The Central Information Commissioner (CIC) has issued the order on 3.6.2013 that the six national political parties-INC, BJP, NCP, CPI(M), CPI and BSP are public authorities and hence have to provide information to the seekers under RTI Act, since they are substantially funded by the Central Government. The funding from the Government to them is by providing prime land for their offices at concessional rates, income tax exemptions and free air time given by the public broadcasters during election time etc. It ruled that the political parties, although not owned by the Government, are performing public functions on their own accord and hence have the character of public authority and hence transparency is necessary.
The contention of the CIC that the political parties are receiving substantial amount of their funds from the Government is not true since the bulk of the funds of the political parties is not from the Government or any State institution. In fact the CPI(M) is not accepting funds from the Corporates, even though it is legally permitted.
The transparency of the funding of the political parties is a serious concern. But the Political Parties already are required to submit their accounts to the Income Tax Authorities and the Election Commission. There are already provisions under RTI for obtaining the statement of accounts and finances of the parties, from the Election Commission. If further details of the financing of the parties are required, it can be sought for fromn the Election Commission and it has to be given. It is also better if the parties make their financial statements and accounts available to the public.
But all this does not make the political parties as the public authorities. No political party is receiving bulk of its funds from the Government and hence they are not public authorities. A political party is a voluntary association of citizens who believe in the ideology, programme and leadership of the party. The party is accountable to its members.To apply the RTI and demand access to the internal deliberations of the party whether it be on policy matters or organisational matters or selection of candidates is demanding for infringement of the inner party functioning and confidentiality of discussions. It undermines the political party system itself. It will jeopardize the freedom of association.
It is to be noted that the same CIC has exempted the Rajiv Gandhi Foundation from RTI Act on the ground that it received less than 4 per cent of its funds from the Government. It also stated that the Rajiv Gandhi Foundation is not owned or controlled by Government and hence not a public authority. The other argument of the CIC that the political parties are constituted by registration with the Election Commission and hence hence to be treated as constituted by an appropriate government is ridiculous. The registration of marriage does not make the marriage instituted by the public authority.
Therefore the order of the CIC needs to be repealed.
The contention of the CIC that the political parties are receiving substantial amount of their funds from the Government is not true since the bulk of the funds of the political parties is not from the Government or any State institution. In fact the CPI(M) is not accepting funds from the Corporates, even though it is legally permitted.
The transparency of the funding of the political parties is a serious concern. But the Political Parties already are required to submit their accounts to the Income Tax Authorities and the Election Commission. There are already provisions under RTI for obtaining the statement of accounts and finances of the parties, from the Election Commission. If further details of the financing of the parties are required, it can be sought for fromn the Election Commission and it has to be given. It is also better if the parties make their financial statements and accounts available to the public.
But all this does not make the political parties as the public authorities. No political party is receiving bulk of its funds from the Government and hence they are not public authorities. A political party is a voluntary association of citizens who believe in the ideology, programme and leadership of the party. The party is accountable to its members.To apply the RTI and demand access to the internal deliberations of the party whether it be on policy matters or organisational matters or selection of candidates is demanding for infringement of the inner party functioning and confidentiality of discussions. It undermines the political party system itself. It will jeopardize the freedom of association.
It is to be noted that the same CIC has exempted the Rajiv Gandhi Foundation from RTI Act on the ground that it received less than 4 per cent of its funds from the Government. It also stated that the Rajiv Gandhi Foundation is not owned or controlled by Government and hence not a public authority. The other argument of the CIC that the political parties are constituted by registration with the Election Commission and hence hence to be treated as constituted by an appropriate government is ridiculous. The registration of marriage does not make the marriage instituted by the public authority.
Therefore the order of the CIC needs to be repealed.
కామెంట్లు లేవు:
కామెంట్ను పోస్ట్ చేయండి