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Rajya Sabha Secretariat, New Delhi December, 2013/Agrahayana, 1935 (Saka) PARLIAMENT OF INDIA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE RAJYA SABHA ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE SIXTY SIXTH REPORT (Presented to the Rajya Sabha on 17th December, 2013) (Laid on the Table of Lok Sabha on 17th December, 2013) The Right to Information (Amendment) Bill, 2013 REPORT NO. 66
Transcript
Page 1: The Right to Information (Amendment) Bill, 2013

Rajya Sabha Secretariat, New DelhiDecember, 2013/Agrahayana, 1935 (Saka)

PARLIAMENT OF INDIA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE

RAJYA SABHA

ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

SIXTY SIXTH REPORT

(Presented to the Rajya Sabha on 17th December, 2013)(Laid on the Table of Lok Sabha on 17th December, 2013)

The Right to Information (Amendment) Bill, 2013

REPORT NO.

66

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Website:http://rajyasabha.nic.inE-mail:[email protected]

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PARLIAMENT OF INDIARAJYA SABHA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEEON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

SIXTY SIXTH REPORT

The Right to Information (Amendment) Bill, 2013

(Presented to the Rajya Sabha on 17th December, 2013)(Laid on the Table of Lok Sabha on 17th December, 2013)

Rajya Sabha Secretariat, New DelhiDecember, 2013/Agrahayana, 1935 (Saka)

Hindi version of this publication is also available

CS (P & L)-131

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CONTENTS

PAGES

1. COMPOSITION OF THE COMMITTEE ......................................................................................... (i)-(ii)

2. INTRODUCTION ........................................................................................................................ (iii)-(iv)

3. ACRONYMS ............................................................................................................................ (v)

4. REPORT .................................................................................................................................. 1—4

5. MINUTES OF DISSENT ............................................................................................................. 5

6. RELEVANT MINUTES OF THE MEETINGS OF THE COMMITTEE .............................................. 7—18

7. ANNEXURES ............................................................................................................................. 19—49

A. The Right to Information (Amendment) Bill, 2013 ................................................ 21—25

B. Comments of the Department of Personnel and Training on the views/suggestionscontained in Memoranda Submitted by Individuals/Organisations/Experts on theProvisions of the Bill .................................................................................................. 26—39

C. List of Persons Heard by the Committee at Delhi and during its study visit ... 40—42

D. List of Reports Presented by the Committee .......................................................... 43—49

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(i)

COMPOSITION OF THE COMMITTEE(Constituted on 31st August, 2013)

1. Shri Shantaram Naik — Chairman

RAJYA SABHA

2. Ms. Anu Aga

3. Shri Ram Jethmalani

4. Shri Sanjiv Kumar

5. Shri Parimal Nathwani

6. Shri Ram Vilas Paswan

7. Shri Sukhendu Sekhar Roy

8. Shri Ramchandra Prasad Singh

9. Dr. Abhishek Manu Singhvi

10. Shri Bhupender Yadav

LOK SABHA

11. Maulana Badruddin Ajmal

12. Shri T. R. Baalu

13. Shri E.T. Mohammed Basheer

14. Shri N.S.V. Chitthan

15. Shri P.C. Gaddigoudar

16. Shri D.B. Chandre Gowda

17. Shri Shailendra Kumar

18. Shri Jitender Singh Malik

19. Shri Arjun Meghwal

20. Shri Pinaki Misra

21. Shri Abhijit Mukherjee

22. Shri S.S. Ramasubbu

23. Shri S. Semmalai

24. Shri S.D. “Shariq”

25. Shrimati Meena Singh

26. Shri Vijay Bahadur Singh

27. Dr. Prabha Kishore Taviad

28. Shri Suresh Kashinath Taware

29. Shri Madhusudan Yadav

30. Vacant

31. Vacant

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(ii)

SECRETARIAT

Shri Alok Kumar Chatterjee, Joint Secretary

Shri K.P. Singh, Director

Shri Ashok K. Sahoo, Joint Director

Shrimati Niangkhannem Guite, Assistant Director

Shrimati Catherine John L., Assistant Director

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(iii)

INTRODUCTION

I, the Chairman of the Department-related Parliamentary Standing Committee on Personnel,Public Grievances, Law and Justice, having been authorised by the Committee on its behalf, do herebypresent the Sixty-sixth Report on the Right to Information (Amendment) Bill, 2013. The Bill seeks toamend the Right to Information Act, 2005. (Annexure-A)

2. In pursuance of the rules relating to the Department Related Parliamentary Standing Committee,the Hon’ble Chairman, Rajya Sabha referred§ the Bill, as introduced in the Lok Sabha on the12th August, 2013 and pending therein, to this Committee on the 12th September, 2013 for examinationand report.

3. Keeping in view the importance of the Bill, the Committee issued a press communiqué innational and local newspapers and dailies, to solicit views/suggestions from desirous individuals/organisations on the provisions of the Bill. In response thereto, 39 memoranda containing suggestionswere received, from various organizations/individuals/experts, by the Committee. The views/suggestionsreceived by Committee in written memoranda alongwith comments of DoPT are at Annexure-B.

4. The Committee heard the presentation of the Secretary, Department of Personnel and Trainingon the provisions of the Bill in its meeting held on the 27th September, 2013. During its Study Visitto Chennai, Mumbai and Jaipur from 3rd to 10th October, 2013 the Committee interacted with therepresentatives of various Political Parties such as Nationalist Congress Party, Indian National Congress,All India Anna Dravida Munnetra Kazhagam, Dravida Munnetra Kazhagam, Communist Party of India,Bharatiya Janata Party, Bahujan Samaj Party, Communist Party of India (Marxist), Shivsena, MaharashtraNav Nirman Sena, Samajwadi Party; representatives of NGOs such as Aruna Roy, Nikhil Dey andother stakeholders on the Bill. The Committee also heard, amongst others, Shri Jagdeep Chhokar,Shri Shekhar Singh, Shri Subash Chandra Agrawal; Shri Shailesh Gandhi, former CIC; Shri NripendraMisra, Public Interest Litigation; on the 6th November, 2013 and Shri Nilotpal Basu, Communist Partyof India (Marxist) on the 27th November, 2013 (detailed list at Annexure-C).

5. The Committee also sought the views of all National and State Political Parties on the Bill.Nationalist Congress Party, Communist Party of India, Indian National Congress, Communist Party ofIndia (Marxist), Desiya Murpokku Dravida Kazhagam submitted their written comments thereon.

6. While considering the Bill, the Committee took note of the following documents/informationplaced before it:–

(i) Background note on the Bill submitted by the Department of Personnel and Training,Ministry of Personnel, Public Grievances and Pensions;

(ii) Cabinet Note No. 1/13/2013-IR dated the 23rd July, 2013;

(iii) Views/suggestions contained in the memoranda received from various organisations/institutions/individuals/experts on the provisions of the Bill and the comments of theDepartment of Personnel and Training thereon;

(iv) Reply furnished by the Department of Personnel and Training to questionnaire on theBill;

§ Rajya Sabha Parliamentary Bulletin Part-II (No. 51260) dated the 12th September, 2013.

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(v) Reply furnished by the Department of Legal Affairs to questionnaire on the Bill;

(vi) Views expressed during the oral evidence tendered before the Committee by thestakeholders on the 6th and 27th November, 2013 and during its Study Visit;

(vii) Comments furnished by various recognized Political Parties on the Bill; and

(viii) Other research material/documents related to the Bill.

7. The Committee adopted the Report in its meeting held on the 13th December, 2013.

8. For the facility of reference and convenience, the observations and recommendations of theCommittee have been printed in bold letters in the body of the Report.

SHANTARAM NAIKNEW DELHI; Chairman,13th December, 2013 Committee on Personnel,

Public Grievances, Law and Justice

(iv)

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ACRONYMS

AICC All India Congress Committee

AIR All India Radio

BJP Bharatiya Janata Party

BSP Bahujan Samajwadi Party

CIC Central Information Commission

CPIO Central Public Information Officer

CPI(M) Communist Party of India (Marxist)

CPI Communist Party of India

DOPT Department of Personnel and Training

DMDK Desiya Murpokku Dravida Kazhagam

ECI Election Commission of India

INC Indian National Congress

IT Information Technology

MLA Member of Legislative Assembly

MP Member of Parliament

NCP Nationalist Congress Party

NGO Non-Governmental Organisation

RTI Right to Information

(v)

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REPORT

The Right to Information (Amendment) Bill, 2013 seeks to amend the Right to InformationAct, 2005 in order to nullify order of full Bench of Central Information Commission (CIC) of 3rd June,2013 (resting in File No. CIC/SM/C/2011/001386 and CIC/SM/C/2011/000838) bringing six nationalpolitical parties (AICC/INC, BJP, CPI(M), CPI, NCP and BSP) under the ambit of RTI Act by makingliberal interpretation of the term ‘public authority’ mentioned under Section 2(h) of the RTI Act.

2. The Statement of Objects and Reasons appended to the Bill mentions that the political partiesare not public authorities since they are neither established nor constituted by or under the Constitutionor any other law made by Parliament. They are rather registered/recognized under the Representationof People Act, 1951 and Rules/Orders made or issued thereunder. Provisions of the Representation ofPeople Act, 1951 as well as the Income Tax Act, 1961 deal with transparency in the financial aspectsrelating to the parties and their candidates. Declaring political parties as public authority under the RTIAct would hamper their smooth internal functioning; party rivals may misuse the provisions of the RTIAct adversely affecting the functioning of political parties. Moreover, the objective of the said Act isnot to include political parties under its ambit. Since the decision of CIC is binding upon the partiesin view of Section 19(7) of the RTI Act, the Statement of Objects and Reasons has also mentionedthat aforesaid amendment to keep political parties out of ambit of the RTI Act will have retrospectiveeffect from the date of decision of CIC, i.e., 3rd June, 2013.

3. While passing the order the full Bench of the Central Information Commission set aside itssingle Bench Order of 8th July, 2009 in complaint No. CIC/MISC/2009/0001 and CIC/MISC/2009/0002wherein that Commission could not agree that political parties could fall within the definition of publicauthority as defined under Section 2 (h) of the RTI Act.

4. The CIC while arriving at its decision has primarily laid out following arguments:–

(i) Political parties can be said to have been constituted by their registration by ElectionCommission of India (ECI), a fact akin to establishment or constitution of a body orinstitution by an appropriate Government;

(ii) Substantial (indirect) financing of political parties by the Central Government in multipleways which includes allotment of land in Delhi and State capitals, Governmentaccommodation/bungalow on concessional rent in prime areas of Delhi, total exemptionof their donation from income tax under Section 13 A of Income Tax Act, 1961, freeair time on Doordarshan and All India Radio and free electoral rolls by Election Commission;

(iii) Performance of Public duties by the political parties. Being unique institution they wieldcontrolling influence directly or indirectly on the exercise of Government power in spiteof being non-governmental; and

(iv) Political parties enjoy constitutional and legal rights and liabilities.

5. The CIC has inter-alia directed six national political parties to designate Central PublicInformation Officers (CPIO) and the Appellate Authorities at the Head Quarters within six weeksperiod from the date of its order.

6. The Bill proposes insertion of an explanation to Section 2(h) of the Act to exclude all politicalparties both recognized and registered from the ambit of public authority in relation to the RTI Act.The Department of Legal Affairs in its opinion through the reply to the questionnaire to the Committeehas agreed that the ratio of the order of CIC dated the 3rd June, 2013 may be applicable to 1444 odd

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2

political parties including 52 national and state political parties, if criteria laid down by it is establishedin their case.

7. The Committee noted the justification to the proposed amendment given in the Cabinet NoteNo. 1/13/2013-IR dated the 23rd July, 2013 to annul erroneous decision arrived at by CIC by liberalinterpretation of the term ‘public authority’ in relation to RTI Act:–

● Registration of political parties under Section 29 A of the RP Act, 1951 with ElectionCommission of India cannot be construed as akin to establishment or constitution of bodyor institution by an appropriate Government.

● Misuse of the Act by political rivals with malicious intention which may adversely affectsmooth functioning of political parties which is neither the object of the Act nor wasenvisaged by Parliament under the Act.

Deposition of Secretary, DOPT

8. The Secretary, DOPT, which is nodal Ministry for the Act submitted that many Non-Governmental Organizations1 have been declared as public authority in relation to RTI Act on thegrounds of substantial financing by the appropriate Government, by the judiciary. He justified theamendment to the Act on the ground that possible political misuse of the Act by political rivals whichwould destabilize the political party which is not the objective of the Act. Existing provisions in theRP Act, 1951 and the Income Tax Act, 1961 ensure transparency in the financial aspects of politicalparties. He added that all information including financial information which are not exempted underSection 8 of the Act needed to be shared if the order of CIC is not nullified.

Stand of Recognized Political Parties

9. All six national political parties expect CPI which were respondent to the CIC order of 3rd

June, 2013 were categorical in their assertion that political parties are not public authority in relationto RTI Act. The Committee sought views of all recognized national and state parties on the proposedlegislation. Till date INC, NCP, CPI, CPI(M) and Desiya Murpokku Dravida Kazhagam (DMDK) havesubmitted their views which are in support of proposed amendment. However, the BJD through itsMember in the Committee, has categorically asserted that his party firmly opposes the proposedamendment and fully supports the spirit and tenor of the CIC order.

10. By and large, the political parties are in favour of transparency in their financial matter in largerpublic interest, which according to them, already exists.

Views of Civil Society

11. The Committee gathers from the evidence submitted to the Committee that the larger view ofthe civil society is in opposition to the proposed amendment to RTI Act. They are of the view thatinformation relating to financial matter of political parties need to be shared with public as bulkfinancing to political parties is under Rs.20,000 which is not reported to Election Commission of Indiaand Income Tax Authorities and is therefore unaccounted for. Some of the political parties havereportedly been in receipt of contributions from foreign sources in contravention of Section 29B ofthe RP Act, 1951 and corresponding provision in the Foreign Contribution (Regulation) Act, 2010.While one Section is for transparency in functioning of political parties and sharing of informationrelating to selection/rejection of the candidates, election strategies, etc. in addition to informationrelating to financing of parties for the sake of good governance and electoral reforms, the other

1 Indian Olympic Association, Chandigarh, Lawn Tennis Association, Chandigarh Club, India International Centre, DelhiPublic School, Rohini.

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section is interested only with the information relating to financing of political parties. However, all ofthem suggested to the committee that amendment to RTI Act is unnecessary as inbuilt provisions togive exemption to the information of competitive nature is provided under Section 8 of the Act. Theywere of the view that the information which political parties have reasons to believe to affect itsinternal functioning can be sought to be exempted. All of them have requested to the Committee torecommend to Government to withdraw the Bill in larger public interest.

Opinion of Attorney General

12. Attorney General for India in his deposition has offered following opinion:–

● Proposed amendment to RTI Act excluding Political Parties from the definition of publicauthority may not withstand constitutional challenge as it is creating a class within a classwithout having any consideration to the principle of intelligible differentia having reasonablenexus with objective of the Act (promotion of transparency and accountability).

● Political Parties are foundation of democracy and need to be given sufficient protectionfrom malicious and motivated application for which safeguards already exist underSection 8 of the Act.

Instrumentality of Government vis-a-vis instrumentality of State

13. Representatives of some political parties submitted that political parties are neither instrumentalityof Government nor funded by the Government, therefore, they cannot be treated as public authoritiesin relation to RTI Act. The Committee noted that preamble to the RTI Act clearly mentions thatGovernment and its instrumentalities are accountable to the governed for the sake of transparency andaccountability under RTI Act. Department of Legal Affairs in their replies to the questionnaire havestated that instrumentality or agency of the Government is not restricted to entities created under orby statute. A body upon which the Government has merely regulatory control could be instrument ofGovernment if that body is substantially financed by the appropriate Government either by direct orindirect manner. The judgement of Supreme Court in the Thalappalam Service Cooperative Bank Ltd.Vs. State of Kerala delivered on 7th October, 2013, may be referred to wherein even privateorganizations (NGOs) which are substantially financed by the appropriate Government in direct orindirect manner are also instrument of Government and public authorities in relation to RTI Act in viewof Section 2(h)(ii) of the Act. All bodies having deep and pervasive control of Government areinstrumentalities of State. Both instrumentalities of State and Government are public authorities inrelation to RTI Act.

Substantially financed by Appropriate Government

14. Department of Legal Affairs in their reply to the questionnaire have submitted to theCommittee that funding from Consolidated Fund of India/State is not the sole criterion to determinewhether the body is substantially financed. Even financing in indirect manner i.e. grant of plot of landat concessional rate, tax exemption are also other criteria to declare a body as instrument ofGovernment in relation to RTI Act.

15. It is clarified to the Committee that political parties are voluntarily association of individuals.However, those cannot be construed as constituted or established under the law unless and until theyare registered under the Act(s) of Parliament/State Legislature. The Department of Legal Affairs havesubmitted that there is no legal bar to any association of individuals without being registered with ECIto contest election. Registration with Election Commission would enable political parties to get thebenefit of Part IV A of the Representation of People Act i.e. getting contribution in terms of Section29 B of the RP Act, 1951.

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16. The Committee also noted that following provisions in other existing laws ensure adequatetransparency in respect of financial matters of political parties and their candidates which have beenstressed as grounds for not bringing political parties under RTI Act:

● Declaration of contribution received in excess of Rs.20,000/- from any individual andnon-governmental companies to Election Commission which that Commission put on itswebsite (Section 29C of the RP Act, 1951, read with Rule 85B of the Conduct of ElectionRules, 1961).

● Declaration of assets and liabilities by elected candidates for a House of Parliament(Section 75A of the RP Act, 1951).

● Maintenance of correct account of election expenditure of the candidate (Section 77 ofthe RP Act, 1951).

● Lodging of account of election expenses by the candidate with District Election Officer(Section 78 of the RP Act, 1951).

● Disqualification of the candidate for failing to lodge election expenses by ElectionCommission (Section 10A of the RP Act, 1951).

● Penalty for filing false affidavit (Section 125A of the RP Act, 1951).

● Direction from Election Commission of India to political parties to submit their accountswithin 90 days after general election in case of Lok Sabha and 75 days in case ofAssembly elections (last issued on 21st January, 2013).

● Inspection of accounts of candidate of political party and obtaining the same from ECIon payment of nominal charges (Section 88 of the RP Act, 1951).

● Declaration of assets and liabilities to the Ethics Committee of House by the Members ofParliament.

Recommendation/Observations of Committee

17. The Committee observes that the aspects of transparency of the financial matters ofthe political parties are fully covered under the laws and mechanisms as referred to above.

18. The Committee understands that none of the six political parties, who happened to berespondent to CIC Order of 3rd June, 2013, challenged the order in the higher judiciary. Thatwas an option with those political parties, which they did not exercise, as the instant case isa case of misinterpretation of a clear provision of law.

19. The present amendment has been brought by the Government with a view to resolvethe issue whether political parties are public authorities or not by specifically excluding themfrom the RTI Act so as to completely avoid the scope of ambiguity. The Committee considersthat proposed amendment is a right step to address the issue once for all. Committee,therefore, recommends for passing of the Bill.

20. In the course of deliberations, the Committee’s attention was drawn to the sustainabilityof legislation in the court of law. In this connection, Committee noted the suggestions madeby Attorney General of India vis-a-vis Law Secretary. The Attorney General of India wasapprehensive that this law would not sustain the test of judicial scrutiny as it was creating aclass within a class without having any consideration to the principle of intelligible differentiahaving reasonable nexus with objective of the Act, whereas the Law Secretary was of the viewthat it was quite sustainable since Parliament has legislative competence to override the CICdecision. The Committee, however, subscribes to the opinion expressed by the Law Secretary.

21. The Committee is of the strong view that laws should not be laid down through aprocess of misinterpretation of clear provisions of law.

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Minutes of Dissent submitted by Ms. Anu Aga

I consider political parties to be public authorities because they get substantive financial fundingfrom the Government of India. For example:

❷ Allotment of land in prime areas of the national and state capitals at subsidised rates.

❷ Allotment of bungalows at highly subsidized rates.

❷ Free airtime on Doordarshan and All India Radio during Lok Sabha and State Assemblyelections.

❷ Tax exemption on donations.

2. Political parties compete in elections to receive a mandate from the public to form theGovernment and therefore they are very different from ordinary NGOs or media houses or indeed anyother private associations.

It is in the public interest that Political Parties disclose information about themselves to citizensbecause parties are the most essential ingredient for the functioning of our democracy, they performa public duty, they have a public function and they have a legal basis.

3. There is concern among the Political Parties that if they come under the RTI Act their rivalswill use RTI applications to get critical information and their strategies. However, under the Section8(1) (d), there is no obligation for any public authority to give to a citizen “information includingcommercial confidence, trade secrets or intellectual property, the disclosure of which would harm thecompetitive position of a third party”.

To further safeguard this concern, the Supreme Court or Central Information Commission itselfcould issue a clarification with special reference to exempting a political party from voluntarydisclosure on matters that give its rivals/competitors information about its strategies.

4. There is currently very little transparency about the financial affairs of political parties. Theyare only required to submit expense reports to the Election Commission during elections, and incometax statements to the tax authorities. But more than 80% of their income is from “unknown” sources,as was revealed in a recent RTI application. Their tax exempt status is contingent on their filing taxreturns. But non-filing attracts no penalty, nor recovery of taxes. The Election Commission canregister, but not de-register or penalize parties in any way. So it is very important that their financesbe disclosed via RTI framework.

Most importantly, if political parties are to play a critical role in improving governance, theythemselves must submit to higher standards of transparency and accountability. It is of utmostimportance that financing and expenses of parties be completely transparent.

Sd/-(Anu Aga)

Member, Rajya Sabha

5

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MINUTES

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IISECOND MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances,Law and Justice met at 3:00 P.M. on Friday, the 27th September, 2013 in Room No. G-074, ParliamentHouse Library, New Delhi.

MEMBERS PRESENT

1. Shri Shantaram Naik — Chairman

RAJYA SABHA2. Ms. Anu Aga3. Shri Ram Vilas Paswan4. Shri Sukhendu Sekhar Roy5. Shri Bhupender Yadav

LOK SABHA6. Shri E.T. Mohammed Basheer7. Shri Shailendra Kumar8. Shri Arjun Meghwal9. Shri Pinaki Misra

10. Shri S.S. Ramasubbu11. Shri Abhijit Mukherjee12. Shri Vijay Bahadur Singh13. Dr. Prabha Kishore Taviad

SECRETARIATShri Alok Kumar Chatterjee, Joint Secretary

Shri K.P. Singh, Director

Shri Ashok K. Sahoo, Joint Director

Shrimati Niangkhannem Guite, Assistant Director

Shrimati Catherine John L., Assistant Director

I. * * *

II. The Right to Information (Amendment) Bill, 2013

Ministry of Personnel, Public Grievances and Pensions

● Department of Personnel and Training1. Dr. S.K. Sarkar, Secretary2. Shri Manoj Joshi, Joint Secretary3. Shri Sandeep Jain, Director (IR)

*** Relates to some other matter.

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● Legislative Department1. Dr. Sanjay Singh, Additional Secretary2. Shri. Udaya Kumara, Additional Legislative Counsel3. Shri. K.V. Kumar, Deputy Legislative Counsel

2. * * *

3. * * *

4. * * *

5. * * *

6. * * *

The Right to Information (Amendment) Bill, 2013

7. The Chairman then welcomed the Secretary, Department of Personnel and Training and seniorofficials of DoPT and Legislative Department to the meeting. He then requested the Secretary to makea presentation on the Right to Information (Amendment) Bill, 2013.

8. The Secretary, while making a power point presentation on the Bill, apprised the Committeethat in the past, in a series of decisions, the High Courts and the Central Information Commission helda number of Non-Governmental Organizations as ‘Public authorities’ in relation to the Right toInformation Act, 2005 and that in its decision dated 3rd June, 2013, the Central Information Commissionheld that some Political Parties are ‘public authorities’ in relation to the RTI Act. He stated that onexamination of the said decision of the Central Information Commission, it was observed that theCentral Information Commission had made a very liberal interpretation of Section 2 (h) of the RTI Act.He opined that Political Parties are not established or constituted by or under the Constitution or byany other laws made by Parliament and that they are only registered under the Representation of thePeople Act, 1951. He further stated that there are already provisions in the Representation of thePeople Act, 1951, as well as in the Income Tax Act which ensure to necessary transparency regardingfinancial aspects of a Political Party.

9. While responding to the queries raised by the Chairman and Members of the Committee, therepresentative of Department of Personnel & Training clarified that in response to an application underthe RTI Act, every information that is not exempted under Section 8 of the Act and which is availablewith the ‘public authority’ has to be provided.

10. The Chairman and Members of the Committee expressed their reservations about the CentralInformation Commission’s decision dated 3rd June, 2013.

(The witnesses then withdrew)

11. A verbatim record of the proceedings of the meeting was kept.

12. The Committee then adjourned at 4.32 P.M.

*** Relates to some other matter.

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VFIFTH MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances,Law and Justice met at 11.00 A.M. on Wednesday, the 6th November, 2013 in Committee Room‘G-074’, Ground Floor, Parliament Library Building, New Delhi.

MEMBERS PRESENT

1. Shri Shantaram Naik — Chairman

RAJYA SABHA

2. Shri Ram Jethmalani

3. Shri Ram Vilas Paswan

4. Shri Sukhendu Sekhar Roy

LOK SABHA

5. Shri T.R. Baalu

6. Shri N.S.V. Chitthan

7. Shri P.C. Gaddigoudar

8. Shri Shailendra Kumar

9. Shri Arjun Meghwal

10. Shri Pinaki Misra

11. Shri Abhijit Mukherjee

12. Shri S.S. Ramasubbu

13. Shri S. Semmalai

14. Shri S.D. Shariq

15. Shrimati Meena Singh

16. Shri Vijay Bahadur Singh

17. Dr. Prabha Kishore Taviad

SECRETARIAT

Shri Alok Kumar Chatterjee, Joint Secretary

Shri K.P. Singh, Director

Shri Ashok K. Sahoo, Joint Director

Shrimati Niangkhannem Guite, Assistant Director

Shrimati Catherine John L., Assistant Director

11

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WITNESSES:

At 11.00 A.M.

1. Association for Democratic Reforms, New Delhi;

(i) Prof. Jagdeep Chhokar

(ii) Shri Anurag Mittal

(iii) Ms. Shivam Kapoor

2. National Campaign for People’s Right to Information, New Delhi;

(i) Ms. Anjali Bharadwaj

(ii) Shri Shekhar Singh

3. Shri Subash Chandra Agrawal, New Delhi;

4. (i) Adv. Om Prakash Saxena

(ii) Shri Neeraj Saxena Ghaziabad;

(i) Shri Sanjeev Gupta

(ii) Shri Anuj Aggarwal

5. (i) Shri Kamlesh Shantilal Shah

(ii) Ms. Ankita Kamlesh Shah RTI Activists, Nagpur;

6. Shri K.K. Sharma, New Delhi;

7. Shri Kulamani Mishra, Odisha.

At 2.30 P.M.

8. Shri Shailesh Gandhi, Former Chief Information Commissioner, Mumbai;

9. Akhil Bharatiya Grahak Panchayat, Delhi;

(i) Shri B.S. Sachdeva

(ii) Dr. Jaikishan

(iii) Shri Prabhat Gujral

10. Shri Ashok Mittal, Indian Council of Universities, Mathura;

11. Shri Nripendra Misra, Public Interest Litigation, Delhi;

12. Shri Sarabjit Roy, India Against Corruption, Jan Andolan and National Campaign forPolitical Reform in India, New Delhi;

13. Adv. R.L. Saravanan, Chennai;

14. Shri V. Ramesan, Potti Sreeramulu Foundation, Andhra Pradesh; and

15. (i) Shri Rahul Kadiyan

(ii) Ms. Swati Chawla

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Ms. Mamta Kundra, Joint Secretary.

Page 25: The Right to Information (Amendment) Bill, 2013

13

2. The Chairman welcomed the Members of the Committee, witnesses and senior officers of theDepartment of Personnel and Training to the meeting. He then requested Prof. Jagdeep Chhokar toplace before the Committee, his views on the Right to Information (Amendment) Bill, 2013.

3. Prof. Jagdeep Chhokar, while tendering his views on the Bill, emphasized upon the vital roleplayed by political parties in the polity of our nation and the need to ensure transparency in thefunctioning of political parties. He drew attention of the Committee to the 170th Report of the LawCommission of India titled “Reform of the Electoral Laws” wherein it was observed that democracyand accountability must bind the political parties which are integral to parliamentary democracy.

4. Thereafter, Shrimati Anjali Bharadwaj voiced her concern about the proposed amendment to theRight to Information Act and suggested that the apprehensions of political parties that disclosure ofinformation under the RTI Act may turn out to be harmful to them, can be taken care of, by the Ruleswhich can be framed under the Act. While elucidating upon the reasons as to why political partiesshould come under the purview of the RTI Act, Shri Shekhar Singh opined that the political partiesare in receipt of public resources and that the public who have donated their money, given their hopesand support to a political party, have the right to know whether that political party is living up to theirhopes and aspirations.

5. Shri Subash Chandra Agrawal, while allaying the apprehensions raised with respect to the CICdecision dated 3rd June, 2013 opined that Section 8(1) and 7(a) of the RTI Act, 2005 are sufficientto address such concerns and that political parties need to give only that information which is availablewith them. He expressed his views that if the public authorities earnestly comply with the provisionfor suo-motu disclosure in the RTI Act, the number of applications filed under the statute woulddecrease significantly.

6. Advocate Om Prakash Saxena pointed out some incongruities, which according to him, existin certain decisions of the Central Information Commission. Shri Kamlesh Shantilal Shah, while placingon record his opposition to the proposed amendment, suggested that the best feasible alternative wasto challenge the impugned CIC decision in a Court of law.

7. Shri K.K. Sharma highlighted the instances of misuse of the RTI Act which came to his noticeduring his tenure in the Delhi Government wherein many trivial and unrelated queries raised under theAct, resulted in unnecessary wastage of manpower, time and resources. He put forth the proposal thatthe public can seek information available with the Election Commission of India and State ElectionCommission, rather than directly from the political parties. He suggested that the time period given inthe RTI Act to furnish information may be enhanced.

8. Shri Kulamani Mishra averred that the proposed amendment is an unnecessary attempt tocurtail the rights of the public to know and to act against the wrongdoing of political parties in theirfinancial management and inner party democracy.

9. The witnesses responded to the queries raised by the Members of the Committee.

(The witnesses then withdrew)

(The Committee adjourned for lunch and re-assembled at 2.30 P.M.)

10. The Chairman welcomed the witnesses and senior officers of the Department of Personnel andTraining to the meeting. He then requested Shri Shailesh Gandhi to present his views on the Right toInformation (Amendment) Bill, 2013 before the Committee.

11. Shri Shailesh Gandhi, while highlighting the benefits of the RTI Act, stated that the concernsraised about the impugned decision of CIC were unfounded and that it was high time that citizens areaccepted as the masters of the Government. He was of the view that challenging the CIC decisionin a Court of law was a better option than the proposed amendment.

Page 26: The Right to Information (Amendment) Bill, 2013

14

12. Expressing his support to the CIC decision, Shri B.S. Sachdeva opined that if political partiesare excluded from the purview of the RTI Act, then NGOs would also register themselves as politicalparties to enjoy such immunity. Shri Ashok Mittal, speaking on behalf of the private universities andeducational institutions, stated that though they did not receive financial support from the Government,they had been brought under the ambit of the RTI Act, which according to him, was against theintention of the Parliament while enacting the statute. He narrated a few instances wherein RTI Actwas allegedly misused by vested interests.

13. Shri Nripendra Misra pointed out that during the debates in the House on the RTI Bill in 2009,the Government had assured that no amendments would be made unless there is wide publicconsultation and that such consultation was not done for the proposed amendment. He stated that outof the 1,450 registered political parties, only 112 of them submitted their annual financial statementsin 2012-13 and that only 56 political parties gave information about the donations received by themin 2011-12. He raised doubts about the effectiveness of the relevant provisions of the Representationof People Act, 1951 and the Income Tax Act, 1961 in ensuring financial transparency of politicalparties.

14. Shri Sarabjit Roy disagreed with the CIC decision, both in its reasoning and in its processes.He underscored the need for quick disposal of appeals pending with the CIC and the requirement ofthe full CIC Bench to decide on vial matters, such as the decision dated 3rd June, 2013. Advocate R.L.Saravaranan, while voicing his opposition to the proposed amendment, based his submissions on thepremise that the Bill violates Article 14 of the Constitution, in that it treats political parties differentlyfrom other registered associations.

15. While placing before the Committee, his views that political parties should not be made publicauthorities, Shri Rahul Kadiyan stated that the CIC has, in fact, amended the RTI Act by bringingpolitical parties under its purview and also encroached upon the powers of the Election Commissionof India. Shri V. Ramesan, while opposing the proposed amendment, dismissed fears of misuse of theRTI Act by political rivals.

16. The witnesses responded to the points put forward by the Members of the Committee.

(The witnesses then withdrew)

17. A verbatim record of the proceedings of the meeting of the Committee was kept.

18. The meeting adjourned at 4.21 P.M. to meet again at 11.00 A.M. on 13th November, 2013.

Page 27: The Right to Information (Amendment) Bill, 2013

15

VISIXTH MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances,Law and Justice met at 11.30 A.M. on Wednesday, the 27th November, 2013 in Room No. ‘63’, FirstFloor, Parliament House, New Delhi.

MEMBERS PRESENT

1. Shri Shantaram Naik — Chairman

RAJYA SABHA2. Ms. Anu Aga3. Shri Parimal Nathwani4. Shri Ram Vilas Paswan5. Shri Sukhendu Sekhar Roy6. Shri Ramchandra Prasad Singh

LOK SABHA7. Shri T.R. Baalu8. Shir P.C. Gaddigoudar9. Shri Shailendra Kumar

10. Shri Pinaki Misra11. Shri Abhijit Mukherjee12. Shri S.S. Ramasubbu13. Smt. Meena Singh14. Shri Vijay Bahadur Singh15. Dr. Prabha Kishore Taviad16. Shri Suresh Kashinath Taware

SECRETARIATShri Alok Kumar Chatterjee, Joint SecretaryShri K.P. Singh, DirectorShri Ashok K. Sahoo, Joint DirectorShrimati Niangkhannem Guite, Assistant DirectorShrimati Catherine John L., Assistant Director

WITNESSES

Representatives of Communist Party of India (Marxist)

Shri Nilotpal Basu, former M.P. and Member of the Central Secretariat of the Party

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

Ms. Mamta Kundra, Joint Secretary

15

Page 28: The Right to Information (Amendment) Bill, 2013

16

2. The Chairman welcomed the witnesses and senior officers of the Department of Personnel andTraining to the meeting. He then requested Shri Nilotpal Basu to place before the Committee, the viewsof Communist Party of India (Marxist) on the Right to Information (Amendment) Bill, 2013.

3. Shri Nilotpal Basu drew the attention of the Committee to a decision of the Supreme Courtpronounced subsequent to the impugned order of the Central Information Commission dated 3rd June,2013. He stated in this regard that in Thalapalam Service Cooperative Bank Ltd. and Others vs. Stateof Kerala 2013 STPL (Web) 818 SC, the Supreme Court has made it very clear that merely providingsubsidies, grants, exemptions, privileges, etc., as such, cannot be said to be providing funding to asubstantial extent unless the record shows that the funding was so substantial to the body whichpractically runs by such funding and but for such funding, it would struggle to exist.

4. He was of the view that the RTI Act, 2005 as passed by Parliament, did not envisage thepolitical parties, but only Government or Government agencies which are mainly utilizing public funds,to be within the ambit of the Act. He emphasized on the importance of transparency and accountabilityof political parties and suggested that the political parties should suo motu disclose financial details.He also expressed the inability to identify all individuals who contribute for the political party, especiallyin small amounts.

5. The witness responded to the queries raised by the Members of the Committee.

(The witness then withdrew)

6. The Committee then took up for consideration its draft Sixty-third and Sixty-fourth Reportson the Rajasthan Legislative Council Bill, 2013 and the Judicial Appointments Commission Bill, 2013.The Members expressed their views on the draft Reports and adopted the same with some minormodifications.

7. The Committee then authorized the Chairman and in his absence, Shri Sukhendu Sekhar Royto present the Reports in the Rajya Sabha and Shri Shailendra Kumar and in his absence, Shri AbhijitMukherjee to lay the same on the Table of the Lok Sabha, on Friday, the 6th December, 2013.

8. A verbatim record of the proceedings of the meeting of the Committee was kept.

9. The meeting adjourned at 12.48 P.M.

Page 29: The Right to Information (Amendment) Bill, 2013

17

VIISEVENTH MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances,Law and Justice met at 10.00 A.M. on Friday, the 13th December, 2013 in Committee Room ‘A’,Parliament House Annexe, New Delhi.

MEMBERS PRESENT

1. Shri Shantaram Naik — Chairman

RAJYA SABHA2. Ms. Anu Aga3. Shri Sukhendu Sekhar Roy

LOK SABHA4. Shri E.T. Mohammed Basheer5. Shri Shailendra Kumar6. Shri Pinaki Misra7. Shri Abhijit Mukherjee8. Shri S.S. Ramasubbu9. Shrimati Meena Singh

10. Shri Vijay Bahadur Singh11. Dr. Prabha Kishore Taviad

SECRETARIATShri Alok Kumar Chatterjee, Joint SecretaryShri K.P. Singh, DirectorShri Ashok K. Sahoo, Joint DirectorSmt. Niangkhannem Guite, Assistant DirectorSmt. Catherine John L., Assistant Director

2. The Chairman extended a warm welcome to all the Members. The Committee then took upfor consideration its draft Sixty-sixth Report on the Right to Information (Amendment) Bill, 2013. TheMembers expressed their views on the draft Report and adopted the same with some minormodifications. Ms. Anu Aga submitted a Note of dissent. The Committee agreed to append appropriatelythe same to the Report.

3. The Committee then authorized the Chairman and in his absence, Shri Sukhendu Sekhar Royto present the Report in the Rajya Sabha and Shri Shailendra Kumar and in his absence, Shri S.S.Ramasubbu to lay the same on the Table of the Lok Sabha, on Monday, the 16th December, 2013.

4. Thereafter, the Chairman informed the Members that the Assam Legislative Council Bill, 2013has been referred to the Committee on 11th December, 2013 for examination and report within threemonths. The Committee authorized the Secretariat to issue a Press Communique seeking views/suggestions on the Bill from the public.

17

Page 30: The Right to Information (Amendment) Bill, 2013

18

5. The Committee then reviewed the status of the pending subjects/Bills. The Committee decidedto visit Kolkata and Guwahati from 19th to 23rd January, 2014 in connection with the examination ofBills viz., The Prevention of Corruption (Amendment) Bill, 2013 and Assam Legislative CouncilBill, 2013. The Committee accordingly, authorized the Chairman to seek necessary permission ofHon’ble Chairman, Rajya Sabha for undertaking the said study visit.

6. The meeting adjourned at 10.30 A.M.

Page 31: The Right to Information (Amendment) Bill, 2013

19

ANNEXURES

Page 32: The Right to Information (Amendment) Bill, 2013
Page 33: The Right to Information (Amendment) Bill, 2013

ANNEXURE-A

AS INTRODUCED IN LOK SABHA

07 May, 2012

Bill No. 112 of 2013

THE RIGHT TO INFORMATION (AMENDMENT) BILL, 2013

A

BILL

to amend the Right to Information Act, 2005.

BE it enacted by Parliament in the Sixty-fourth Year of theRepublic of India as follows:—

1. (1) This Act may be called the Right to Information(Amendment) Act, 2013.

(2) It shall be deemed to have come into force on the 3rd dayof June, 2013.

2. In section 2 of the Right to Information Act, 2005(hereinafter referred to as the principal Act), in clause (h), thefollowing Explanation shall be inserted, namely:––

‘Explanation.—The expression “authority or body orinstitution of self-government established or constituted” byany law made by Parliament shall not include any associationor body of individuals registered or recognised as politicalparty under the Representation of the People Act, 1951.’.

3. After section 31 of the principal Act, the following sectionshall be inserted, namely:—

“32. Notwithstanding anything contained in anyjudgment, decree or order of any court or commission, theprovisions of this Act, as amended by the Right to

21

Short title andand commence-ment.

22 of 2005. Amendment ofsection 2.

Insertion ofnew section 32.

43 of 1951.

Validation.

Page 34: The Right to Information (Amendment) Bill, 2013

22

Information (Amendment) Act, 2013, shall have effect andshall be deemed always to have effect, in the case of anyassociation or body of individuals registered or recognisedas political party under the Representation of the PeopleAct, 1951 or any other law for the time being in force andthe rules made or notifications issued thereunder.”.

43 of 1951.

Page 35: The Right to Information (Amendment) Bill, 2013

23

23

STATEMENT OF OBJECTS AND REASONS

The Right to Information Act, 2005 was enacted by theGovernment for setting out a framework for effectuating the right toinformation for citizens and to secure access to information under thecontrol of public authorities, in order to promote transparency andaccountability in the working of every public authority.

2. The Central Information Commission in one of its decisiondated 03.06.2013 has held that the political parties namely AICC/INC,BJP, CPI (M), CPI, NCP and BSP are public authorities under section2(h) of the said Act. The Government considers that the CIC hasmade a liberal interpretation of section 2(h) of the said Act in itsdecision. The political parties are neither established nor constituted byor under the Constitution or by any other law made by Parliament.Rather, they are registered or recognised under the Representation ofthe People Act, 1951 and the rules/orders made or issued thereunder.

3. It has also been observed that there are already provisions inthe Representation of the People Act, 1951 as well as in the Income-tax Act, 1961 which deals with the transparency in the financialaspects of political parties and their candidates.

4. Declaring a political party as public authority under the RTIAct would hamper its smooth internal working, which is not theobjective of the said Act and was not envisaged by Parliament underthe RTI Act. Further, the political rivals may misuse the provisions ofRTI Act, thereby adversely affecting the functioning of the politicalparties.

5. In view of above, the Government has decided to amend theRTI Act to keep the political parties out of the purview of the RTIAct, with a view to remove the adverse effects of the said decisionof the CIC. It is also necessary to give retrospective effect to theproposed amendment with effect from the date of the said decision ofCIC, that is, 3rd day of June, 2013.

6. The Bill seeks to achieve the above objects.

NEW DELHI; V. NARAYANASAMYThe 5th August, 2013.

Page 36: The Right to Information (Amendment) Bill, 2013

24

24

ANNEXURE

EXTRACT FROM THE RIGHT TO INFORMATION ACT, 2005

(22 OF 2005)

* * * * *

2. In this Act, unless the context otherwise requires,—

* * * * *

(h) “public authority” means any authority or body orinstitution or self-government established or constituted—

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by theappropriate Government, and includes any—

(i) body owned, controlled or substantially financed;

(ii) non-Government organisation substantiallyfinanced,

directly or indirectly by funds provided by the appropriateGovernment;

* * * * *

Definitions.

Page 37: The Right to Information (Amendment) Bill, 2013

25

25

LOK SABHA

A

BILL

to amend the Right to Information Act, 2005.

(Shri V. Narayanasamy, Minister of State in the Ministry of Personnel,Public Grievances and Pensions)

Page 38: The Right to Information (Amendment) Bill, 2013

26

AN

NE

XU

RE

-B

DE

PAR

TM

EN

T

OF

P

ER

SON

NE

L

AN

D

TR

AIN

ING

(M/o

P

erso

nnel

, P

ubli

c G

riev

ance

s an

d P

ensi

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Par

t-I:

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omm

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an

d Su

gges

tion

s on

th

e B

ill

Sl.

Mem

oran

dum

Nam

e of

Com

men

ts/S

ugge

stio

nsR

espo

nse

of

Gov

ernm

ent

No.

No.

Org

anis

atio

n

12

34

5

1. 2. 3. 4.

1 2 3 4

Alo

ke K

umar

,K

olka

ta

Indi

an N

atio

nal

Con

gres

s

Com

mun

ist

Part

yof

Ind

ia

Nat

iona

list

Con

gres

s P

arty

No

Law

ca

n be

m

ade

to

have

retr

ospe

ctiv

e ef

fect

for

the

pur

pose

of s

ettin

g as

ide

any

judg

emen

t of

aco

urt

that

ha

s pr

ovid

ed

just

ice

toan

y pa

rty

in t

he c

ase.

If p

oliti

cal

part

ies

are

not

brou

ght

unde

r R

TI

Act

N

GO

s w

ould

al

sora

ise

sim

ilar

dem

and.

Polit

ical

par

ties

are

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rum

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litie

sof

the

Gov

ernm

ent

and

they

mus

tbe

acc

ount

able

to

the

Gov

ernm

ent.

Supp

ort t

he p

ropo

sal o

f po

litic

al p

artie

sou

t of

am

bit

of R

TI

Act

, 20

05.

Ava

ilin

g of

F

ree

airt

ime

duri

ngel

ectio

n tim

e ca

nnot

be

tr

eate

d as

subs

tant

ial

fund

ing.

How

ever

, re

ady

to

rev

eal

all

req

uir

ed

det

ails

rega

rdin

g Fi

nonc

es o

f th

e pa

rty.

Supp

ort

the

prop

osal

to

keep

pol

itica

lpa

rtie

s ou

t of

am

bit

of R

TI.

Bei

ng a

leg

al i

ssue

, M

/o L

aw a

nd J

ustic

e m

ay b

e co

nsul

ted.

Sinc

e no

suc

h pr

opos

al h

as b

een

rece

ived

, th

is i

ssue

has

not

been

exa

min

ed b

y th

is M

inis

try.

The

re a

re a

lrea

dy p

rovi

sion

s in

the

Rep

rese

ntat

ion

of P

eopl

eA

ct,

1951

and

the

Inc

ome-

tax

Act

, 19

61 w

hich

dea

l w

ithth

e tr

ansp

aren

cy i

n th

e fi

nanc

ial

aspe

cts

of p

oliti

cal

part

ies.

No

Com

men

ts.

The

tra

nspa

renc

y in

fin

anci

al a

spec

ts o

f th

e po

litic

al p

artie

sis

tak

en c

are

of b

y R

epre

sent

atio

n of

Peo

ple

Act

, 19

51 a

ndIn

com

e Ta

x A

ct,

1961

.

No

Com

men

ts.

Page 39: The Right to Information (Amendment) Bill, 2013

27

5. 6. 7. 8. 9.

5 6 7 8 11

CPI

(M

arxi

st)

T.K

. R

anga

raja

n,M

.P.

(R.S

.)

Bai

jaya

nt ‘

Jay’

Pand

a,

M.P

. (L

.S.)

Subh

ash

Cha

ndra

Aga

rwal

Dr.

T.V

. G

ovin

dan

Nat

iona

l C

ampa

ign

for

Peop

le’s

Rig

htto

In

form

atio

n

Sup

port

s th

e pr

opos

al

to

keep

polit

ical

par

ties

out

of a

mbi

t of

RT

I.

Pow

ers

of

Ele

ctio

n C

omm

issi

onne

ed t

o be

enh

ance

d to

reg

ulat

e th

eaf

fair

s of

po

litic

al

part

ies

till

then

Bill

sho

uld

not

be p

asse

d.

Sur

rend

er

Lan

d,

Fre

e A

irti

me,

IT

exem

ptio

ns b

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its e

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if p

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part

ies

do n

ot w

ant

to c

ome

unde

rR

TI

Act

.

Polit

ical

par

ties

are

inst

rum

enta

litie

sof

the

Gov

ernm

ent

and

they

mus

tbe

acc

ount

able

to

the

Gov

ernm

ent.

Can

dida

tes

of a

pol

itica

l pa

rty

are

requ

ired

to

de

clar

e th

eir

elec

tion

expe

nses

to

EC

but

are

not

aud

ited.

Eve

n if

th

e E

C

is

stre

ngth

ened

,br

ingi

ng p

oliti

cal

part

ies

unde

r R

TI

Act

is

criti

cal.

Polit

ical

par

ties

use

publ

ic r

esou

rces

and

also

hol

d in

form

atio

n w

hich

is

of p

ublic

im

port

ance

and

sho

uld

bedi

sclo

sed.

On

poin

t th

at p

oliti

cal

riva

ls m

ight

mis

use

the

pote

ntia

l of

RT

I A

ct,

apu

blic

aut

hori

ty h

as t

o pr

ovid

e on

lysu

ch i

nfor

mat

ion

whi

ch i

s av

aila

ble

in m

ater

ial

form

.

No

Com

men

ts.

Thi

s is

for

the

Min

istr

y of

Law

and

Jus

tice

and

Ele

ctio

nC

omm

issi

on t

o de

cide

.

The

re a

re a

lrea

dy p

rovi

sion

s in

the

Rep

rese

ntat

ion

of P

eopl

eA

ct,

1951

and

the

Inc

ome-

tax

Act

, 19

61 w

hich

dea

l w

ithth

e tr

ansp

aren

cy i

n th

e fi

nanc

ial

aspe

cts

of p

oliti

cal

part

ies.

The

re a

re a

lrea

dy p

rovi

sion

s in

the

Rep

rese

ntat

ion

of P

eopl

eA

ct,

1951

and

the

Inc

ome-

tax

Act

, 19

61 w

hich

dea

l w

ithth

e t

rans

pare

ncy

in t

he f

inan

cial

asp

ects

of

polit

ical

par

ties.

Thi

s is

for

the

Min

istr

y of

Low

and

Jus

tice

and

Ele

ctio

nC

omm

issi

on t

o de

cide

.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns i

n th

e R

epre

sent

atio

n of

Peo

ple

Act

,19

51

and

the

Inco

me-

tax

Act

, 19

61

whi

ch

deal

w

ith

the

tran

spar

ency

in

th

e fi

nanc

ial

aspe

cts

of

poli

tica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

Page 40: The Right to Information (Amendment) Bill, 2013

28

12

34

5

12 13 14

Con

cern

s of

pol

itica

l pr

ties

may

be

addr

esse

d by

ex

pand

ing

the

scop

eof

Sec

tion

8 of

RT

I A

ct.

Polit

ical

par

ties

shou

ld b

e un

der

RT

IA

ct,

2005

. T

he c

once

rn o

f po

litic

alp

arti

es

may

b

e ad

dre

ssed

b

yex

pand

ing

the

scop

e of

Se

ctio

n 8

of

RT

I A

ct.

1. A

s th

ey a

re n

otif

ied

by t

he C

entr

alE

lect

ion

Com

mis

sion

and

;

2. E

njoy

the

ben

efits

of

tax

relie

fon

the

ir i

ncom

e.

3.

Lim

ited

ex

empt

ions

co

uld

begi

ven

to p

oliti

cal

part

ies

by e

xpan

ding

sect

ion

8 of

the

Act

.

Polit

ical

par

ties

shou

ld b

e un

der

RT

IA

ct,

2005

.

Pol

itic

al

part

ies

perf

orm

pu

blic

func

tions

to

they

mus

t be

inc

lude

din

the

def

initi

on o

f pu

blic

aut

hori

ties.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

Peo

ple

Act

, 19

51 a

nd t

he I

ncom

e-ta

x A

ct,

1961

whi

ch d

eal

with

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

me

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns i

n th

e R

epre

sent

atio

n of

Peo

ple

Act

, 19

51an

d th

e In

com

e-ta

x A

ct, 1

961

whi

ch d

eal

with

the

tra

nspa

renc

yin

the

fin

anci

al a

spec

ts o

f po

litic

al p

artie

s. S

ince

the

y w

ork

in

a co

mpe

titiv

e en

viro

nmen

t w

ith

othe

r po

litic

al

part

ies,

ther

e is

eve

ry p

ossi

bilit

y of

the

mis

use

of R

TI

Act

by

the

polit

ical

riv

als.

Thu

s, i

n th

e vi

ew o

f th

is M

inis

try,

pol

itica

lpa

rtie

s m

ay b

e ex

empt

ed f

rom

the

pur

view

of

the

RT

I A

ct.

Sect

ion

2(h)

of

the

Act

doe

s no

t pr

ovid

e fo

r co

nditi

ons

such

as p

erfo

rman

ce o

f pu

blic

dul

y th

at m

ake

such

aut

hori

ty o

rbo

dy a

s a

publ

ic a

utho

rity

for

the

pur

pose

of

the

RT

I A

ct.

10.

11.

12.

Pros

enjit

Das

Gup

ta,

Kol

kata

J.P.

Sh

ah,

Guj

arat

Ass

ocia

tion

ofT

rans

pare

ncy

and

Ant

icor

rupt

ion

Page 41: The Right to Information (Amendment) Bill, 2013

29

Roh

it K

umar

and

Oth

ers

KII

TU

nive

rsity

S.P

. M

anch

anda

,D

elhi

Shai

lesh

Gan

dhi,

Form

er I

C i

n C

IC

Akh

il B

hart

iya

Gra

hak

Panc

haya

t

13.

14.

15.

16.

15 16 17 18

Pol

itic

al

part

ies

shou

ld

not

beex

clud

ed

from

th

e R

TI

ambi

t to

sav

e th

e d

emo

crat

ic

rig

hts

o

fci

tize

ns,

to

en

sure

in

tern

alde

moc

racy

with

in t

he p

oliti

cal

part

ies

and

to e

nd t

he p

ract

ice

of b

etra

yal

afte

r th

e el

ectio

n.

The

re

are

enou

gh

prov

isio

ns

inS

ecti

on

8 to

re

fuse

in

form

atio

n.Fu

rthe

r qu

erie

s ar

e no

t an

swer

able

unde

r R

TI

Act

.

Dis

clo

sure

u

/s

4(1

) (b

) w

ou

ldre

duce

the

no.

of

RT

I ap

plic

atio

nsfi

led

with

a p

oliti

cal

part

y.

CIC

de

cisi

on

shou

ld

have

been

chal

leng

ed

in

cour

t in

stea

d of

resu

lting

to

am

endi

ng t

he L

aw.

To o

btai

n im

mun

ity f

rom

RT

I N

GO

sw

ill r

egis

ter

them

selv

es a

s po

litic

alpa

rtie

s. T

he a

men

dmen

t vi

olat

es t

he

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns i

n th

e R

epre

sent

atio

n of

Peo

ple

Act

,19

51

and

the

Inco

me-

tax

Act

, 19

61

whi

ch

deal

w

ith

the

tran

spar

ency

in

th

e fi

nanc

ial

aspe

cts

of

poli

tica

l pa

rtie

s,Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s, T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n, T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

Peo

ple

Act

, 19

51 a

nd t

he I

ncom

e-ta

x A

ct,

1961

whi

ch d

eal

with

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s, T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

Peo

ple

Act

, 95

1 an

d th

e In

com

e-ta

x A

ct,

1961

w

hich

de

al

with

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

Sinc

e no

suc

h pr

opos

al h

as b

een

rece

ived

fro

m N

GO

s, s

ono

com

men

ts c

an b

e of

fere

d on

the

iss

ue.

Page 42: The Right to Information (Amendment) Bill, 2013

30

12

34

5

17.

18.

19.

19 20 21

Cee

jum

Cha

ndra

n,Ja

mia

Mili

aIs

lam

ia

Seni

or C

itize

nFo

rum

Roh

ini

Moh

nish

Dan

ge

fun

dam

enta

l ri

gh

ts

of

equ

alit

y(A

rtic

le 1

4 of

the

Con

stitu

tion)

.

Pol

itic

al

part

ies

perf

orm

pu

blic

func

tions

, so

the

y m

ust

com

e un

der

RT

I.

RT

I A

ct w

ill b

ring

tra

nspa

renc

y in

the

func

tioni

ng o

f po

litic

al p

artie

s.

Po

liti

cian

s m

ust

b

e tr

eate

d

asG

over

nmen

t S

erva

nts.

Act

sh

ould

no

t be

am

ende

d to

excl

uded

po

litic

al

part

ies

from

th

eam

bit

of A

ct.

Pol

itic

al

part

ies

are

fund

ed

byG

over

nmen

t so

the

y sh

ould

be

unde

rR

TI

Act

.

Sect

ion

2(h)

of

th

e A

ct

does

no

t pr

ovid

e fo

r co

nditi

ons

such

as

perf

orm

ance

of

publ

ic d

uty

that

mak

e su

ch a

utho

rity

or b

ody

as a

pub

lic a

utho

rity

for

the

pur

pose

of

the

RT

IA

ct.

The

re a

re a

lrea

dy p

rovi

sion

s in

the

Rep

rese

ntat

ion

ofth

e Pe

ople

Act

, 19

51

and

Inco

me

Tax

Act

, 19

61

whi

chde

al w

ith t

rans

pare

ncy

in t

he f

inan

cial

asp

ects

of

polit

ical

part

ies.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

Peo

ple

Act

, 19

51 a

nd t

he I

ncom

e-ta

x A

ct,

1961

whi

ch d

eal

with

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

Peo

ple

Act

, 19

51 a

nd t

he I

ncom

e-ta

x A

ct,

1961

whi

ch d

eal

with

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s,Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

Page 43: The Right to Information (Amendment) Bill, 2013

31

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

Peo

ple

Act

, 19

51 a

nd t

he I

ncom

e-ta

x A

ct,

1961

whi

ch d

eal

with

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

Peo

ple

Act

, 19

51 a

nd t

he I

ncom

e-ta

x A

ct,

1961

whi

ch d

eal

with

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

Peo

ple

Act

, 19

51 a

nd t

he I

ncom

e-ta

x A

ct,

1961

whi

ch d

eal

with

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

20.

21.

22.

22 23 24

Ram

akri

shna

Gow

da

Raj

Kum

ar J

ain,

Fero

zpur

, Pu

njab

Ass

ocia

tion

for

Dam

ocra

tic

Rig

hts

Act

sh

ould

no

t be

am

ende

d to

excl

uded

pol

itica

l pa

rtie

s fr

om t

heam

bit

of A

ct.

MPs

en

joys

sa

lary

al

low

ance

s et

c.fr

om

Gov

ernm

ent

exch

eque

r th

eyar

e pu

blic

se

rvan

ts

and

so

is

the

polit

ical

par

ties.

Dis

clos

ure

of i

nfor

mat

ion

by p

oliti

cal

part

ies

wou

ld

be

in

larg

er

publ

icin

tere

st.

Tra

nsp

aren

cy

in

the

fin

anci

alas

pect

s of

po

litic

al

part

ies

is

very

low

.

Ele

ctio

n

Co

mm

issi

on

d

o

no

tsc

rutin

ize

on f

inan

cial

asp

ects

of

apo

litic

al p

arty

and

has

no

pow

er t

oim

pose

any

pen

al a

ctio

n if

par

ties

do n

ot f

ile t

heir

sub

mis

sion

s.

Page 44: The Right to Information (Amendment) Bill, 2013

32

Sm

ooth

fu

ncti

onin

g of

po

liti

cal

part

ies

wil

l no

t be

af

fect

ed

asS

ecti

on

8

p

rov

ide

eno

ug

hex

empt

ions

fr

om

disc

losu

re.

Suo-

mot

u di

sclo

sure

by

po

liti

cal

part

ies

will

red

uce

the

no.

of R

TI

appl

icat

ion

file

d w

ith t

hem

.

Pol

itic

al

part

ies

are

perf

orm

ing

publ

ic

func

tions

.

Pro

pose

d am

endm

ent

wil

l re

duce

publ

ic p

artic

ipat

ion

in d

emoc

racy

and

will

be

agai

nst

the

prea

mbl

e of

the

Act

.

Art

icle

13(

2) o

f th

e C

onst

itutio

n ba

rsth

e st

ate

and

its

inst

rum

enta

liti

esfr

om

m

akin

g

any

la

w

wh

ich

infr

inge

s th

e Fu

ndam

enta

l R

ight

s as

ensh

rine

d in

the

Con

stitu

tion.

12

34

5

Sect

ion

2(h)

of

th

e A

ct

does

no

t pr

ovid

e fo

r co

nditi

ons

such

as

Perf

orm

ance

of

publ

ic d

uty

that

mak

e su

ch a

utho

rity

or b

ody

as a

pub

lic a

utho

rity

for

the

pur

pose

of

the

RT

IA

ct.

Thi

s is

a

lega

l is

sue

and

M/o

L

aw

and

Just

ice

may

be

cons

ulte

d.

Page 45: The Right to Information (Amendment) Bill, 2013

33

Par

t-II

: O

ther

Is

sues

no

t C

over

ed

by

the

Bil

l

Sl.

Mem

oran

dum

Nam

e of

Com

men

ts/S

ugge

stio

nsR

espo

nse

of

Gov

ernm

ent

No.

No.

Org

anis

atio

n/In

divi

dual

12

34

5

1. 2. 3.

9 10 25

Indi

an C

ounc

il of

Uni

vers

ities

Nee

raj

Saxe

na,

Sanj

eev

Gup

ta a

ndA

nuj

Agr

awal

Shaf

i M

oham

mad

,H

yder

abad

Pri

vate

un

iver

siti

es

and

priv

ate

educ

atio

nal

inst

itute

s sh

ould

als

o be

kept

out

of

RT

I A

ct,

2005

.

Med

ia s

houl

d be

bro

ught

und

er R

TI

Act

.

Rea

sons

fo

r se

ekin

g in

form

atio

nm

ust

be m

ade

man

dato

ry.

Tim

e pe

riod

for

whi

ch i

nfor

mat

ion

coul

d be

ask

ed m

ust

be f

ixed

.

Mr.

S

axen

a h

ad

mad

e ce

rtai

nco

mpl

aint

s ag

ains

t th

e w

orki

ng

ofC

entr

al I

nfor

mat

ion

Com

mis

sion

.

Bri

ng

new

s pa

pers

, m

edia

ho

uses

also

u

nd

er

the

amb

it

of

RT

IA

ct,

2005

.

All

thes

e su

gges

tions

req

uire

an

amen

dmen

t to

the

RT

I A

ct,

whi

ch t

he G

over

nmen

t is

not

con

side

ring

at

pres

ent,

othe

rth

an

the

prop

osed

am

endm

ent.

The

C

entr

al

Info

rmat

ion

Com

mis

sion

is

an

in

depe

nden

tst

atut

ory

body

. T

he g

ener

al s

uper

inte

nden

ce,

dire

ctio

n an

dm

anag

emen

t of

th

e af

fair

s of

th

e C

entr

al

Info

rmat

ion

Com

mis

sion

ves

ts i

n th

e C

hief

Inf

orm

atio

n C

omm

issi

oner

,w

ho i

s as

sist

ed b

y th

e In

form

atio

n C

omm

issi

oner

s.

The

su

gges

tion

re

quir

es

an

amen

dmen

t to

th

e R

TI

Act

whi

ch t

he G

over

nmen

t is

not

con

side

ring

at

pres

ent,

othe

rth

an

the

prop

osed

am

endm

ent.

Page 46: The Right to Information (Amendment) Bill, 2013

34

Com

men

ts

and

Sugg

esti

ons

on

the

Bil

l

Sl.

Mem

oran

dum

Nam

e of

Com

men

ts/S

ugge

stio

nsR

espo

nse

of

Gov

ernm

ent

No.

No.

Org

anis

atio

n

12

34

5

1. 2.

26 27

Con

sum

er U

nity

and

Tru

st

Soci

ety

(CU

TS)

Ank

ita S

hah

Pol

itic

al

part

ies

perf

orm

pu

blic

func

tions

so

they

mus

t be

inc

lude

din

the

def

initi

on o

f pu

blic

aut

hori

ties.

Bri

ngin

g th

e po

litic

al p

artie

s un

der

RT

I A

ct

wil

l en

han

ce

inte

rnal

dem

ocra

cy i

n th

e fu

nctio

ning

of

the

part

ies.

Peo

ple

ar

e in

tere

sted

in

th

efu

ncti

onin

g of

po

liti

cal

part

ies

incl

udin

g fi

nanc

ial

aspe

cts.

Dec

isio

n of

th

e C

IC

shou

ld

have

been

cha

lleng

ed i

n th

e C

ourt

of

Law

inst

ead

of G

over

nmen

t re

sort

ing

toam

endi

ng t

he L

aw.

Tra

nspa

renc

y w

ill

curb

th

e us

e of

blac

k m

oney

use

d by

the

pol

itica

lpa

rtie

s.

Sec

tio

n

8

wil

l ta

ke

care

o

fco

mpe

titiv

e po

sitio

n of

the

pol

itica

lpa

rtie

s.

Sect

ion

2(h)

of

the

Act

doe

s no

t pr

ovid

e fo

r co

nditi

ons

such

as p

erfo

rman

ce o

f pu

blic

dut

y th

at m

ake

such

aut

hori

ty o

rbo

dy a

s a

publ

ic a

utho

rity

for

the

pur

pose

of

the

RT

I A

ct.

The

re a

re a

lrea

dy p

rovi

sion

s in

the

Rep

rese

ntat

ion

of P

eopl

eA

ct,

1951

and

the

Inc

ome-

tax

Act

, 19

61 w

hich

dea

l w

ithth

e tr

ansp

aren

cy i

n th

e fi

nanc

ial

aspe

cts

of p

oliti

cal

part

ies.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

Peo

ple

Act

, 95

1 an

d th

e In

com

e-ta

x A

ct,

1961

w

hich

de

al

with

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s.

Sinc

e th

ey w

ork

in a

com

petit

ive

envi

ronm

ent

with

oth

erpo

litic

al p

artie

s, t

here

is

ever

y po

ssib

ility

of

the

mis

use

ofR

TI

Act

by

the

polit

ical

riv

als.

Thu

s, i

n th

e vi

ew o

f th

isM

inis

try,

pol

itica

l pa

rtie

s m

ay b

e ex

empt

ed f

rom

the

pur

view

of t

he R

TI

Act

.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

peop

leA

ct,

1951

and

the

Inc

ome-

tax

Act

, 19

61 w

hich

dea

l w

ith

Page 47: The Right to Information (Amendment) Bill, 2013

35

Gau

rav

Gup

ta

Kal

uman

i M

ishr

a

Con

sum

er

Car

eSo

ciet

y

G.

Sund

aram

R.L

. Sa

rvan

am

Fin

anci

al

aspe

ct

shou

ld

be

mor

etr

ansp

aren

t.

Rep

rese

ntat

ive

of P

eopl

e A

ct 1

951

and

Inco

me

Tax

A

ct,

1961

ar

eto

othl

ess

so f

ar a

s fi

nanc

ial

aspe

cts

of t

he p

oliti

cal

part

ies

are

conc

erne

d.

Pol

itic

al

part

ies

perf

orm

pu

blic

func

tions

, so

sho

uld

be u

nder

RT

IA

ct.

In

view

of

P

ara

1(c)

of

te

nth

sche

dule

of

th

e C

onst

itut

ion,

th

ep

oli

tica

l p

arti

es

are

inv

aria

bly

cons

titu

ted

unde

r th

e co

nsti

tuti

on,

so s

houl

d be

pub

lic a

utho

ritie

s.

Supp

ort

the

amen

dmen

t.

Po

liti

cal

par

ties

sh

ou

ld

hav

ech

alle

nged

the

ord

er o

f C

IC i

n co

urt

of

Law

in

stea

d of

re

sort

ing

to

the

amen

dmen

t in

the

Act

.

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

The

tra

nspa

renc

y in

fin

anci

al a

spec

ts o

f th

e po

litic

al p

artie

sis

tak

en c

are

of b

y R

epre

sent

atio

n of

Peo

ple

Act

, 19

51 a

ndIn

com

e Ta

x A

ct,

1961

.

Thi

s is

fo

r th

e M

inis

try

of

Law

an

d Ju

stic

e,

Ele

ctio

nC

omm

issi

on a

nd M

inis

try

of F

inan

ce t

o de

cide

.

Sect

ion

2(h)

of

th

e A

ct

does

no

t pr

ovid

e fo

r co

nditi

ons

such

as

perf

orm

ance

of

publ

ic d

uty

that

mak

e su

ch a

utho

rity

or b

ody

as a

pub

lic a

utho

rity

for

the

pur

pose

of

the

RT

IA

ct.

Thi

s is

fo

r th

e M

inis

try

of

Law

an

d Ju

stic

e to

de

cide

.In

divi

dual

pol

itica

l pa

rty

is n

ot c

onst

itute

d by

the

Con

stitu

tion

of I

ndia

.

No

Com

men

ts

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns i

n th

e R

epre

sent

atio

n of

Peo

ple

Act

,19

51

and

the

Inco

me-

tax

Act

, 19

61

whi

ch

deal

w

ith

the

tran

spar

ency

in

th

e fi

nanc

ial

aspe

cts

of

poli

tica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

3. 4. 5. 6. 7.

28 29 30 31 32

Page 48: The Right to Information (Amendment) Bill, 2013

36

12

34

5

If

polit

ical

pa

rtie

s do

no

t w

ant

toco

me

unde

r R

TI

Act

th

ey

shou

ldsu

rren

der

the

bene

fit

gran

ted

toth

em.

Dem

ands

w

ould

co

me

from

ot

her

quar

ters

al

so

for

exem

ptio

ns

from

the

RT

I A

ct.

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

The

re a

re a

lrea

dy p

rovi

sion

s in

the

Rep

rese

ntat

ion

of P

eopl

eA

ct,

1951

and

the

Inc

ome-

tax

Act

, 19

61 w

hich

dea

l w

ithth

e tr

ansp

aren

cy i

n th

e fi

nanc

ial

aspe

cts

of p

oliti

cal

part

ies.

Sin

ce

no

such

pr

opos

al

has

been

re

ceiv

ed

from

N

on-

Gov

ernm

enta

l or

gani

satio

ns/b

odie

s, t

he i

ssue

has

not

bee

nex

amin

ed.

Page 49: The Right to Information (Amendment) Bill, 2013

37

Com

men

ts

and

Sugg

esti

ons

on

the

Bil

l

Sl.

Mem

oran

dum

Nam

e of

Com

men

ts/S

ugge

stio

nsR

espo

nse

of

Gov

ernm

ent

No.

No.

Org

anis

atio

n

12

34

5

1. 2.

33 34

Akh

il B

hart

iya

Gra

hak

Panc

haya

t

TR

AP

The

re a

re s

uffi

cien

t pr

ovis

ions

und

ersu

b-se

ctio

n of

th

e R

TI

Act

w

here

unde

sire

d qu

erie

s ca

n be

dec

lined

.

NG

Os

wil

l re

gist

er

them

selv

es

asPo

litic

al p

artie

s an

d en

joy

imm

unity

from

R

TI

Act

.

Pol

itic

al

part

ies

perf

orm

pu

blic

func

tions

, so

sho

uld

be u

nder

RT

IA

ct.

Dec

isio

n of

th

e C

1C

shou

ld

have

been

cha

lleng

ed i

n th

e C

ourt

of

Law

inst

ead

of G

over

nmen

t re

sort

ing

toam

endi

ng t

he L

aw.

Tra

nspa

renc

y w

ill

curb

th

e us

e of

blac

k m

oney

use

d by

the

pol

itica

lpa

rtie

s.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns

in

the

Rep

rese

ntat

ion

of

Peo

ple

Act

, 19

51 a

nd t

he I

ncom

e-ta

x A

ct,

1961

whi

ch d

eal

with

the

tran

spar

ency

in

the

fina

ncia

l as

pect

s of

pol

itica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

Sinc

e no

suc

h pr

opos

al h

as b

een

rece

ived

, th

is i

ssue

has

not

been

exa

min

ed b

y th

is M

inis

try.

Sect

ion

2(h)

of

th

e A

ct

does

no

t pr

ovid

e fo

r co

nditi

ons

such

as

perf

orm

ance

of

publ

ic d

uty

that

mak

e su

ch a

utho

rity

or b

ody

as a

pub

lic a

utho

rity

for

the

pur

pose

of

the

RT

IA

ct.

The

pos

ition

of

polit

ical

par

ties

is u

niqu

e. T

hey

are

neith

ercr

eate

d no

r es

tabl

ishe

d by

or

unde

r th

e co

nstit

utio

n. T

here

are

alre

ady

prov

isio

ns i

n th

e R

epre

sent

atio

n of

Peo

ple

Act

,19

51

and

the

Inco

me-

tax

Act

, 19

61

whi

ch

deal

w

ith

the

tran

spar

ency

in

th

e fi

nanc

ial

aspe

cts

of

poli

tica

l pa

rtie

s.Si

nce

they

wor

k in

a c

ompe

titiv

e en

viro

nmen

t w

ith o

ther

polit

ical

par

ties,

the

re i

s ev

ery

poss

ibili

ty o

f th

e m

isus

e of

RT

I A

ct b

y th

e po

litic

al r

ival

s. T

hus,

in

the

view

of

this

Min

istr

y, p

oliti

cal

part

ies

may

be

exem

pted

fro

m t

he p

urvi

ewof

the

RT

I A

ct.

Page 50: The Right to Information (Amendment) Bill, 2013

38

12

34

5

3. 4. 5. 6.

35 36 37 38

K.K

. Sh

arm

a

Indi

an C

ounc

il of

Uni

vers

ities

Des

iya

Mur

pokk

uD

ravi

da K

azha

gam

Com

mun

ist

Part

yof

Ind

ia

Info

rmat

ion

Soug

ht u

nder

RT

I A

ctsh

ould

· be

su

ppli

ed

by

Pol

itic

alP

arti

es

to

Ele

ctio

n C

omm

issi

on,

cent

re o

r st

ate,

as

the

case

may

be,

who

sh

ould

su

pply

th

e sa

me

toin

form

atio

n se

eker

.

Supp

ort

the

RT

I (a

men

dmen

t) B

ill,

2013

Supp

ort

the

RT

I (a

men

dmen

t) B

ill,

2013

Supp

ort

the

RT

I (a

men

dmen

t) B

ill,

2013

The

pro

posa

l ne

eds

sepa

rate

exa

min

atio

n.

No

com

men

ts.

No

com

men

ts.

No

com

men

ts.

Page 51: The Right to Information (Amendment) Bill, 2013

39

Com

men

ts

and

Sugg

esti

ons

on

the

Bil

l

Sl.

Mem

oran

dum

Nam

e of

Com

men

ts/S

ugge

stio

nsR

espo

nse

of

Gov

ernm

ent

No.

No.

Org

anis

atio

n

12

34

5

1.39

Gov

ind

N.

Shan

thar

am

and

Ven

kate

sh N

ayak

Pol

itic

al

part

ies

perf

orm

pu

blic

func

tions

so

they

mus

t be

inc

lude

din

the

def

initi

on o

f pu

blic

aut

hori

ties.

The

re

is

not

enou

gh

tran

spar

ency

in t

he f

inan

cial

asp

ects

of

polit

ical

part

ies.

Publ

ic A

utho

rity

, as

de

fine

d un

der

sect

ion

2(h)

of

th

e R

TI

Act

, is

a

broa

der

term

th

an

the

‘Sta

te’

asde

fine

d un

der

Art

icle

12

of

th

eC

onst

itutio

n.

In

othe

r w

ords

, it

ispo

ssib

le t

hat

an e

ntity

may

fal

l sh

ort

of b

eing

'St

ate'

and

yet

may

be

a'P

ublic

Aut

hori

ty' u

nder

the

RT

I A

ct.

Sect

ion

2(h)

of

th

e A

ct

does

no

t pr

ovid

e fo

r co

nditi

ons

such

as

perf

orm

ance

of

publ

ic d

uty

that

mak

e su

ch a

utho

rity

or b

ody

as a

pub

lic a

utho

rity

for

the

pur

pose

of

the

RT

IA

ct.

The

re a

re a

lrea

dy p

rovi

sion

s in

the

Rep

rese

ntat

ion

of P

eopl

eA

ct,

1951

and

the

Inc

ome-

tax

Act

, 19

61 w

hich

dea

l w

ithth

e tr

ansp

aren

cy i

n th

e fi

nanc

ial

aspe

cts

of p

oliti

cal

part

ies.

The

de

fini

tion

of

“S

tate

” ba

sed

on

Art

icle

12

of

th

eC

onst

itutio

n of

Ind

ia a

nd H

on'b

le S

upre

me

Cou

rt's

judg

emen

tin

B.

Has

san

Ali

Kha

n V

s. D

irec

tor

of H

ighe

r E

duca

tion,

And

hra

Prad

esh,

(1

987)

4

Rep

orts

19

8 (A

P)

date

d 23

rdJa

nuar

y,

1987

(W

P N

o.

3065

of

19

78)

- w

ould

in

clud

epa

ram

eter

s su

ch a

s ‘s

ubst

antia

l fi

nanc

ial

aid’

, ‘c

ontr

ol b

yth

e G

over

nmen

t’,

‘per

form

ance

of

pu

blic

fu

ncti

ons'

an

d‘e

ntru

stm

ent

of

gove

rnm

enta

l ac

tivi

ties

’.

All

of

th

ese

para

met

ers

are

not

esse

ntia

l an

d in

a p

artic

ular

cas

e, o

ne o

ra

com

bina

tion

of m

ore

than

one

of

them

may

suf

fice

.

The

def

initi

on o

f ‘p

ublic

aut

hori

ty’

unde

r Se

ctio

n 2(

h) (

a)of

th

e R

TI

Act

, 20

05

mea

ns

the

auth

orit

y or

bo

dy

orin

stitu

tion

of s

elf

Gov

ernm

ent

esta

blis

hed

or c

onst

itute

d by

or

unde

r th

e C

onst

itut

ion.

T

he

poli

tica

l pa

rtie

s ar

e no

tes

tabl

ishe

d or

con

stitu

ted

by o

r un

der

the

Con

stitu

tion

and

thus

wou

ld n

ot b

e in

clud

ed i

n th

e de

fini

tion

of S

ectio

n 2(

h)(a

) of

the

RT

I A

ct,

2005

.

Page 52: The Right to Information (Amendment) Bill, 2013

40

ANNEXURE-C

LIST OF PERSONS HEARD BY THE COMMITTEE AT DELHI AND DURING ITS STUDY VISIT

A. DELHI

1. Association for Democratic Reforms, New Delhi

(i) Prof. Jagdeep Chhokar

(ii) Shri Anurag Mittal

(iii) Ms. Shivam Kapoor

2. National Campaign for People’s Right to Information, New Delhi

(i) Ms. Anjali Bharadwaj

(ii) Shri Shekhar Singh

3. Shri Subash Chandra Agrawal, New Delhi

4. (i) Adv. Om Prakash Saxena

(ii) Shri Neeraj Saxena Ghaziabad

(i) Shri Sanjeev Gupta

(ii) Shri Anuj Aggarwal

5. (i) Shri Kamlesh Shantilal Shah

(ii) Ms. Ankita Kamlesh Shah RTI Activists, Nagpur

6. Shri K.K. Sharma, New Delhi

7. Shri Kulamani Mishra, Odisha

8. Shri Shailesh Gandhi, Former Chief Information Commissioner, Mumbai

9. Akhil Bharatiya Grahak Panchayat, Delhi

(i) Shri B.S. Sachdeva

(ii) Dr. Jaikishan

(iii) Shri Prabhat Gujral

10. Shri Ashok Mittal, Indian Council of Universities, Mathura

11. Shri Nripendra Misra, Public Interest Litigation, Delhi

12. Shri Sarabjit Roy, India Against Corruption, Jan Andolan and National Campaign forPolitical Reform in India, New Delhi

13. Adv. R.L. Saravanan, Chennai

14. Shri V. Ramesan, Potti Sreeramulu Foundation, Andhra Pradesh

40

Page 53: The Right to Information (Amendment) Bill, 2013

41

15. (i) Shri Rahul Kadiyan

(ii) Ms. Swati Chawla

16. Shri Nilotpal Basu, former M.P. and Member of the Central Secretariat of the Party,Communist Party of India (Marxist)

B. CHENNAI, TAMIL NADU

1. Shri N. Parameshwara Murthy Bahujan Samaj Party

2. Shri N.V. Subramanian Nationalist Congress Party

3. Shri Americai V. Narayan Indian National Congress

4. Shri Paul Manoj Pandian AIADMK

5. Shri T.K.S. Elenagovan, M.P. DMK

6. Dr. G.R. Ravindran Communist Party of India

7. Shrimati Vanathi Srinivasan Bhartiya Janta Party

8. Dr. R. Afzal Bahujan Samaj Party

9. Shri Panchachi Moorthy Bahujan Samaj Party

10. Shri A.S. Abdul Malik Bahujan Samaj Party

11. Shri N. Prabakaran Nationalist Congress Party

12. Shri S.M. Hidayathulla Indian National Congress

13. Shri T.K. Rangaraja Communist Party of India (Marxist)

C. MUMBAI, MAHARASHTRA

1. Shri Vijay Kumbheer Surajya Sangharsh Samithi

2. Shri Dolpphy D’souza Police Reforms Watch

3. Shri Bhasker Prabhu Mahila Adhikar Manch

4. Shri Maruti S. Salunkhe Shiv Sena

5. Shri Sudhaker P. Sunar Shiv Sena

6. Shri Mahesh Aimace Yashada

7. Shri Shirish G. Sawant Maharashtra Nav Nirman Sena

8. Shri Rajesh P. Sharma Indian National Congress

9. Dr. Arjun Chikhale Yashada

10. Shri V.G. Gyan Bahujan Samaj Party, Mumbai

11. Shri A.S. Kulli Bahujan Samaj Party, Mumbai

12. Shri Abdul Qadir Choudhary Samajawad Party, Mumbai

13. Shri R.G. Aman Member, GAD, Mantralaya

14. Shri K.M. Deshpande Member, GAD, Mantralaya

D. JAIPUR, RAJASTHAN

1. Shrimati Aruna Roy Social Activist

2. Shri Nikhil Dey Social Activist

Page 54: The Right to Information (Amendment) Bill, 2013

42

3. Shri Bharwar Meghwanshi Social Activist

4. Shrimati Mamata Jailtely Social Activist

5. Shrimati Renuka Pameeha RTI Activist

6. Shri Rajendra Bhanawat Doosra Dashak

7. Shri Radhakant People’s Union for Civil Liberties

8. Shri Narendra Acharya Communist Party of India

9. Shri Tara Singh Sidhu Communist Party of India

10. Shri Ravinder Shukla Communist Party of India (Marxist)

Page 55: The Right to Information (Amendment) Bill, 2013

43

ANNEXURE-D

LIST OF THE REPORTS OF THE DEPARTMENT-RELATED PARLIAMENTARYSTANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

43

ReportNo.

1

Subject of the Report

2

Date of Presentation

3

1st

2nd

3rd

4th

5th

6th

7th

8th

9th

Report on Demands for Grants (2004-05)of the Ministry of Personnel, PublicGrievances and Pensions.

Report on Demands for Grants (2004-05)of the Ministry of Law and Justice.

Report on the Right to Information Bill,2004.

Report on the Andhra Pradesh LegislativeCouncil Bill, 2004.

Report on Demands for Grants (2005-06)of the Ministry of Personnel, PublicGrievances and Pensions.

Report on Demands for Grants (2005-06)of the Ministry of Law and Justice.

Report on the Hindu Succession(Amendment) Bill, 2004.

Report on the Scheduled Castes, ScheduledTribes and other Backward Classes(Reservation in Posts and Services) Bill, 2004.

Report on the Arbitration and Conciliation(Amendment) Bill, 2003.

Presented to Rajya Sabha on 26.08.2004and Laid on the Table of Lok Sabha on26.08.2004.

-do-

Presented to Rajya Sabha on 21.03.2005and Laid on the Table of Lok Sabha on21.03.2005.

Presented to Rajya Sabha on 24.03.2005and Laid on the Table of Lok Sabha on24.03.2005.

Presented to Rajya Sabha on 20.04.2005and Laid on the Table of Lok Sabha on20.04.2005.

-do-

Presented to Rajya Sabha on 13.05.2005and Laid on the Table of Lok Sabha on13.05.2005.

Presented to Hon’ble Chairman, Rajya Sabhaon 29th June, 2005 and forwarded to Hon’bleSpeaker, Lok Sabha on 29th June, 2005.

Presented to Rajya Sabha on 26.07.2005 andLaid on the Table of Lok Sabha on 26.07.2005.

Presented to Rajya Sabha on 04.08.2005and Laid on the Table of Lok Sabha on04.08.2005.

Page 56: The Right to Information (Amendment) Bill, 2013

44

1 2 3

10th

11th

12th

13th

14th

15th

16th

17th

18th

19th

20th

21st

Report on the High Court and SupremeCourt Judges (Salaries and Conditions ofService) Amendment Bill, 2005.

Report on the National Tax Tribunal Bill,2004.

Report on the Contempt of Courts(Amendment) Bill, 2004

Report on the Prevention of Child MarriageBill, 2004.

Report on Demands for Grants (2006-07)of the Ministry of Personnel, PublicGrievances and Pensions.

Report on Demands for Grants (2006-07)of the Ministry of Law and Justice.

Report on the Representation of the People(Amendment) Bill, 2006.

Report on the Administrative Tribunals(Amendment) Bill, 2006.

Report on the Electoral Reforms(Disqualification of persons fromcontesting elections on framing of chargesagainst them for certain offences)

Report on Demands for Grants (2007-08)of the Ministry of Personnel, PublicGrievances and Pensions.

Report on Demands for Grants (2007-08)of the Ministry of Law and Justice.

Report on the Judges (Inquiry) Bill, 2006,Ministry of Law and Justice (Departmentof Justice).

Presented to Rajya Sabha on 04.08.2005and Laid on the Table of Lok Sabha on04.08.2005.

-do-

Presented to Rajya Sabha on 29.08.2005and Laid on the Table of Lok Sabha on29.08.2005.

Presented to Rajya Sabha on 29.11.2005and Laid on the Table of Lok Sabha on29.11.2005.

Presented to Rajya Sabha on 22.05.2006and Laid on the Table of Lok Sabha on22.05.2006.

-do-

Presented to Rajya Sabha on 04.08.2006and Laid on the Table of Lok Sabha on04.08.2006.

Presented to Rajya Sabha on 05.12.2006and Laid on the Table of Lok Sabha on05.12.2006.

Presented to Rajya Sabha on 15.03.2007and Laid on the Table of Lok Sabha on15.03.2007.

Presented to Rajya Sabha on 10.05.2007and Laid on the Table of Lok Sabha on14.05.2007.

-do-

Presented to Rajya Sabha on 17.08.2007and Laid on the Table of Lok Sabha on17.08.2007.

Page 57: The Right to Information (Amendment) Bill, 2013

45

22nd

23rd

24th

25th

26th

27th

28th

29th

30th

31st

32nd

1 2 3

Report on the Gram Nyayalayas Bill, 2007,Ministry of Law and Justice, LegislativeDepartment.

Report on the Government’s Policy ofAppointment on Compassionate GroundMinistry of Personnel, Public Grievancesand Pensions (Department of Personneland Training)

Report on Working of Central Bureau ofInvestigation (CBI) Ministry of Personnel,Public Grievances and Pensions(Department of Personnel and Training)

Report on Demands for Grants (2008-09)of the Ministry of Personnel, PublicGrievances and Pensions.

Report on Demands for Grants (2008-09)of the Ministry of Law and Justice.

Report on Action Taken Replies on Law’sDelays : Arrears in Courts(85th Report of Home Affairs)

Report on The Supreme Court (Numberof Judges) Amendment Bill, 2008

Report on Public Grievances RedressalMechanism

Report on Constraints Being Faced byKendriya Bhandar

Action Taken Replies of the Governmenton the Recommendations/observationscontained in the 25th Report on Demandsfor Grants (2008-09) of the Ministry ofPersonnel, Public Grievances and Pensions

Action Taken Replies of the Governmenton the recommendations/observationscontained in the 26th Report on Demandsfor Grants (2008-09) of the Ministry ofLaw and Justice

Presented to Rajya Sabha on 06.09.2007and Laid on the Table of Lok Sabha on06.09.2007.

Presented to Rajya Sabha on 07.09.2007and Laid on the Table of Lok Sabha on07.09.2007.

Presented to Rajya Sabha on 11.03.2008and Laid on the Table of Lok Sabha on11.03.2008.

Presented to Rajya Sabha on 29.04.2008and Laid on the Table of Lok Sabha on29.04.2008.

-do-

-do-

Presented to the Hon’ble Chairman, RajyaSabha on 04.08.2008.Laid on the Tables of the Rajya Sabhaand Lok Sabha on 22nd October, 2008

Presented to Rajya Sabha on 23.10.2008and Laid on the Table of Lok Sabha on23.10.2008.

-do-

Presented to Rajya Sabha on 19.12.2008and Laid on the Table of Lok Sabha on19.12.2008.

Presented to Rajya Sabha on 19.12.2008and Laid on the Table of Lok Sabha on19.12.2008.

Page 58: The Right to Information (Amendment) Bill, 2013

46

1 2 3

Report on the Representation of the People(Second Amendment) Bill, 2008

Report on the High Court and SupremeCourt Judges (Salaries and Conditions ofService) Amendment Bill, 2008.

Report on the “Action Taken Replies ofthe Government on the recommendations/observations contained in the 29th Reportof the Committee on “Public GrievancesRedressal Mechanism”

Report on “The Constitution (One Hundredand Eighth Amendment) Bill, 2008”.

Action Taken Replies of the Governmenton the recommendations/observationscontained in the 24th Report on “Workingof Central Bureau of Investigation (CBI)”

Report on Demands for Grants (2010-11)of the Ministry of Personnel, PublicGrievances and Pensions.

Report on Demands for Grants (2010-11)of the Ministry of Law and Justice.

Report on The Personal Laws(Amendment) Bill, 2010.

Report on Action Taken Replies of theGovernment on the recommendations/observations contained in the 23rd Reportof the Committee on “Government’s Policyof Appointment on Compassionate Ground”.

Report on Action Taken Replies of theGovernment on the recommendations/observations contained in the 30th Reportof the Committee on “Constraints BeingFaced by Kendriya Bhandar”.

Report on Action Taken Replies of theGovernment on the recommendations/

Presented to Rajya Sabha on 18.02.2009and Laid on the Table of Lok Sabha on18.02.2009.

Presented to Rajya Sabha on 18.02.2009and Laid on the Table of Lok Sabha on18.02.2009.

Presented to Rajya Sabha on 17.12.2009and Laid on the Table of Lok Sabha on17.12.2009.

Presented to Rajya Sabha on 17.12.2009and Laid on the Table of Lok Sabha on17.12.2009.

Presented to Rajya Sabha on 9.03.2010and Laid on the Table of Lok Sabha on9.03.2010.

Presented to Rajya Sabha on 29.04.2010and Laid on the Table of Lok Sabha on29.04.2010.

-do-

Presented to Rajya Sabha on 04.08.2010and Laid on the Table of Lok Sabha on04.08.2010.

-do-

Presented to Rajya Sabha on 29.11.2010and Laid on the Table of Lok Sabha on29.11.2010.

-do-

33rd

34th

35th

36th

37th

38th

39th

40th

41st

42nd

43rd

Page 59: The Right to Information (Amendment) Bill, 2013

47

observations contained in the 38th Reporton Demands for Grants (2010-11) of theMinistry of Personnel, Public Grievancesand Pensions.

Report on The Constitution (One Hundredand Fourteenth Amendment) Bill, 2010.

Report on The Marriage Laws(Amendment) Bill, 2010.

Report on The Public Interest Disclosureand Protection to Persons Making theDisclosures Bill, 2010

Report on the Judicial Standards andAccountability Bill, 2010

Report on the Lokpal Bill, 2011.

The Administrators-General (Amendment)Bill, 2011

The Prevention of Bribery of ForeignPublic Officials and Officials of PublicInternational Organisations Bill, 2011

Report on Demands for Grants (2012-13)of the Ministry of Personnel, PublicGrievances and Pensions.

Report on Demands for Grants (2012-13)of the Ministry of Law and Justice.

Report on The Right of Citizens for TimeBound Delivery of Goods and Servicesand Redressal of their Grievances Bill, 2011

Report on The Administrative Tribunals(Amendment) Bill, 2012.

Presented to Rajya Sabha on 9.12.2010and Laid on the Table of Lok Sabha on9.12.2010.

Presented to Rajya Sabha on 1.03.2011and Laid on the Table of Lok Sabha on1.03.2011.

Presented to the Hon’ble Chairman, RajyaSabha on 09.06.2011.Laid on the Tables of the Rajya Sabha on11.08.2011 and Lok Sabha on 10.08.11.

Presented to Rajya Sabha on 30.08.2011and Laid on the Table of Lok Sabha on30.08.2011.

Presented to Rajya Sabha on 9.12.2011 andLaid on the Table of Lok Sabha on 9.12.2011.

Presented to the Hon’ble Chairman, RajyaSabha on 02.02.2012.Laid to Rajya Sabha and Lok Sabha on20.03.2012.

Presented to Rajya Sabha on 29.03.2012and Laid on the Table of Lok Sabha on29.03.2012.

Presented to Rajya Sabha on 21.05.2012and Laid on the Table of Lok Sabha on21.05.2012.

-do-

Presented to Rajya Sabha on 28.08.2012and Laid on the Table of Lok Sabha on28.08.2012.

Presented to Rajya Sabha on 17.12.2012and Laid on the Table of Lok Sabha on17.12.2012.

1 2 3

44th

45th

46th

47th

48th

49th

50th

51st

52nd

53rd

54th

Page 60: The Right to Information (Amendment) Bill, 2013

48

1 2 3

Report on The Registration of Births andDeaths (Amendment) Bill, 2012

Action Taken Replies of the Governmenton the recommendations/observationscontained in the 51st Report on Demandsfor Grants (2012-13) of the Ministry ofPersonnel, Public Grievances and Pensions

Action Taken Replies of the Governmenton the recommendations/observationscontained in the 52nd Report on Demandsfor Grants (2012-13) of the Ministry ofLaw and Justice

Report on Demands for Grants (2013-14)of the Ministry of Law and Justice.

The Readjustment of Representation ofScheduled Castes and Scheduled Tribesin Parliamentary and Assembly Consti-tuencies Bill, 2013

Report on the Demands for Grants (2013-14) of the Ministry of Personnel, PublicGrievances and Pensions.

Report on the “Electoral Reforms-Codeof Conduct for Political Parties & AntiDefection Law”

Report on the “Status of WomenGovernment Employees, Service Conditions,Protection against exploitation, Incentivesand other related Issues”

Report on the Rajasthan Legislative CouncilBill, 2013

Presented to Rajya Sabha on 27.02.2013and Laid on the Table of Lok Sabha on27.02.2013.

Presented to Rajya Sabha on 21.03.2013and Laid on the Table of Lok Sabha on20.03.2013.

-do-

Presented to Rajya Sabha on 25.04.2013and Laid on the Table of Lok Sabha on26.04.2013

Presented to Rajya Sabha on 2.05.2013and Laid on the Table of Lok Sabha on2.05.2013

Presented to Rajya Sabha on 3.05.2013and Laid on the Table of Lok Sabha on3.05.2013

Presented to Rajya Sabha on 26.08.2013and Laid on the Table of Lok Sabha on26.08.2013

Presented to Rajya Sabha on 30.08.2013and Laid on the Table of Lok Sabha on30.08.2013

Presented to Rajya Sabha on 09.12.2013and Laid on the Table of Lok Sabha on09.12.2013

55th

56th

57th

58th

59th

60th

61th

62nd

63rd

Page 61: The Right to Information (Amendment) Bill, 2013

49

1 2 3

64th

65th

66th

Report on the Judicial AppointmentsCommission Bill, 2013

Report on the Representation of the People(Second Amendment and Validation)Bill, 2013

Report on the Right to Information(Amendment) Bill, 2013

Presented to Rajya Sabha on 09.12.2013and Laid on the Table of Lok Sabha on09.12.2013

Presented to Rajya Sabha on 09.12.2013and Laid on the Table of Lok Sabha on09.12.2013

Presented to Rajya Sabha on 17.12.2013and Laid on the Table of Lok Sabha on17.12.2013

Page 62: The Right to Information (Amendment) Bill, 2013
Page 63: The Right to Information (Amendment) Bill, 2013

Printed at : Bengal Offset Works, 335, Khajoor Road, Karol Bagh, New Delhi-110005.


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