Monday, December 30, 2013

Why they always insult public sentiments?


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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