MNS: The Union Cabinet has approved introduction of a Bill in the coming session of the Parliament to amend the Right to Information Act, 2005, to exclude the political parties from the definition of Public authority for the purpose of the Act.
The Central Information Commission (CIC) in its decision dated 03.06.2013, has held that the political parties, namely, AICC/INC, BJP, CPI(M), CPI, NCP, and BSP are public authorities under Section 2(h) of the RTI Act. While deciding that the said political parties are public authorities, the CIC has relied mainly on the grounds that there is substantial (indirect) financing of political parties by the Central Government and they perform public duty.
The political parties are registered with the Election Commission under the provisions of section 29A of the
Representation of the People Act, 1951. Under this section any small group of persons, if they so desire, can be
registered as a political party by making a simple declaration under sub-section (5) of section 29A. With reference to the political parties, detailed provisions exist in the Representation of the People Act, 1951 which provides for dissemination of information relating to political parties, candidates and donations. The said Act, inter alia, provides for –
• Registration with the Election Commission of associations and bodies as political parties (section 29A)
• Political parties entitled to accept contribution (section 29B)
• Declaration of donation received by the political parties (section 29C)
• Declaration of assets and liabilities (section 75A)
• Account of election expenses and maximum thereof (section 77)
• Lodging of account with the district election officer (section 78)
• Penalty for filing false affidavit etc. (section 125A)
The above provisions of the Representation of the People Act, 1951 indicate that there are sufficient provisions in the Act to deal with each and every aspect of financing, its declaration and punishment for filing false affidavit and all such information is made available to the public through the website of the Election Commission. Under section 13A of the Income-tax Act, 1961, the political parties claiming exemption from tax are required to file their return of income before the due date .
Read more / Original news source: http://manipur-mail.com/rti-2005-to-be-amended/
