The petition, filed by the NGO Association for Democratic Reforms (ADR), refers to a 2013 decision by the Central Information Commission (CIC), which had ruled that all political parties fall under the purview of the RTI Act.

The Supreme Court has decided to conduct a detailed hearing on the plea to bring political parties under the Right to Information (RTI) Act. The hearing has been scheduled for April, with the court setting the date for the week commencing April 21. A bench led by Chief Justice Sanjiv Khanna has directed all relevant parties, including the central government and the Election Commission, to submit their responses.  

The petition, filed by the NGO Association for Democratic Reforms (ADR), refers to a 2013 decision by the Central Information Commission (CIC), which had ruled that all political parties fall under the purview of the RTI Act. However, despite this ruling, no political party has implemented the directive. ADR’s petition has remained pending since 2015. Later, advocate Ashwini Upadhyay also filed a petition on the same issue, and the Supreme Court merged both petitions for a joint hearing.  

During a brief hearing on February 14, ADR’s counsel Prashant Bhushan argued that the Supreme Court, in its verdict on the electoral bonds case, had already emphasised the need for greater transparency in the functioning of political parties. Responding to this, Chief Justice Khanna assured that the court would examine all aspects of the matter in detail.  

Why ADR Wants Political Parties To Come Under RTI 

The petitioners have argued that political parties play a crucial role in shaping government policies and, therefore, should be subject to transparency regulations. The petition highlights that political parties receive several benefits from the government, including land at subsidised rates, income tax exemptions, and free promotion on government-run television and radio channels. Based on these factors, the petitioners contend that political parties should be brought under the RTI Act. The ADR petition has specifically named six major political parties — Congress, BJP, NCP, BSP, CPI, and CPM — as respondents in the case.  

However, several political parties have opposed this move, arguing that bringing their internal affairs under RTI would be inappropriate. They have expressed concerns that such a move could lead to excessive scrutiny of internal discussions, decision-making processes, and even future political strategies. Some leaders have also argued that this could lead to people demanding details about internal meetings, potential protests, and even candidate selection for elections.

The central government, in its 2016 response, also raised objections, arguing that the CIC had adopted an overly broad interpretation of Section 2(h) of the RTI Act. The government maintained that while political parties are registered under the Representation of the People Act, they do not qualify as government entities and, therefore, should not be subject to the RTI Act.