[National Election Watch news] Political Parties under RTI rules Central Information Commission (CIC)

Dear Friends,

CIC has just delivered this landmark judgment ruling that Political parties should come under the ambit of RTI. Political parties have long resisted opening themselves to public scrutiny. People have long been demanding that there should be complete transparency in their financial and internal functioning. Various commissions including Law Commission report, Election Commission and NCRCW have already recommended that political parties should demonstrate transparency through various measures. CIC should be immensely complimented for passing this landmark judgement to enable the citizens of India so that they can access information about the Political Parties for which they vote for.

Full bench comprising of Chief Information Commission Shri. Satyananda Mishra, Information Commissioners Shri. M.L. Sharma and Smt. Annapurna Dixit while passing judgement in the complaint filed by Association of Democratic Reforms (ADR) and Subhash Chandra Aggarwal, the hearing for which took place on 26th September 2012 and 1st November 2012, has commented the following-

“.. we hold that INC, BJP, CPI(M), CPIO, NCP and BSP have been substantially financed by the Central Government under section 2(h)(ii) of the RTI Act. The criticality of the role being played by these Political Parties in our democratic set up and the nature of duties performed by them also point towards their public character, bringing them in the ambit of section 2(h). The constitutional and legal provisions discussed herein above also point towards their character as public authorities. The order of the Single Bench of this Commission in Complaint No. CIC/MISC/2009/0001 and CIC/MISC/2009/0002 is hereby set aside and it is held that AICC/INC, BJP, CPI(M), CPI, NCP and BSP are public authorities under section 2(h) of the RTI Act.”

ADR filed RTIs, seeking information regarding contributions received by the various Political Parties, in October 2010 in response to which except CPI all other political parties refused to disclose information stating that they don’t come under RTI act. Subsequently, a complaint by filed with the CIC in March 2011 requesting that Political Parties should be declared as public authorities.

The bench has further held that

“The Presidents, General/Secretaries of these Political Parties are hereby directed to designate CPIOs and the Appellate Authorities at their headquarters in 06 weeks time. The CPIOs so appointed will respond to the RTI applications extracted in this order in 04 weeks time. Besides, the residents/General Secretaries of the above mentioned Political Parties are also directed to comply with the provisions of section 4(1) (b) of the RTI Act by way of making voluntary disclosures on the subjects mentioned in the said clause.”

Please find attached the copy of the CIC Judgement ruling that Political Parties should come under the ambit of RTI

For details regarding Political Parties under RTI, Please visit- http://adrindia.org/content/political-parties-under-rti

Thanks and Regards

Association for Democratic Reforms

“Kiwanis Centre”, 4th Floor,

B-35, Qutub Institutional Area

(Near Rockland Hospital)

New Delhi-110 016

M: +91 8010394248

T: +91 11 40817601 (ext. 28 and 21)

F: 011 4609 4248

The above is from the mail I receive from ADR.

I hope you will all join me in congratulating them.

This organisation is playing a great role in cleaning up our electoral system.