CIC order can't be basis of plea seeking SC writ, bring political parties under RTI ambit, says Govt

The Supreme Court on Tuesday said political parties may “have a point” in being concerned that bringing them under the ambit of the Right to Information (RTI) Act may lead to situations where they may be asked to disclose even details such as candidate selection or other deliberations.

“They have a point when they say, don’t ask us to disclose how we choose our candidates…” Chief Justice of India D Y Chandrachud, presiding over a three-judge bench, said while hearing two PILs seeking to bring political parties under the law.

The petitions were filed by advocate Ashwini Upadhyay and the NGO Association for Democratic Reforms.

Appearing for the petitioners, senior advocate Gopal Sankaranarayanan and advocate Prasanth Bhushan said the Central Information Commission (CIC) had passed two orders saying that political parties be brought under the Act.

Opposing the submission, Solicitor General Tushar Mehta, however, said the CIC order cannot be the basis of a writ petition seeking directions to the legislature to incorporate new provisions on the subject.

Appearing for the CPI(M), advocate P V Dinesh said while the party supports it in terms of ensuring transparency in financial transactions, there cannot be requests for disclosing details on why a candidate was selected or on internal discussions.

Acknowledging the concerns, the CJI then remarked orally that the parties may “have a point”.

Advocate Bhushan said no one is asking for such details.

S-G Mehta urged the court to adjourn the matter since Attorney General R Venkataramani is travelling. The bench agreed and said it will take it up again on August 1.

In his plea, Upadhyay has urged the apex court to “declare political parties, registered under Section 29A of the Representation of the People Act, 1951, a ‘Public Authority’ under Section 2(h) of the Right to Information Act, 2005, to make them transparent and accountable to the people and curb use of black money in elections”.