All the political parties are control of Election Commission of India

Ref: Submission to Parliamentary Standing Committee regarding RTI (Amendment) Bill, 2013 http://www.rtifoundationofindia.com/submission-parliamentary-standing-committee-regard

Comment:  Section 2 (j) of RTI Act 2005-" Right to Information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- Here the issue is all the political parties are control of Election Commission of India and political parties are amenable to various civil and criminal laws of the country including the Prevention of Unlawful Activities Act and Income Tax Act as well as they are covered within the definition of state (other authorities)under Article 12 of the Constitution of India. So they amenable to writ and other jurisdiction of various judicial forum up to the Apex Court. Section 29A of the R.P. Act 1951 provides for the registration of the political parties with certain constitutional obligations and in case of violation thereof by them Election Commission has power to de-register them. The amendment in term of not to treat political party public authority under the Act is not going to serve so much purpose as so much information relating thereto are available with Election Commission of India and other departments and offices of the Governments. Despite the exemption of Political party information available with the controlling and concerned offices can not be withheld by the Public Information officer. Apart from that for the purpose of the term used "under the control of Public authority" in the definition of right to information the possessor of information ought not to be a public authority. Even a political party does not qualify the requirement of Section 24 of the Act. So exempting the political party would be a useless exercise and Moreover, it is negation of rule law the basic feature of Constitution of India. It has been given constitutional colour as the Anti Defection law has been provided in the tenth schedule of the Constitution of India. So no public authority can treat itself above the rule of law, otherwise there would tyranny. It is well said that where there is intransparency, there is impropriety. It is well known and perceived that the political parties are running and commanding the Governments and their functions. So the exemption of political party from the clutch of RTI Act negates the free and fair governance and true and ideal democracy.

Name: Bindeshwar Sah