The Supreme Court on Thursday deferred the final hearing on two significant public interest litigations (PILs) that seek to bring all major political parties under the ambit of the Right to Information (RTI) Act. The PILs, filed by the NGO Association for Democratic Reforms (ADR) and advocate Ashwini Upadhyay, aim to enhance transparency in political funding and curb the use of black money during elections.
A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar was scheduled to hear the matter but chose to keep it pending, with the CJI indicating the pleas may be taken up on May 15. Chief Justice Khanna is set to demit office on May 13.
The petitions urge the Court to declare all national and regional political parties registered under Section 29A of the Representation of the People Act, 1951, as “public authorities” under Section 2(h) of the RTI Act, 2005. The move would compel political parties to disclose their funding sources and other crucial details in the public domain.
During the hearing, advocate Prashant Bhushan, representing ADR, pointed out that the matter has remained pending for nearly a decade. The Supreme Court had earlier issued notices on ADR’s petition on July 7, 2015, to the Centre, the Election Commission of India (ECI), and six major political parties — including the Congress, BJP, CPI, NCP, and BSP.
Upadhyay’s 2019 petition echoed similar demands, seeking to treat political parties as public authorities to strengthen accountability and reduce corruption and communalisation in politics. The plea also urged the Centre to take concrete measures to combat electoral corruption and the misuse of public resources.
The petitioners argued that political parties enjoy several forms of indirect public financing — including allocation of government land and buildings, subsidised accommodations, and free airtime on Doordarshan during elections — thereby making them accountable to the public. They also stressed the need for parties to disclose all donations, including those below ₹20,000, which are currently exempt from mandatory disclosure.
Bhushan cited the Central Information Commission’s (CIC) earlier ruling that recognised political parties as public authorities under the RTI Act. He highlighted that political parties do not pay income tax on donations and wield significant control over legislatures through anti-defection provisions in Schedule 10 of the Constitution.
The ADR’s plea also asked the Court to direct the Election Commission to enforce compliance with the RTI Act, Representation of the People Act, Income Tax Act, and other election-related laws, with the power to deregister non-compliant parties.
