implication of RTI on political parties

8/18/2019 implication of RTI on political parties

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International Seminar on Freedom of Information Endeavors in the SAARC Nations

SCHEME OF THE PAPER

TOPIC – The implications of the Right to Information on the Political Parties

SubTheme Political Parties under RTI/Freedom of Information Scheme

!etails of the Author"s#

Author$ Rubanya Nanda

Colle%e: Damodaram Sanjiayya National !a" #niersity$ %isa&hapatnam

'ourse: ()* !)!( +,ons)-/ .rd ear +%I Sem-

0mail Id: rubanya1gmail)com

Coauthor$ Raj !a&shmi

Colle%e: Damodaram Sanjiayya National !a" #niersity$ %isa&hapatnam

'ourse: ()* !)!( +,ons)-/ .rd ear +%I Sem-

0mail Id: rajla&shmi23231gmail)com

Address$ DSN!#$ Plot no) 445$ 6%P$ Sector 44$ %isa&hapatnam$ *)P$ 7.2248

Conta&t no) 9 ;49;


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INTRO!'CTION

SAARCthe main ob(e&tives

The South *sian *ssociation for Regional 'o9operation is an organi>ation of the South *sian

Nations for the fulfillment of the socio9economic perspectie of the member countries) Thesemembers are: 9 India$ Pa&istan$ (angladesh$ Nepal$ 6aldies and Sri !an&a) It got

established on 3 December 4;;7 at the Dha&a Summit) Its main objectie is the

instutionali>ation cooperation among the member States to sole their common problems and

obtain economic benefit at the same time) It also aims to create an order based on ?mutual

respect$ e@uity and shared benefits4) The objecties of S**R' is mentioned in the *rticle 4

of the 'harter of the S**R') They are as follo"s:9

i- Promoting the "elfare and the @uality of liing of the people of the South *sian)ii- *ccelerating the economic gro"th$ social and the cultural gro"th of the people

liing in the South *sian Region and encouraging them to lie "ith dignity)

iii- Promoting collectie self9Reliance among the member countries

i- Promoting 6utual 'ooperation and actie collaboration among the member

countries and strengthening the cooperation "ith other deeloping countries)

- To further cooperate "ith other regional organi>ations "ith the similar aims and

the purposes)

Thus the member countries collectiely try to increase their o"n economic progress as

"ell as the economic progress of other deeloping countries by initiating mutual trust and

cooperation)

Freedom of Information – The Prominent As)e&ts

Freedom will be bereft of all the effectiveness if the people have no access to information.

Access to information is the basic democratic way of life2

The free flo" of the eApression is the main essence of eery democracy and ery crucial for

the propagation and the implementation of the human rights) The fundamental alue and the

principle goerning the freedom of information is the principle of maAim disclosure$ "hich

presumes and propagates that all the information held by the public bodies should be

1 Retrieved from :-http://shodhganga.inibnet.ac.in/bitstream/10603/11378/8/08_chapter!0!.pdf "

#aper tit$ed %&rgani'ationa$ (tr)ct)re of (**R+,.

! Buoted by *bid ,ussain$ the #nited Nations Special Rapporteur on Freedom of Cpinion and0Apression in his 4;;7 Report to the #nited Nations 'ommission on ,uman Rights)


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subjected to disclosure unless and until there a strong oerriding reason for the non9

disclosure.) T"o sub principles further emanate from the principle of maAim disclosures ed ery early on by the #N) In the

ear 4;


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freedom of eApression has been eAplained in three &ey "ays$ as an aspect of human dignity$

as the best means of ascertaining the truth and as a fundamental underpinning of democracy 5)

Furthermore$ the centrality of the imparting of the information is one of the major bac&bone

of the freedom of information) Similarly$ the 0uropean 'ourt of ,uman Rights +0',R- has

categorically held that the *rticle 42 of the 0',R prominently prohibits the goernment

from restricting a person from receiing information that the others "ish or may be "illing to

impart to him)

The Ri%ht to Information Indian Pers)e&tive

The S**R' nations are embracing the ethos of this *rticle by adopting the Right to

information *ct in their respectie jurisdictions) India has led this initiatie by the passing of

the Right to Information *ct in the year =227)This *ct$ being a recently enacted legislation

has been hailed for its proactie nature) It not only proides the much needed transparency

but also encompasses into an efficient piece of la" "hose principles are deeply embedded in

the Indian 'onstitution)

This act categorically mandates a ery timely response to the re@uests

of the citi>ens regarding the information of the goernment) This act also includes the

releant proisions that deal "ith the processes and the procedures to be follo"ed "hile filing

an RTI) The implementation of this act has formulated a ne" era of the transparency and

efficient goernance) This furthermore ensures the proper "or&ing of the Democracy)

The Indian Constitution and the Freedom of Information

The Issue of the Freedom of Information "as elaborately addressed in the landmar& case of

S.P Gupta vs. Union of India7 $ "here the independence of the Hudiciary "as put into @uestion

"ith the issue of the transfer and the appointment of the judges) The goernment claimed

priilege against disclosure under article 8


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Therefore it can be concluded that the Freedom of Information has been protected by the

Indian 'onstitution categorically) (ut it is yet to be made a fundamental right under the

article 4; of the 'onstitution) (ut it is implicitly guaranteed under the 4;+4- +a- of the Indian

'onstitution)

Politi&al Part+ under the Ambit of the Ri%ht to information in India

In the year =24.$ it "as held that ?The political parties "ould come under the ambit of the

Right to Information *ct$ =227;) It indicated the fact that Political parties are also ans"erable

to the public at large under the RTI *ct) The presidents$ the eneral Secretaries of the parties

"ere directed to designate the 'PICs +'entral Public Information Cfficers- and the *ppellate

*uthorities at their head@uarters in siA "ee&s) The 'PICs so appointed "ere to respond to

the RTI applications "ithin four "ee&s of time) The bench also categorically directed them to

comply and adhere to the proisions of the mandatory proactie disclosure clauses under the

clauses gien under the RTI *ct and furthermore "ere directed to put the disclosed on their

respectie official "ebsites) Thus$ this step implied that the political parties "ould be treated

as any other goernmental organi>ation) In the judgment of the 'I' +'entral Information

'ommission-$ mentioned that:9

*he political parties have been substantially financed by the +entral Government under the

section 2,h- ,ii- of the *I Act)) Furthermore$ it also stated that the criticality of the role

played by the political parties and their nature of functioning and the "or& done$ calls for the

section =+h-42 of the *ct) *he duties e$ercised by them also points towards their Public)

character )

*he +onstitutional and le"al provisions were also conclusive of the fact that the political

parties were actin" as public authority. The judgement elaborately discussed the criteria for

8 Retrieved from :- https://g$oba$freedomofepression.co$)mbia.ed)/cases/s-p-g)pta-v-)nion-of-india/ " (# 4)pta vs. 5nion of 2ndia.

cerpts taen from: - .tehe$a.com" %#o$itica$ #arties to be inc$)ded )nder

the Right to 2nformation act,.

10 %#)b$ic a)thorit9, means an9 a)thorit9 or the bod9 or instit)tion of se$f-government estab$ished or constit)ted-9 or )nder the +onstit)tion

b; 9 an9 other $a made b9 the #ar$iamentc; 9 an9 other $a made b9 the (tate 4overnmentd;


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terming any organi>ation as a ?public authorityE) It mentioned many constitutional

frame"or& and the articles in support of the decision held) National Party such as Indian

National 'ongress$ (haratiya Hanta Party +(HP- "ere included under the ambit of the political

parties) The full Hudge bench of the 'entral Information 'ommission comprising the 'hief

Information 'ommissioner Satyananda 6ishra and the information 'ommissioner 6)!

Sharma and *nnapurna DiAit furthermore held that 'P696$ 'PI$ N'P and (SP also fulfilled

the criteria of the ?Public *uthorityE under this *ct44)

O))osition b+ the Politi&al Parties

The aforementioned judgment created a furor prominently from the National !eel political

parties) There "as an unprecedented debate all across the country after this judgment of the

'entral Information 'ommission) The parties feel that the mode and the transparency should

stop at their doorstep) *n affidait filed by the parties stated that:9

Political rivals with malicious intentions) could file *I applications and adversely affect

the parties/ political functionin" 02).This essentially means that the Political Parties are ery

apprehensie of the action and the aderse measures that can be ta&en by their opponent

political party) This is deemed as a huge setbac& in this scenario) The 'entre has ehemently

opposed the judgment of the 'I' as it stated that ?the financial disclosures and other

disclosures of the parties are already done and are aailable in the 0lection 'ommissions

"ebsite) It denied reealing any more details by mentioning that doing so under the RTI

"ould lead to the breach of 'onfidentiality and the disrupt the "or&ing of the parties) This

ie" ta&en by the 'entre "as also supported by other major political parties) There are still

ongoing discussions "ith regards to these issues)

Resear&her,s *ie-

ith regards to the inclusion of the Political Parties under the ambit of RTI$ the researchers

"ould li&e opine that it is a ery "elcoming step that could increase the transparency and the

accountability of the goernment along "ith combatting the 'orruption) The parties tend to

be less corrupt and unscrupulous once the fear of the public scanner is settled in the minds of

the party "or&ers) This tends to decrease the amount of corruption among the political

11 cerpts taen from :- b)siness-standard.com

1! Retrieved from :- http://.rstpost.com/po$itics/po$itica$-parties-are-not-bechara-heres-h9-the9-sho)$d-be-)nder-rti-ambit-!0668.htm$


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parties) 6erely disclosing the financial assets doesnt absole the parties from all the

corruption) There needs to an enforcement that loo&s into all the aspects of the functioning of

the political party) The RTI proides "ith that much needed enforcement system)

Furthermore$ it also helps in the apt and proper implementation of the Preention of

'orruption *ct +PC'*-) The corruption in the political scenario of the country can justly be

curbed by this implementation of the RTI) Therefore$ the approach ta&en by the 'I' in its

landmar& decision is praise"orthy and should be implemented ery efficiently) The

researchers also conclude that it should be supported by the majority of the other political

parties and the general public at large)

The im)lementation of the Ri%ht to Information in other SAARC nations$

Ne)al

The Right to information *ct "as passed by the Nepali Parliament in the year =225)Its main

objectie "as to enable a Nepali 'iti>en see&ing any information "ith regards to the

goernment bodies after follo"ing the due process of the la"4.) It also stated that ?anyone

can get information under this act "ithin 47 days of filing an RTIE) *n independent National

Information 'ommission "as set up under this act to address the grieances of the Nepali

'iti>ens)

Situation -ith res)e&t to the Politi&al Parties

The section 7 of the RTI act of Nepal tal&s about certain pro9 actie disclosures) Recently$ the

National Information 'ommission directed all the political Parties to ma&e disclosures

regarding the name$ information of the party members and their respectie photos outside

their party head@uarters) The NI' further stated that the parties need to update their

disclosures eery . months under the RTI *ct4


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*fter much deliberations and hindrances on the preious enactments on the Freedom of

Information at Pa&istan$ the proincial Jhyber Pa&htun&h"a *ssembly passed Jhyber

Pa&htun&h"a Right to Information *ct in the year =24. "hich elaborated on the process of

the filing of the RTI in Pa&istan) The act also promulgates the forum of the discussion and the

deliberations on the issue of the freedom of information) This "as to be follo"ed

categorically by the 'iti>ens)

/ith referen&e to the Politi&al Parties$

No section in the RTI *ct of Pa&istan mentions the inclusion of the Political Parties in the *ct

itself) Thus the political parties in the Pa&istan are not included in the Right to information

*ct of Pa&istan) There are no proisions or the amendment that deal "ith the inclusion of the

political parties) (ut$ the RTI of Pa&istan does lay do"n certain proisions that comes under

the ambit of the disclosure by the political parties) It is to be mentioned$ that the Initiatie

ta&en by the Pa&istani goernment has been one of the foremost initiaties in regards to the

freedom of information) The initiatie started "ay bac& in the =22=) Thus it can be stated

that$ Pa&istan has duly ta&en effectie steps in recogni>ing the releance of the Freedom of

Information)

0an%ladesh

The Right to Information *ct of (angladesh "as passed in the year =22; on the side lines of

the RTI *ct of both India and Pa&istan) It primarily contains t"o types of the disclosures)

They are Partial Disclosure and the total disclosures) Partial disclosure is dealt "ith in the

section ; of the *ct "hich contains that the partial access to the information is to be done for

the information "hich is not mandatory for the publication) The section .= of the *ct deals

"ith the authorities "hich are eAempted from the ambit of the RTI *ct)

Politi&al Parties$

Though the political parties are not included in the ambit of the act$ but it has categorically

stated that the organisations is compulsorily supposed to disclose the RTI "ith relation to the

,uman Rights and the 'orruption also) Thus it indirectly preents the corruption and

increases the goernance of the respectie organisations) This is an efficient step to ensure the

accountability)

Freedom of Information and 1ood 1overnan&e


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*ccess to Information plays a ery ital for good goernance as it brings out the actual

essence of oernmental actiities and processes) the information "ith the public authorities

are belieed to be the oAygen of democracy as the public themseles must be updated "ith

the "or& of their representaties sitting in parliament and If people do not &no" "hat is

happening "ith the money paid in the form of taAes in their society$ if the actions of those

"ho rule them are hidden$ then they cannot ta&e a meaningful part in the affairs of the

society) *ccess to information not only promotes openness$ transparency and accountability

in administration but also facilitates actie participation of people in the democratic

goernance process) The RTI is mainly a tool to promote rights already promised in the

constitution)

Public participation in oernment$ respect for the rule of la"$ freedom of eApression and

association$ transparency and accountability$ legitimacy of oernment$ and the li&e "hich

are the core alues of good goernance$ can be reali>ed only if the right to information is

implemented in the right spirit)

KPublic *ccountability is a part of goernance) It is the oernment that is accountable to the

public for deliering a broad set of outcomes but more importantly it is the public serice

consisting of public serants that constitutes the deliery mechanism) Therefore$ the

accountability and goernance arrangements bet"een oernment "hich acts as the principal

and the public serice "hich is its agent$ impact on the oernments ability to delier and

on its accountability to the public) The challenge lies in ensuring that the public serice is

geared to meet the eApectations of the oernment of the day and that public serice is

neutral$ "hicheer party is in po"er) hen a oernment department translates a

oernments policy into programs$ the success of that translation is ery much dependent on

a clear understanding of and commitment to the outcomes that are sought) It is not surprising

that the history of accountability and goernance "ithin the public serice has shifted from

measuring ?inputsE to measuring ?outputsE$ to matching outputs$ and identify outcomes) The

&ey "hich "ea&ens accountability or the effectieness of the oernment or the public sector

is the lac& of information)47

Cer 72 countries no" hae freedom of information la"s and another 479=2 are actiely

considering adopting one) These nations are joined by a gro"ing number of inter9

oernmental bodies L including S**R'$ the orld (an&$ 0uropean #nion and #NDP L

1 oernance and *ccountability in the Public Sector$ speech by ,onble !ianne Dal>iel$ =22.+""")scoop)co)n>-)


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that hae established FCI policies) It proides that all citi>ens enjoy rights of freedom of

opinion and eApression$ including the right to ?see&$ receie$ and impart information and

ideas$ a guarantee no" generally considered to include an obligation of openness on the part

of oernment)

Combatin% Corru)tion in the 1overnment$

The political mobili>ation against corruption starts "ith the RTI 45)The culture of secrecy$ as

&no"n$ boosts the goernment officials to indulge in corrupt practices "ith lo"er

inestments for state and more for their personal uses due to arbitrary po"er "ithout any

chec&s and igilance resulting in diersion of funds for personal purposes) *s a result$ the

goernments social spending yields no "orth"hile benefits$ because$ for instance$ "hen a

goernment teachers do not teach and sits at home "ith their fiAed salary$ similarly doctors

and nurses do not attend health centers$ ration card holders do not receie subsidi>ed food

grains "hen ration shops hae no stoc& because food grains are sold before only in order to

earn profits and$ thus$ lielihood support is denied$ and the promised jobs are not proided to

the poor$ "ho are assured of income support) In the process$ it prolongs poerty and harms

the poor) It is a common grieance of citi>ens that representations or statutory applications or

appeals$ are &ept pending for long periods$ sometimes months or years$ "ithout disposal)

here the applicant is li&ely to benefit monetarily$ such as "here has to get money for

serices rendered under a contract or a refund of amounts payable to him by public

authorities$ there is a tendency to &eep the matter pending for ulterior moties including

corrupt moties) In some other cases$ applications are simply disposed of as rejected or

saying that the oernment or the concerned authority ?finds no reasonE to accede to the

re@uest etc) The aoidance of reasons is a deice usually resorted to by officials "ho hae no

good reasons for denial of the relief) It creates an enironment of disbelief bet"een the

people and the goernment$ "hich impinge upon the deelopment and jeopardi>e democratic

goernance)

No" that the FCI re@uires information about the pendency of the applications$ reasons as to

"hy they are not disposed of or the reasons behind the rejection of an application$ there is

bound to be improement in the efficiency of the departments) *s of no"$ the only

superision of efficiency is superision that is made by the superior officers at the time of

reie"ing the employees "or& and "hile recording comments in the annual confidential

reports or *'Rs) That process has not proed successful and though it may be continued$ still

16 +an be retrieved from :-http://.indianepress.com/nes/governance-comes-before-a-$opa$/773!


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the threat of a designated official calling for the releant information at the instance of a

citi>en "ill be a salutary chec& on the inefficiency of officers) It also chec&s lethargy or bad

faith or corrupt moties) The legislation on RTI can act li&e an antidote to ested interests

"hich try to conceal or misinterpret information or "hich try to manipulate the media directly

or indirectly to plant misinformation) The Right to Information confers to its public the right

to get information from the goernment) Through this "e can no" eApose corruption and also

bring to light those duties that are not being performed by the officials) *lso$ in some

countries RTI has been seen as part of the anti9corruption or state moderni>ation agendas +for

instance 6eAico and 'hile-$ in South *sia$ particularly in India)48

Through all this "e can also see& solutions to our problems) e can as& information about

projects and plans) e can inspect files and chec& for any misappropriations) The

goernment spends a huge amount of money for deelopment "or&) e can as& for any sort

of public information about the "or& being done in our area) Information relating to tenders$

agreements$ payments and estimates of engineering "or& etc) can be obtained "ith the help

of the Right to information) (esides these$ information freedom has ery much "ider domain

in itself)

0Aperiences suggest that in the states "here the Right to Information *ct has been

implemented$ it has become an important tool of social deelopment and goernance)

Tac&ling pendency at the Information 'ommission and stringent punishment to guilty

officials as "ell as massie a"areness campaigns among the masses for proper use of RTI

constitute the &ey to the success of RTI regime)43

Problems23imitations under Indian 3a- on Ri%ht to Information

There are certain la"s "hich are contrary to the right to information in India and need to be

amended in order to safeguard the right to information act) Sections 4=.$ 4=


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information restricted by the 'entral oernment) Similarly the 'entral 'iil Serices *ct$

4;57 proides a goernment serant not to communicate or part "ith any official documents

eAcept in accordance "ith a general or special order of goernment) The Cfficial Secrets *ct$

4;=. as eident from its name$ under section 7$ proides that any goernment official can

mar& a document as confidential so as to preent its publication) 4;

More effe&tive ste)s to &ombat &orru)tion in the Politi&al S&enario in the SAARC

&ountries$

'orruption is a manifestation of deep9rooted structural fla"s in our polity and goernance) *

"ide range of reforms in the political$ judicial and administratie spheres are needed) The

follo"ing suggestions may be useful in framing the necessary reforms:

a) Internal democracy in the political parties may be promoted by capping the number of

terms a person can hold at a particular leel of position in the party)

b) Similarly$ in cleansing the polity a cap on the number of terms a person can contest a

particular leel of political position may hae far9reaching impact)

c) The issue of the conflict of interest bet"een the eAecutie and the Parliament should be

resoled)

d) The issue of the conflict of interest "ithin the eAecutie needs to be understood and

addressed s@uarely)

e) In bureaucracy$ permanent recruitments may be limited to the regulatory bodies only) Some

restrictions should be imposed on their post9retirement employment for all the persons in

regulatory positions) 'ontract appointments system may be introduced in all serice9

proiding departments and agencies$ especially at senior leels)

f) It is high time some alternatie/ supplementary models for judiciary "ere eAplored) The

jury system may be more suitable in present Indian conteAt)

1 ?r. ()bhra@9oti A)nd)" B?&+R*B & R24C< &R?* *+< 2>

2>B2*" http://.ca$)niv.ac.in/g$oba$-mdia-@o)rna$/D2>


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g) In the country of Indias diersity$ centrali>ed deelopment paradigms do not "or&) The

country needs thorough decentrali>ation) The principle of Subsidiarity should be adopted for

good goernance)=2

Con&lusion RTI has significant bearing on good goernance and deelopment) Indias

economy in the last three years has gro"n at unprecedented high rate of 3 L ; per cent per

annum$ "hich also co9insides "ith the RTI induced good goernance$ as discussed aboe)

The implementation of the la" on right to &no" for setting up information regime therefore

augurs "ell for strengthening the &no"ledge society as "ell as for increasing the

accountability of public bodies) The trend in improement in deliery of serices$ due to the

perceied good goernance$ proides sufficient indication for alleiation of poerty and

li@uidation of illiteracy in a much shorter duration than enisaged for the reali>ation of 6illennium Deelopment oals +6Ds-) =4RTI has enabled people to participate in the

process of deelopment$ "hich has resulted in reduction of corruption) It has just begun to

happen for the first time for establishing an open and participatory goernance system that

protects and promotes the socio9economic interests of eery citi>en$ particularly the poor$

"ho are receiing the benefits of deelopment as per their entitlements)

!0 Br. hasara Rao 4orant$a" Research brief on +orr)ption E 4overnance : 5#*#romises E #erformance"

http://socia$atchindia.net/images/doc)ments/1/#aper!0on!05#*!0promises.pdf

!1 ?. ?. *nsari" 2mpact of Right to 2nformation on Beve$opment: * #erspective

on 2ndiaFs Recent periences" http://cic.gov.in/+2+-2nt$vents/2+-?*-Gect)re*t5>(+&-10!008.pdf

implication of RTI on political parties

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