Political parties brazenly adamant to
keep its activities in veil away from voters by amending RTI Act.
Arun Srivastava
Traditional and established Political parties once again choose to ignore
public sentiments. A group of parliamentarians has unanimously approved an
amendment in RTI Act that proposed to keep political parties outside its ambit. This
Parliamentary Committee was entrusted with the task of reviewing the
amendment by the parliament despite much opposition from civil society
organizations and citizens.
In a landmark
decision on June 3, 2013, the Central Information Commission (CIC) pronounced
that the political parties (INC, BJP, CPM, CPI, NCP and BSP) are public
authorities under section 2(h) of the RTI Act. After this judgment all the
political parties get together to modify the RTI Act to keep it activities under
shroud and misery. At the behest of all aggrieved parties the Government
brought an amendment to the RTI Act excluding political parties from its ambit.
The Congress
vice president who has been advocating for pushing all the bills pending in
both the houses of parliament kept a mysterious silent despite scream from
common public. Congress wants to fights next general election with the help of
these bills which are seen as crusader against corruption after Lokpal bill
since routs in assembly elections.
Meanwhile due
to mounting public pressure, the Parliament chose to refer the Bill to the
Parliamentary Committee, which invited suggestions on the proposed amendment to
the RTI Act.
Many
nationalist organizations and individuals had strongly objected to the
amendment mooted by government before 2014 election.
“The committee has not given any logical reasoning for its
recommendation in its report. Excluding political parties from RTI Act is
unconstitutional. It is odd to argue that transparency is good for all state
organs but not for political parties, which in reality control all the vital
organs of the state” said a senior founding member of an organization which is fighting
hard to clean elections process in country.
“The
standing committee does not appear to have taken into account objections to the
RTI amendments submitted by the civil society organizations. No arguments have
been given in the report which indicates that the committee has noted our
objections. It is obvious that no reasons were taken to counter our views
before suggesting construing citizen’s fundamental right” said another activist
who has opposed the amendment from tooth and nail.
Strangely justifying
its decision to amend the Bill the Government said the political parties are neither established nor constituted by or
under the Constitution or by any other law made by Parliament.
To counter the claim of government, it is
a established fact that authority or body does not require to be established or
constituted by or under the constitution or any other law made by the
Parliament, to be called a public authority. According to Section 2(h) of RTI Act, an organization that is ‘substantially
financed, directly or indirectly by funds provided by the appropriate
Government’ can also fall under the category of public authority.
The Government also says in its defense “There are already provisions in the
Representation of the People Act, 1951 as well as in the Income-tax Act, 1961
which deal with the transparency in the financial aspects of political parties
and their candidates.”
However analysis show Income Tax
returns for six National Political Parties and the statements filed by them
with the Election Commission show that over 75% of the funds cannot be traced and are from ‘unknown’ sources.
Unlike Aam Aadmi Party these party brazenly refused to put all finance related
data on their websites giving ruling of law.
Declaring a
political party as public authority under the RTI Act would hamper its smooth
internal working. Further, the political rivals may misuse the provisions of
RTI Act says the government while bringing the amendment in RTI Act. However
this argument is also malicious one as the RTI Act has enough built in protection in the form of the section 8 which
says “Exemption from disclosure of information.”
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