POLITICAL PARTIES AND RIGHT OF INFORMATION

The Chief Information Commission, the highest tribunal under the Act (CIC) has recently held that the political parties which are contesting elections are subject to the provisions of the “Right of Information Act” and therefore, such political parties should appoint their authorities competent to supply information to the members of the public.

This decision has created some undesirable alarm in all political parties and even responsible political leaders have come forward with irresponsible allegations against the statute and CIC itself.

The media reports show that CIC has come to the conclusion that there is enough evidence to show that political parties in our country avail of substantial economic and social help from the State and are therefore covered by the definition of “State” under the Act and are therefore governed by the provisions of the statute to supply information to the members of the public.

I am of considered opinion that apart from the fact that our political parties receive substantial economic and social help from the State, the very fact that political parties are fighting elections in a democratic polity, brings them within the ambit of “Public Institutions” managed by the State and for that reason only, they are subject to the statutory provision of the Act.

It cannot be disputed that political parties which fight popular elections constitute inseparable part of the whole process of election machinery and for that reason, they are subject to the laws relating to election and directions prescribed by Election Commission. These parties have to get registration in the commission. Such parties have the right to obtain cancellation of registration of member in certain circumstances. These political parties can obtain fresh legislation through the services of their party members who are elected as members of parliament or legislature. Not only this, we have now enough experience that the political parties can stop the working process of the entire session of the parliament causing waste of millions of hard earned money – a mischief which no terrorist could perform with success.

It is clear that none of our political parties has any internal democracy which is evident in other democracies, such as United States, United Kingdom or Germany. This has resulted in undemocratic methods in the internal administration in all matters touching finance and involving social good. Moreover, it should not be forgotten that the political party which fights popular election is not a shop-keeping firm which conducts business at the cost and risk of the shop-owner. It cannot be disputed that socio-economic progress of every country is sufficiently influenced by the manner in which political parties are conducting their own affairs. All these facts emphasise the necessity of openness and transparency of these parties.

Apart from these, it is the commonly shared knowledge that popular elections involve the expenditure of billions of rupees and those parties which fight national elections collect huge funds to meet them. Popular belief is that such funds are collected by the political parties which come to power either at central, state or municipal level when they are able to deal with big contracts by resorting to corrupt practices. Such popular belief is not groundless as is sufficiently revealed recently.

It is obvious that corruption starts from the stage of process of election. If this is so, members of the public are expected to know how election funds are gathered, how they are spent, who were the doners and beneficiaries and many other questions ancillary to this.

It is for those reasons that the decision of the CIC is very important and epoch making.