DEMOCRACY DEMANDS DAYLIGHT: A CASE FOR BRINGING INDIAN POLITICAL PARTIES UNDER RIGHT TO INFORMATION ACT, 2005

Abstract

Can a democracy be truly free if its guardians operate in the dark? Political parties are not mere participants in democracy—they are its architects and custodians. Yet, they evade the core constitutional value that sustains the Republic: the right to know. For a polity that proudly refers to itself as the largest democracy in the world, it is ironic that the institutions that engage in elections, constitute governments, and wield power over the legislature themselves fall outside the scope of democratic scrutiny. The question that therefore arises, fundamental and pressing in its implications, is whether a democracy can truly be described as participatory if its most influential political institutions are not accountable to the public that they purportedly represent. The Right to Information Act, 2005 was passed to instil a culture of transparency and to enable citizens to hold public authorities accountable. It is based on the consideration that access to information is not merely an administrative tool but a constitutional right under Article 19(1)(a) of the Constitution, which guarantees citizens the freedom of speech and expression. But even after two decades since its enactment, political parties still resist being brought within its ambit on a plethora of legal and logistical grounds.