) Act which lead to transparency regarding financial aspects of political parties and they are mandated to disclose donations received.

The RP Act also provides for filing of a report by the treasurer of each political party with the Election Commission of India and there is a mandate to declare of assets and liabilities by each candidate.

Referring to the order passed by the Central Information Commission last year bringing all political parties under RTI, the Centre said a Bill was introduced in Lok Sabha by the previous UPA government to amend the RTI Act so as to exclude political parties from the definition of ‘public authority’.

The Bill was referred to a parliamentary standing committee in September 2013 and it has submitted its report. It could not be taken up for consideration by Parliament and the Bill has lapsed, it said and prayed for appropriate orders.

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