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Context: The Chief Justice remarked that the parties may have a valid concern that the RTI Act could be used to seek disclosure of their internal affairs, such as their candidate selection process.

Details

• The Bench headed by the Chief Justice of India heard arguments on whether political parties should be brought under the ambit of the RTI Act as public authorities.
  • The petitioners contended that the parties perform public functions and receive substantial funding from the government. The respondents, including Congress and the BJP, opposed this plea, saying that it would infringe on their autonomy and privacy.
• During the hearing, Chief Justice acknowledged the concerns raised by political parties regarding the potential disclosure of their internal decision-making processes if they were brought under the purview of the RTI Act. He noted that political parties "may have a point" in fearing that accountability under the RTI Act could stretch to include the disclosure of sensitive information, such as the reasons behind selecting particular candidates.
• The court continues to hear the arguments from all sides; it will weigh the concerns of political parties against the principles of transparency and public accountability to arrive at a balanced decision. The final verdict could have wide-ranging consequences for the transparency of political processes in the country.

Bringing political parties under RTI

About

• The Right to Information (RTI) Act 2005 is a landmark legislation that empowers citizens to access information held by public authorities. It is widely regarded as a tool to promote transparency, accountability and good governance in the functioning of the state. However, one area that remains largely opaque and unaccountable is the political sphere, especially the funding and functioning of political parties.

Why need to bring political parties under RTI?

Accountability and Transparency

• Political parties are the main actors in a democracy, as they influence policy decisions, represent public interests, and participate in governance. However, they have often been criticized for a lack of transparency and accountability in their functioning. For instance, there have been allegations of nepotism, favouritism, horse-trading, and criminalization of politics in the selection of candidates and leaders. Moreover, there have been cases of defections, floor-crossing, and coalition breakdowns that undermine the stability and credibility of the government.
• Including political parties under the RTI Act would make them more transparent and answerable to the public, and also help them improve their internal democracy and governance.

Public Funding and Donations

• Political parties receive significant funding, both from the government and private donations. According to the Association for Democratic Reforms (ADR), 66% of the income of 7 national parties in 2021-22 came from unknown sources and 76% of regional parties' income came from unknown Sources in 2021-22.
• The government also provides various benefits to political parties, such as free airtime on state-owned media, tax exemptions, land allotments, security arrangements, etc. Citizens have a right to know how these funds are being utilized and whether there are any conflicts of interest or quid pro quo arrangements.
• The RTI Act would allow citizens to seek information on the financial transactions and funding sources of political parties, and also help them monitor their compliance with the election laws and regulations.

Candidate Selection Process

• The process of selecting candidates for elections is crucial as it determines the quality and representation of leaders in the government. However, this process is often opaque and arbitrary, leaving little scope for public scrutiny or participation. There have been instances of candidates being chosen based on their loyalty, money power, caste, religion, or family connections rather than their merit or public service record. Making this process transparent can help ensure that deserving candidates are chosen based on merit rather than other considerations.
• The RTI Act would enable citizens to seek information on the criteria and methods used by political parties to select their candidates, and also help them voice their opinions and preferences.

Curbing Corruption

• Transparency in political parties can help curb corruption and prevent the misuse of power. When parties are more accountable for their actions, it becomes difficult for them to engage in corrupt practices without public scrutiny. For example, there have been reports of political parties accepting donations from dubious sources or foreign entities that may have vested interests or ulterior motives. There have also been allegations of political parties misusing public funds or resources for their benefit or propaganda.
• The RTI Act would deter such practices by exposing them to public scrutiny and legal action.

Empowerment of Citizens

• The RTI Act empowers citizens to seek information from public authorities, promoting a culture of openness and citizen participation. Bringing political parties under its ambit would enable citizens to have better insights into the workings of the parties they support or vote for. It would also help them make informed choices during elections and hold their representatives accountable for their performance. Moreover, it would foster a dialogue between citizens and political parties on various issues of public interest and concern.

How the RTI Act can benefit the political system

Transparency in Funding and Expenditure

• One of the key aspects of the RTI Act is that it enables citizens to access information about the sources and uses of funds by political parties. This can help create a more transparent and accountable system of political financing, where parties have to disclose their income and expenditure, as well as their assets and liabilities. By making this information public, citizens can monitor how parties raise and spend money, and whether they comply with the legal and ethical norms. This can also help prevent any misuse of public funds or resources by parties or candidates or any undue influence from corporate or foreign donors.

Curbing Corruption and Undue Influence

• Another benefit of the RTI Act is that it can expose any involvement of black money or illicit funds in political affairs. By accessing information about the financial transactions and activities of parties and candidates, citizens can uncover any cases of corruption, bribery, or quid pro quo arrangements. This can help deter parties and candidates from engaging in such practices, as they would face public scrutiny and legal action.
• The RTI Act can also reveal any attempts by corporate or foreign entities to influence the policies or decisions of parties or candidates, either through donations or lobbying. This can help safeguard the sovereignty and integrity of the nation, and ensure that the public interest is not compromised.

Promoting Internal Democracy

• The RTI Act can also help promote a more democratic and inclusive culture within political parties. By providing information about the internal functioning and processes of parties, such as their membership, elections, decision-making, and disciplinary mechanisms, the RTI Act can hold parties accountable for adhering to democratic principles within their organizations. This can help prevent instances of nepotism, favouritism, or authoritarianism within parties, and ensure that all members have equal rights and opportunities to participate and voice their opinions.
• The RTI Act can also encourage parties to adopt more transparent and participatory methods of selecting candidates and formulating policies, which can enhance their credibility and legitimacy.

Empowering Voters

• The RTI Act can also empower voters to make informed choices during elections. By accessing information about the policies, programs, and performance of parties and candidates, voters can evaluate their suitability and competence for public office. This can help voters to compare and contrast different options, and select the ones that best represent their interests and aspirations.
• An informed electorate is essential for a strong and vibrant democracy, where citizens exercise their right to vote responsibly and rationally.

Encouraging Public Participation

• The RTI Act can also foster a culture of openness and dialogue between political parties and the public. By making information available to citizens, parties can become more responsive and accountable to public concerns and opinions. This can help create a more constructive and collaborative relationship between parties and citizens, where they can exchange views and feedback on various issues. Moreover, the RTI Act can also stimulate public interest and involvement in political affairs, as citizens become more aware and engaged with the functioning of parties and candidates.

Concerns raised by Political parties

Autonomy and Privacy

• Political parties are private entities with their own internal functioning and decision-making processes. Subjecting them to the RTI Act may lead to the disclosure of sensitive and confidential information, compromising their autonomy and exposing them to political rivals or adversaries seeking to gain an advantage. For example, information about the party's strategy, funding sources, membership details, or ideological orientation may be misused or manipulated by other parties or interest groups to undermine or discredit them. Moreover, political parties have a right to privacy and confidentiality, as they are not public authorities or funded by the government.

Diversion of Resources

• Compliance with RTI queries and appeals can be time-consuming and resource-intensive for political parties. This diversion of resources may hinder their core activities, such as policy formulation, campaigning, and governance, potentially affecting their effectiveness and efficiency. For instance, political parties may have to dedicate staff and funds to respond to RTI requests, maintain records and documents, and deal with legal challenges or disputes arising from the disclosure of information. This may divert their attention and resources from their primary objectives and responsibilities.

Internal Conflicts

• Disclosing internal information can lead to internal conflicts within political parties, especially if sensitive matters such as candidate selection processes or disagreements within the party are made public. This may create dissent and dissatisfaction among party members or allies, leading to factionalism, defections, or splits within the party. Such internal conflicts can weaken the cohesion and unity of the party, affecting its performance and credibility in the eyes of the public.

National Interest and Public Order

• Some information held by political parties may be sensitive and related to national security or public order. Releasing such information through the RTI Act may have unintended consequences and jeopardize the stability and security of the government or the nation. For example, information about the party's foreign policy stance, defence strategy, or relations with other countries or groups may be exploited by hostile forces or entities to harm the national interest or create unrest or violence in the society.

Steps taken to ensure transparency

• Central Information Commission (CIC) Order: In 2013, the CIC declared six national political parties as public authorities under the RTI Act, which would subject them to transparency requirements. However, the parties have not fully implemented this order, leading to ongoing debates about their inclusion under the Act.
• Supreme Court Directive on Asset Disclosure: In 2014, the Supreme Court directed all candidates contesting elections to disclose their sources of income, assets, and those of their spouses and dependents. This move aimed to increase transparency in electoral candidates' financial affairs.
• Introduction of Electoral Bonds: In 2017, the Election Commission introduced electoral bonds as a new instrument for funding political parties. However, the mechanism has faced criticism for lacking transparency and accountability, as the donors' identities remain anonymous.
• Supreme Court Directive on Criminal Cases: In 2018, the Supreme Court directed all political parties to upload on their websites the details of criminal cases against their candidates within 48 hours of their selection. This step aimed to enhance public awareness about the criminal backgrounds of candidates.
• Amendment to the RTI Act: In 2019, the Lok Sabha passed a bill to amend the RTI Act, proposing changes to the functioning of the Central Information Commission. However, this bill faced opposition from activists and experts who raised concerns about the potential dilution of the CIC's powers and autonomy.

The way forward for bringing political parties under the RTI Act involves a concerted effort from all stakeholders to ensure transparency and accountability.

Steps that can be taken

Consensus Among Political Parties

• Encouraging a consensus among all political parties to accept the inclusion under the RTI Act is crucial. This can be achieved through constructive dialogue and highlighting the benefits of transparency for democracy and public trust.

Clear Definition of Information

• There should be a clear and well-defined classification of what information constitutes public and private for political parties. Specific exemptions and exceptions applicable to them under the RTI Act should be outlined to protect sensitive matters while ensuring transparency in non-confidential areas.

Timely and Accurate Disclosure

• Implementing a mechanism to ensure that political parties comply with timely and accurate disclosure of information is essential. This may involve setting up guidelines and standards for information dissemination.

Effective Dispute Resolution

• A robust system for addressing complaints and appeals arising from RTI queries or responses must be established. This will provide a fair and efficient mechanism for resolving disputes related to information requests.

Monitoring and Evaluation

• Regular monitoring and evaluation of the implementation and impact of the RTI Act on political parties' functioning should be conducted. The Central Information Commission, the Election Commission, civil society organizations, and the media can play a role in assessing the effectiveness of transparency measures.

Public Awareness Campaigns

• Raising awareness among citizens about the importance of transparency in political parties and the role of the RTI Act can foster public demand for accountability.

Ethical and Moral Considerations

• Recognizing that transparency and accountability in political parties are not only legal and constitutional matters but also ethical and moral imperatives will reinforce the need for these measures.

Collaboration and Cooperation

• Collaborative efforts between various stakeholders, including political parties, government institutions, civil society organizations, and the media, can create a conducive environment for promoting transparency

Conclusion

• Bringing political parties under the RTI Act is a vital and progressive step that reinforces the democratic principles of transparency, accountability, and citizen participation. It holds the potential to foster a more informed and engaged electorate and contribute to a stronger and healthier democracy in India. While challenges and concerns exist, a collective commitment to transparency and accountability can overcome these hurdles. By striking a balance between the need for transparency and the legitimate privacy concerns of political parties, India can take significant strides toward building a more robust and accountable political landscape.

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RTI Act: https://www.iasgyan.in/daily-current-affairs/rti-act

PRACTICE QUESTION Q. What are the key justifications for bringing political parties under the scope of the Right to Information (RTI) Act, and how might this inclusion impact transparency and accountability in the political landscape? Discuss potential concerns associated with this move and propose strategies for a smooth implementation process.

https://www.thehindu.com/news/national/supreme-court-acknowledges-political-parties-fear-of-rti-to-disclose-internal-decision-making/article67119070.ece#:~:text=Chief%20Justice%20of%20India%20D.Y.,they%20chose%20a%20particular%20candidate.