The department-related standing committee on personnel, public grievances, law and justice, in its report tabled on Tuesday, disagreed with a June 2013 order of the Central Information Commission (CIC) ruling political parties as "public authorities" that ought to be brought under purview of the RTI Act.
Chairman of the standing committee Shantaram Naik said the RTI (Amendment) Bill, 2013, rightly sought to nullify the CIC order as political parties, neither established nor constituted by or under the Constitution or any other law made by Parliament, could not be classified as public authorities. "They are rather registered/ recognized under the Representation of the People Act, 1951 and Rules/Orders made or issued thereunder," Naik stated in a press release.
The panel noted that provisions of Representation of People Act, 1951 as well as Income Tax Act, 1961 dealt with transparency in the financial aspects relating to the parties and their candidates. "Declaring political parties as public authority under RTI Act would hamper their smooth internal functioning; party rivals may misuse the provisions of RTI Act adversely affecting the functioning of political parties," said Naik, echoing the views articulated earlier by the government.
Naik said that the main act never intended to include political parties within the definition "public authority", which was evident from the fact that there is no mention, directly of indirectly, of political parties in the RTI Act.
He said all six national political parties, except CPI, which were respondent to the CIC order of June 3, 2013, were categorical in their assertion that political parties are not public authority in relation to RTI Act.
The committee had sought views of all recognized national and state parties on the proposed legislation.
INC, NCP, CPI, CPI (M) and Desiya Murpokku Dravida Kazhagam (DMDK) submitted their views in support of proposed amendment. However, the BJD members on committee asserted that their party was opposed to the proposed amendment and instead supported the spirit and tenor of the CIC order.
By and large, the political parties are in favour of transparency in their financial matter in larger public interest, which already exists, the panel observed. The committee, according to Naik, had gathered that the larger view of the civil society was against the proposed amendment to RTI Act. "They are of the view that information relating to financial matter of political parties need to be shared with public as bulk financing to political parties is under Rs 20,000 which is not reported to Election Commission of India and Income Tax Authorities and is, therefore, unaccounted for," he noted.
The attorney general of India, according to the report, was apprehensive that the law may not stand the test of judicial scrutiny as it was creating a class within a class without having any consideration to the principle of intelligible differentia having reasonable nexus with objective of the act. The law secretary, on the other hand, told the panel that the amendments were quite sustainable since Parliament had the legislative competence to override the CIC decision. The committee chose to go with the opinion expressed by the law secretary.
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