SC to take up in April PILs seeking to bring political parties under purview of RTI Act

The Supreme Court on Friday asked the Centre, the Election Commission and six major political parties to file their responses to petitions seeking to bring political parties under purview of the Right to Information Act (RTI) to increase transparency and check the use of black money in elections.

Asking the parties to file their written statements not exceeding three pages, a Bench led by Chief Justice Sanjiv Khanna said it would take up the petitions filed by Association for Democratic Reforms (ADR) and advocate Ashwini Upadhyay for final hearing after April 21.

On behalf of the ADR, Bhushan contended that political parties should be considered public authorities under the RTI Act due to the significant public funding and privileges they receive, such as free airtime during elections and subsidized land rates.

The top court, on July 7 2015, issued the notices to the Centre, the election commission and six political parties - Congress, BJP, CPI, NCP and BSP, on ADR’s PIL seeking to declare all national and regional political parties "public authorities" to bring them under the ambit of the RTI.

While ADR’s petition has been pending for more than a decade, Upadhyay moved the top court on the issue in 2019.

The Central Information Commission (CIC) had on June 3, 2013 passed an order that political parties, which receive benefits like tax exemptions and land from the government, be brought under the RTI for ensuring transparency in the political system. The CIC had ruled that six recognized political parties were “public authority” within the meaning of Section 2(h)(d) of the RTI Act, 2005 and were obliged to dole out information sought by citizens.

As ADR and Upadhyay sought implementation of the CIC verdict, the Centre opposed the PILs, maintaining that political parties could not be brought under the purview of the RTI Act. Solicitor General Tushar Mehta had contended that the June 3 2013 CIC verdict can’t be used to seek a direction to bring recognised political parties under the ambit of the RTI Act.

Acknowledging their apprehension against being brought under the ambit of the RTI Act, 2005, the Supreme Court had on July 25, 2023 said political parties had a point in being concerned about disclosing details of their internal discussions. “They have a point when they say, don’t ask us to disclose how we choose our candidates,” a Bench led by the then CJI DY Chandrachud had said.