Supreme Court Defers Hearing on Pils Seeking to Bring Major Political Parties Under RTI

The Supreme Court on Thursday (May 8, 2025) Deferred The Final Hearing on Two Pils Seeking to Bring Major Political Parties under the ambit of the right to information act to ensure account Black Money during Polls.

A Bench Comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was to Hear the Pils Filed by the Association for Democratic Reforms (Adr), An NGO, and Lawyer ashwini upadhyayyayayayayayyayayyayayayayayayayyard.

The CJI, Who is Demitting Office on May 13, 2025, said these please

On February 14, The Top Court Asked The Center, The Election Commission and Six Political Parties to Respond to the Pils Seeking to Bringing them Under the Ambit of the Right to Information (RTI) Act.

“We will take it up on a non-miscallaneous day for the final hearing. Meanwhile, the pleadings have to be complete,” The CJI HAD SAID. Advocate Prashant Bhushan, representing adr, said his plea was pending for the past 10 years.

The Top Court, on July 7, 2015, Issued The Notices to the Center, The Election Commission and Six Political Parties, Including the Congress, The BJP, The CPI, The CPI, The Nationalist Congress Party and the Baahujan Samaj Parthy, Oon Adr's plea seeking to declare all national and regional political parties “public authorities” to brings them under the Ambit of the rti.

A similar plea was filed by Mr. Upadhyay in 2019 for bringing political parties under the rti to make them accountable and curb the use of black money in polls. In his plea, mr. Upadhyay also sought directions to the center to take steps to deal with the menace of corruption and communication.

“Declare the political parties, registered under section 29A of the representation of the people act, 1951, a 'Public authority' under section 2 (h) of the right to information act, 2005, to makesparent Accountable to the people and curb the use of black money in Elections, “The plea said.

The pil sought a direction to the poll panel to ensure compliance of the RTI act and other laws related to political parties and deregister hef they fail to Abide by them.

“Direct the election commission to ensure compliance of the representation of the People Act, Right to Information Act, Income Tax Act and Other Election Laws and Rules Laws and Rules So far as they relate to POLITICAL PILIES and Deed-Agency Theme If they fail to complete with the election laws and rules, “it added.

Referring to Institutes of Corruption and Indirect Funding to Political Parties, The Petition Said the Central and State Governments Have Allotted Land/Buildings and Buildings in Prime Locations in Locations to the Parties alle Over Country eater free of cost or on concessional rates.

“This Amounts to Indirect Financing of the Political Parties. Doordarshan Allots Free Airtime to Political Parties during Elections. This is another instance of indirect finance, “it alleged.

“If Closely monitored and totalled, the full Amount of public funds spent on political parties would possiblely amount amount to Thousands of Croes,” The please Said.

It further said a body or entity does not become a political party in the legal sense until the election commission under section 29a of the representation of the people actors it. “Therefore, this registration lends it the color of public authority,” it added.

The adr, in a separe plea, also sought a direction to the political parties to declare all donations, include the below ₹ 20,000. Mr. Bhushan Contended that Political Parties were public authorities and hence amenable to the rti act.

The Tentral Information Commission, in a Detailed Order, Held Previously that Political Parties was public authorities and therefore should discuss the information Under the RTI act.

“Political parties do not have to pay income tax on donations and, moreover, donations below ₹ 20,000 are not to be disclosed under the law by them,” The Lawyer Said. “The parties also controlled the legislature and the law-making process,” he added.

The NGO Sought Transparency and Accountability in the Functioning of the Recognized National and Regional Political Parties.

It claimd that the political parties received huge sums of money in the form of donations and contributions from corporates, trips and individuals, but did not discuss information about the SOUT Donations.

The ngo also sought Declaration on Donations and Funding Received by the Political Parties, Irrespective of the Amount, Along with Details of the Donors and Donations to Electoral TRUSTS.

The plea said political parties Enjoyed a Strongold Over Their Elected MPS and Mlas Under Schedule 10 of the Constitution that makes it compulsory for the members of the members of the memorial Abide by the directions of their parties, failing which they stand to be disquested.