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The Supreme Court on Friday scheduled a hearing in April for petitions demanding that all recognized political parties be brought under the ambit of the Right to Information (RTI) Act.
A bench comprising the Chief Justice of India and Justice Sanjay Kumar directed all parties to complete their pleadings, setting the hearing for the week beginning April 21.
The petitions seek a declaration that national and regional political parties qualify as “public authorities” under the RTI Act. Among the respondents in the case are major political parties, including the Congress and the Bharatiya Janata Party (BJP).
The petitions, including one filed by the NGO Association for Democratic Reforms, reference past orders from the Central Information Commission (CIC) in 2013 and 2015. These orders stipulated that political parties receiving government benefits such as tax exemptions and land should be subject to RTI scrutiny to enhance transparency in the political system.
The Communist Party of India (Marxist) (CPI-M) filed a submission supporting financial transparency in political parties while opposing mandatory disclosure of internal decision-making processes, including candidate selection. CPI(M) stated that while it supports financial accountability, it should not be compelled to disclose its internal deliberations under RTI.
The Central government argued before the bench that CIC’s order cannot serve as the basis for a Supreme Court directive to bring political parties under RTI jurisdiction.
The pleas seek a declaration designating all national and state-recognized political parties as “public authorities” under the RTI Act. Advocate Ashwini Upadhyay, one of the petitioners, argued that under Section 29C of the Representation of People Act, political parties must report their donations to the Election Commission of India, reinforcing their public character.
He urged the court to interpret the Tenth Schedule of the Constitution alongside Sections 29A, 29B, and 29C of the Representation of People Act (RPA) to declare political parties as public authorities under Section 2(h) of the RTI Act.
The petition also highlighted that the Election Commission of India has the authority to allocate election symbols to political parties and revoke them for violations of the Model Code of Conduct, further emphasizing their public nature. Additionally, it pointed out that political parties receive tax exemptions, constituting indirect government financing under Section 2(h) of the RTI Act.
Upadhyay’s plea further sought directives requiring all registered and recognized political parties to appoint Public Information Officers and Appellate Authorities and to disclose relevant information under the RTI Act within four weeks.
