The Supreme Court on Friday said that it will hear in April petitions including by NGO Association for Democratic Reforms (ADR), seeking directions to bring all recognized national political parties within the ambit of Right to Information (RTI) Act.

Asking the Central government, Election Commission of India, and six major political parties to file their written submissions to the petitions by the ADR, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar said that the matter would be heard in April.

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The top court order came in the course of the hearing of two petitions – by ADR and advocate Ashwini Upadhyay – seeking declaration that all the national political parties should be treated as public authority for the purpose of bringing them within the ambit of the Right to Information Act.

Besides, the Central government and the Election Commission of India, six national political parties that have been arrayed as respondents in the public interest plea (PIL) include the Indian National Congress, Bharatiya Janata Party, Communist Party of India, Communist Party of India (Marxist), Nationalist Congress Party and Bahujan Samaj Party.

The petitioners are relying on the 2013 and 2015, order of the Central Information Commission holding that the political parties which receive benefits like tax exemptions and land from the government, be brought under the RTI for ensuring transparency in the political system.

The Supreme Court had on July 7, 2015, issued notice to the central government, the Election Commission of India and six recognised national political parties and had sought their response as to why they should not be treated as public authority for the purpose of bringing them in the ambit of the Right to Information Act.

The Central government has told the top court that an order of the Central Information Commission (CIC) cannot be used to seek a writ from the top court to bring recognised political parties under the ambit of the RTI Act.

The Communist Party of India (Marxist) has told the top court saying that it supported the financial transparency amongst the political parties, but was against parties being compelled to disclose internal deliberation, and decisions, including why they chose a particular candidate for election.

The petition by advocate Ashwini Upadhyay says, “As per Section 29C of the Representation of People Act, donations received by political parties are required to be reported to the Election Commission of India. This obligation points towards their public character. Therefore, this court can declare that political parties are a ‘Public Authority’’ under Section 2(h) of the RTI Act, 2005 by reading Tenth Schedule of the Constitution with sections 29A, 29B and 29C of the RPA.”

The petition further says that the power of Election Commission of India to allot election symbols to political parties for their recognition and can suspend or withdraw it in violation of the Model Code of Conduct was indicative of their public character.

“Moreover, the political parties get tax exemptions, which amounts to indirect financing of the Political Parties in terms of Section 2(h) of the RTI Act,” it said.