2013 (6) TMI 289 - Commission - Indian Laws

Scope of RTI Act - Political parties - complainant S.C. Aggarwal sought information from the Presidents/Secretaries of the Indian National Congress (INC/AICC) and the Bhartiya Janata Party (BJP) Copies of Election Menifestoes by BJP for Lok Sabha elections in the years it formed NDA government with Shri Atal Bihari Vajpayee as Prime Minister, whether all the promises made in the election manifestoes fulfilled after BJP having formed government at the Centre, if not, list of promises highlighted in BJP election manifestoes but remained unfulfilled after BJP came to power, Outline of receipts by BJP in last two years separately for each year, Outline of payments, Is it compulsory for every BJP legislature either at Centre or in States or in civic bodies etc to contribute towards party funds?, If yes, please provide complete and detailed information including also defaulters in making such contributionsin last three years, Is BJP aware of any of its legislatures involved in corrupt and other malpractices in last three years?, If yes, please provide complete details including action taken by party and others against such persons, Has B.J.P. suggested any proposals to Union government /Election Commission towards electoral reforms?, If yes, please provide complete details including reply received from concerned ones if any, File notings on movement of this RTI petition and on all aspects mentioned in this RTI petition - whether political parties being questioned here are public authorities under section 2(h) of the RTI Act - Held that - As relying on Indian Olympic Association v. Veeresh Malik and Ors 2010 (1) TMI 978 - DELHI HIGH COURT for a private entity to qualify to be a public authority, substantial financing does not mean majority financing. What is important is that the funding by the appropriate Government is achieving a felt need of a section of the public or to secure larger societal goals . Large tracts of land in prime areas of Delhi have been placed at the disposal of the Political Parties in-question at exceptionally low rates. Besides, huge Government accommodations have been placed at the disposal of Political Parties at hugely cheap rates thereby bestowing financial benefits on them. The Income Tax exemptions granted and the free air time at AIR and Doordarshan at the time of elections also has substantially contributed to the financing of the Political Parties by the Central Government. Therefore, no hesitation in concluding that INC/AICC, BJP, CPI(M), CPI, NCP and BSP have been substantially financed by the Central Government and, therefore, they are held to be public authorities under section 2(h) of the RTI Act. The criticality of the role being played by these Political Parties in our democratic set up and the nature of duties performed by them also point towards their public character, bringing them in the ambit of section 2(h). The constitutional and legal provisions discussed herein above also point towards their character as public authorities. The Presidents, General/Secretaries of these Political Parties are hereby directed to designate CPIOs and the Appellate Authorities at their headquarters in 06 weeks time. The CPIOs so appointed will respond to the RTI applications extracted in this order in 04 weeks time. 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.

Summary

Issues Involved:
1. Whether political parties are public authorities under Section 2(h) of the RTI Act.
2. Whether political parties are substantially financed by the government.
3. Whether political parties perform public duties.
4. Constitutional and legal provisions related to political parties.

Issue-Wise Detailed Analysis:

1. Whether Political Parties are Public Authorities under Section 2(h) of the RTI Act:
The judgment examined whether political parties qualify as public authorities under Section 2(h) of the RTI Act. It concluded that political parties are public authorities because they are substantially financed by the government and perform public duties. The decision emphasized that the definition of "public authority" should be interpreted liberally and not restrictively.

2. Whether Political Parties are Substantially Financed by the Government:
The judgment found that political parties receive substantial indirect financing from the government. This includes the allotment of land and buildings at concessional rates, tax exemptions, free air time on Doordarshan and All India Radio, and free copies of electoral rolls. The judgment highlighted that these benefits amount to substantial financing, thereby bringing political parties under the purview of the RTI Act.

3. Whether Political Parties Perform Public Duties:
The judgment noted that political parties play a critical role in the democratic process by mobilizing public opinion, contesting elections, and forming governments. They perform public functions that affect the lives of citizens and are continuously engaged in public duty. The judgment emphasized that transparency in the functioning of political parties is essential for maintaining the purity of elections and democratic governance.

4. Constitutional and Legal Provisions Related to Political Parties:
The judgment discussed various constitutional and legal provisions that vest political parties with rights and liabilities. These include their registration with the Election Commission under Section 29A of the Representation of People Act, 1951, the allocation of election symbols, and the power to recommend the disqualification of legislators under the Tenth Schedule of the Constitution. These provisions further support the conclusion that political parties are public authorities under the RTI Act.

Conclusion:
The judgment concluded that political parties are public authorities under Section 2(h) of the RTI Act due to their substantial financing by the government, performance of public duties, and the constitutional and legal provisions governing them. The Presidents and General Secretaries of the political parties were directed to designate CPIOs and Appellate Authorities and comply with the provisions of Section 4(1)(b) of the RTI Act by making voluntary disclosures.