Political Parties covered under RTI Act - Directed to furnish information - CIC
IN a landmark order yesterday, the Central Information Commission ruled that political parties are covered under the RTI Act and were required to furnish information under the Act. The Order of course covered only 6 political parties, namely, Indian National Congress, Bhartiya Janata Party, Communist Party of India (Marxist) (CPM), Communist Party of India(CPI), Nationalist Congress Party(NCP); and Bahujan Samaj Party(BSP)
The Commission noted the following facts:-
(A) Legal/General
(a) that the Political Parties are the building blocks of a constitutional democracy;
(b) that under Tenth Schedule of the Constitution, a Political Party can have a Member of the House disqualified in certain circumstances;
(c) that a Political Party is required to be registered by the Election Commission of India under section 29A of the Representation of People Act, 1951;
(d) that under section 29C of the RP Act, 1951, a Political Party is required to submit a report for each Financial Year to the Election Commission of India in respect of contributions received by it in excess of 20,000/- rupees from any person as also contributions in excess of 20,000/- rupees received from non-Government companies;
(e) that in exercise of its powers under Article 324 read with section 29A of the RP Act, 1951 , and rules 5 & 10 of the Conduct of Election Rules, 1961, the Election Commission has issued Election Symbols(Reservation & Allotment) Order, 1968, under which election symbols are allotted to various National/State Political Parties;
(f) that Election Commission can suspend or withdraw recognition of a recognized political party in the event of violation of provisions of Election Symbol(Reservation & Allotment) Order, 1968;
(g) that Central Information Commission's order dated 29.4.2008 directing the Political Parties to disclose their Income Tax Returns holds the field and is being complied with.
(B) Financial
(a) that the Land & Development Office of the Ministry of Urban Development has allotted large tracts of land in Delhi to various Political Parties either free of cost or at concessional rates;
(b) that the Directorate of Estates, Ministry of Urban Development, has allotted accommodation in Delhi to various Political Parties on rental basis at concessional rates;
(c) that Political Parties have been claiming and granted total tax exemption under section 13A of the Income Tax Act for all their income;
(d) that the State has been indirectly financing Political Parties by way of free air time on All India Radio and Doordarshan of India during the elections; &
(e) that recognized Political Parties are issued copies of electoral rolls by the Election Commission, free of cost, at the time of elections.
Substantial Financing: Thirty per cent of their income which these political parties would have otherwise paid by way of income tax has been given up in their favour by the Central Government. No one can dispute that this is substantial financing, though indirectly. Added to this the concessional allotment of land and buildings in prime locations in the national capital and, probably, in several state headquarters, if not at district level also, the total amount of direct and indirect financing/funding of these political parties is considerable.The political parties enjoy an almost unfettered exemption from payment of income tax, a benefit not enjoyed by any other charitable or non-profit non-governmental organisations.
The Commission was of the considered opinion that Central Government has contributed significantly to the indirect financing of Political Parties in-question.
The Commission concluded that Political Parties in question are Public Authorities under section 2(h) of the RTI Act.
The Commission directed the Presidents, General/Secretaries of these Political Parties to designate CPIOs and the Appellate Authorities at their headquarters in 06 weeks time. The CPIOs so appointed will respond to the RTI applications. Besides, the Presidents/General Secretaries of the above mentioned Political Parties are also directed to comply with the provisions of section 4(1) (b) of the RTI Act by way of making voluntary disclosures on the subjects mentioned in the said clause.
No political party will like this and the matter will soon reach the Supreme Court. Informative times ahead.