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Political Parties = Not Under RTI And Not Under Judiciary ?…Laws Are For Common Citizens Not Politicians

3 August 2013 No Comment

RTI Activist News

The Cabinet’s clearance to the amendment of the Right to Information Act to keep political parties out of the ambit of the transparency law and also approving the move to seek a review of the Supreme Court’s ruling that barred convicted legislators from holding on to their seats pending a hearing on their appeals, has proved once again that Political Parties and Politicians are above the People of this Country and Judiciary, infact the version of Politician’s is Supreme Court should stay out of the matters of Policy making !!! but  when the Political parties and Politicians who have gone back on their assurances to the Country, what should the Judiciary do ?

Amending RTI Act through ordinance/legislation?

It refers to press-release dated 08.07.2009 from Union Ministry of Personnel, Public Grievances & Pensions as available on website of Press Information Bureau (PIB) http://pib.nic.in/newsite/erelease.aspx?relid=49920 which clearly mentions of assurance given in the Parliament by Union Government in a written reply that Non-Governmental-Organisations (NGOs) and Social Activists will be consulted before any amendment in RTI Act. With such assurance from Union government in Parliament, any amendment in RTI Act including for keeping political parties out of RTI Act may even be considered as contempt of Parliament.

In such a scenario, if Union government and political parties are so sure about full-bench verdict from Central Information Commission (CIC) for bringing political parties under RTI Act to be contrary to law, they should challenge CIC-verdict in the courts rather than adopting short-cut route of ordinance or legislation instead of breaking the solemn assurance given by Union government to people of this nation in the sovereign Parliament. President of India in his dual capacity as Head of the nation and the Parliament should honour assurance given in this regard by his government in the Parliament in this regard.

Please refer to the Press Release which will prove that Government cannot bring in any amendments without Consultations, this  This information was given by the then Minister of State in the Ministry of Personnel, Public Grievances & Pensions, Shri Prithviraj Chavan in a written reply to a question in Lok Sabha on 8th July 2009.

RTI (PRESS RELEASE)8.7.9

The amendment, which can be cleared by a simple majority, will involve a clarification that the term ‘public authorities’ will not include political parties. The CIC had directed these parties to share information, including on their office-bearers, internal polls and account books, saying they were public authorities since they received substantial public funds.
If this was not enough the Political Class  across Party Lines have come together on one more issue which challenges the Indian Democracy ,

The Supreme Court had struck down as ultra vires a provision of the Representation of the People Act, which protects convicted lawmakers against disqualification on the ground of pendency of appeal against their conviction in the higher courts.

Section 8(4) of the RP Act allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within three months of the date of judgment by the trial court, legal experts and Political Parties are questioning how come such order could be passed when a Constitution Bench of the apex court already declared that the provision was “not unreasonable”.

Barring of Convicted MP’s and MLA’s is what was taken in to consideration, for cleansing the Political System ,The aspect before the Court was whether MPs and MLAs who had been convicted but had filed appeals prior to this judgment would also be disqualified or could continue to retain the protection of section 8(4). The Court held that its judgment would only apply prospectively. This means all MPs and MLAs who are convicted after 10 July, 2013, shall stand immediately disqualified, but those who have filed appeals prior to this date will remain protected.

Now the People of this Country have to think in Politics there are no friends and no enemies, enemies turn friends when the issue of their own survival comes.

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