RTI in politics: Bringing political parties within the fold of law will not help

Source: The post is based on the article “RTI in politics: Bringing political parties within the fold of law will not help” published in “Business standard” on 28th July 2023.

Syllabus: GS2- Important aspects of governance, transparency and accountability.

News: The author argues against a petition to include political parties under the Right to Information (RTI) Act in India, stating that while parties receive state benefits, they aren’t government entities. The real issue is tracking large donations and concerns over anonymous electoral bonds, not necessarily bringing parties under RTI.

About Political Parties and the RTI Act

The Supreme Court received a petition to declare political parties as “public authority” under the RTI Act, 2005.

The RTI Act aims for transparency in government functions.

By definition, political parties don’t fit under this Act.

Why should political parties not be included under the RTI Act?

Definition Mismatch:

The RTI Act was designed for transparency in government functions.

Political parties don’t fit under “public authority” under this Act’s current definition.

Voluntary Nature of Parties:

Political parties are formed voluntarily and are not statutory bodies.

Their public engagement is by choice, not by law.

Risk to Internal Discussions:

RTI coverage could expose sensitive internal discussions on strategy and candidate selection.

Such openness might jeopardize the essence of democratic competition.

Available Information:

Major parties’ financial accounts are already on the Election Commission website.

Donor lists and public affidavits about candidates are publicly accessible.

Slippery Slope

If political parties are included, NGOs and private corporations might be next.

All these entities receive government subsidies but are not government bodies.

Primary Concern Unaddressed

The main transparency issue lies in large donations and electoral bonds.

Simply including parties in RTI might not solve this concern.

What should be done about it?

Redefine Anonymous Donations:

The Election Commission suggests the anonymous donation cut-off be reduced from ₹20,000 to ₹2,000.

Electoral Bond Transparency:

Address anonymity in electoral bonds, which currently allows potential money laundering.

Ensure greater disclosure to track donations and their influence.

Focus on Main Issues:

Target transparency concerns big donations and their influence on public policy, like the clearer system in the US.

Increase Disclosure on Party Websites:

Encourage parties to consistently and comprehensively update donor lists and financial accounts.

Reevaluate State Concessions:

Scrutinize the state concessions given to parties, ensuring they are in line with democratic principles and accountability.