Right to Information Act
Context
- The Supreme Court received a number of petitions asking for political parties to be recognized as “public authorities” for the purposes of the Right to Information Act of 2005.
- In this case, a number of political parties, including the Congress and the BJP, are listed as respondents.
- The Marxist Communist Party of India declared that it was in favor of political parties disclosing their financial information.
- However, it was against parties being forced to divulge private information such as “what discussions happened within the political party, and which candidate was selected for what reasons, etc.”
- Orally, the Chief Justice of India-led Supreme Court bench remarked that political parties might “have a point” if they don’t want to reveal the specifics of their candidate selection procedure.
- August 1, 2023 is the date set for a comprehensive hearing in this case by the Supreme Court.
Concerning the 2005 Right to Information Act
- Article 19 of the Constitution guarantees the fundamental right to freedom of speech and expression, which is the source of the right to information.
- We are unable to form an informed opinion about the operation of our government and public institutions if we lack knowledge about them.
- The main goals of the Right to Information Act are to empower citizens and encourage accountability and transparency in government operations.
The Act establishes a structure for
- requesting information,
- specifying the amount of time that must pass before information is provided,
- and deciding how to deliver the information,
- Application fees and exclusions from information that will be withheld.
The RTI Act’s main provisions are as follows:
- Public authorities are required by Section 4 of the Act to keep their records properly catalogued and indexed in a way that makes it easier for people to request information under the Act.
- A person who wishes to obtain any information under Section 6 of the Act may do so by writing a request to the Central or State Public Information Officer, outlining the specifics of the information they are seeking.
- Within 30 days of receiving the request, the Public Information Officer is required by Section 7 of the Act to either provide the information or deny it for any of the reasons listed in Sections 8 and 9.
- Under Section 19, an individual may choose to appeal to an officer in that Public Authority who is senior in rank to the Public Information Officer if he is dissatisfied with the Public Information Officer’s decision or if he does not receive a decision within 30 days.
- Before the Official Secrets Act and a few other special laws were passed, information disclosure in India was limited.
- Exemptions under the Act: the information sought cannot be related to defense, national security, or personal information. Numerous such laws in the nation were loosened by the RTI Act.
Who is Covered under the RTI?
- The entirety of India is covered by the RTI Act, 2005.
- This includes all organizations that are owned, controlled, or primarily funded by the government, as well as those that are established under the Constitution, laws, or official notifications.
- Direct coverage extends to all private organizations that are owned, managed, or significantly funded by the government.
Should the RTI Act Apply to Political Parties?
- Justifications for bringing political parties under the RTI: o Funding transparency is a key factor in bringing political parties under the RTI’s jurisdiction.
- Democracy will be reinforced and public trust in political parties will rise if people are aware of the sources and amount of funding they receive.
- As of right now, political parties are not required by the Income Tax Act of 1961 to reveal donations that total less than Rs. 20,000.
- Political parties should fall under the purview of RTI because they have the potential to abuse this.
- Certain non-governmental organizations are also covered by the RTI Act in addition to government entities.
- A small number of non-governmental organizations receive significant funding and oversight from the government.
- Political parties receive numerous subsidies from the government. Additionally, they receive tax exemptions. As a result, the government provides their funding.
- For instance, the government provides political parties with free airtime on state-owned radio, television, and Doordarshan.
- The Directorate of Estates also provides political parties with facilities for official and residential use.
Rebuttals to placing political parties under the RTI: o Since each political party has its own internal governance structure, putting them under the RTI’s jurisdiction could negatively impact their ability to operate and damage their reputation.
No political party is established by the Constitution or any other law, so it is not accountable to the people; additionally, a political party is an independent body and is not answerable to the people.
If RTI applies to a political party, opposition parties will abuse it and use it to harass political parties for nefarious purposes.