Political party RTI — CIC 2013 Full Bench; Election Commission
Political party RTI is a unique area. The Central Information Commission Full Bench order (2013) brought 6 national parties (BJP, Congress, BSP, NCP, CPI, CPI-M) within the definition of “public authority” under §2(h). The Supreme Court has not overturned this; political parties have largely refused compliance. The Electoral Bonds matter (struck down 2024) revealed the gap and intensified accountability arguments.
Statutory framework
RTI Act §2(h) “public authority”; CIC Full Bench Order 2013; SC: ADR cases, Electoral Bonds judgment 2024; ECI handbook + party finance norms.
Key principles
- CIC 2013 Full Bench: 6 national parties are “public authorities” per §2(h).
- Parties have largely not complied — file RTI applications go unanswered.
- Election Commission as PIO for party-registration data is fully under RTI.
- Party finances (donations, expenses) — accountability framework strong.
- Electoral Bonds (2018-2024): SC struck down on transparency grounds.
- 2024 Electoral Bonds judgment data publicly disclosed by ECI.
- Internal party operations (manifesto drafting, candidate selection) generally exempt.
Decision framework
- Identify the request category — Party financial / candidate selection / ECI registration / electoral bonds?
- Apply CIC 2013 Full Bench framework — For 6 national parties: subject to RTI as PA.
- Apply ECI as PIO for registration data — Most party-related data accessible via ECI.
- For electoral bonds, apply SC 2024 — Public disclosure mandatory; data already published.
- Apply §10 severability — Operational decisions exempt; financial transparency disclosable.
- Issue speaking order — Cite CIC 2013 + relevant SC rulings.
Template
To: [Applicant Name] Subject: Reply to RTI [____] — Political party / electoral records Sir/Madam, Your application sought records related to [specific party / electoral matter]. The framework applied: POLITICAL PARTY AS PUBLIC AUTHORITY: Per CIC Full Bench Order 2013, 6 national parties (BJP, Congress, BSP, NCP, CPI, CPI-M) are "public authorities" under §2(h). [If applicable to this office]: This office is subject to RTI; specific records sought are addressed below. ECI-HELD DATA: The Election Commission, as the regulator, holds: - Party registration data: disclosed. - Annual contribution disclosures (Form 24A): disclosed (publicly available). - Election expenditure returns: disclosed. - Contribution lists from political parties: disclosed. ELECTORAL BONDS DATA (post-2024 SC judgment): Per Supreme Court judgment on Electoral Bonds (struck down February 2024), historical bond data is publicly disclosed via SBI + ECI websites. This data is fully accessible. PARTY INTERNAL OPERATIONS: Internal manifesto drafting, candidate-selection deliberations, organizational matters: case-specific exemption under §8(1)(i) [deliberative process]. Specific portions disclosed where post-decision public-interest applies. FINANCIAL TRANSPARENCY (ANNUAL REPORTS): Annual party reports + Audit + Income Tax returns: disclosed per public-interest accountability. DPDP §44(3) IMPACT (donor data): For individual donor data, balance under §8(1)(j) + DPDP §44(3) — large donors (>Rs 25,000): disclosed per ECI norms. Smaller individual donations: case-specific. Section 10 severability throughout. Yours faithfully, [Name, Designation, PIO]
Illustrations
BJP's annual contribution report 2023-24
Disclosed via ECI; party itself subject to RTI per CIC 2013.
Electoral Bonds purchaser list pre-2024
Publicly disclosed per SC 2024 judgment.
Specific candidate selection process for 2024 election
Internal deliberation: exempt §8(1)(i). Post-decision: case-specific.
Party expenditure report under §29C
Filed with ECI; disclosed.
Donations by individual donors below Rs 25,000
Aggregate disclosed; specific identifying data case-specific per §8(1)(j).
Manifesto drafting committee minutes
Pre-decision: exempt §8(1)(i). Post-publication: case-specific.
Case law anchors
- CIC Full Bench Order 2013 — 6 national parties = public authorities per §2(h).
- Subhash Chandra Agarwal v CPIO (SC 2019) — Accountability framework extended to political institutions.
- Electoral Bonds judgment (SC Feb 2024) — Donor-anonymity scheme struck down on transparency grounds.
- ADR v UoI series (1999-2024) — Election Commission disclosure framework.
- CIC, Re: Various party RTIs (2013-2024) — Pattern of party non-compliance + ICs ordering disclosure.
Common mistakes
- Refusing all party RTIs — violates CIC 2013 Full Bench.
- Treating party finances as commercially confidential — wrong; accountability dominates.
- Withholding ECI-held data — accessible via ECI directly.
- Refusing electoral bonds data — already publicly disclosed post-2024 SC ruling.
- Failing to recognize 2024 SC Electoral Bonds judgment changed framework.
- Generic refusal without §10 severability application.
Pro tips
- Maintain list of 6 national parties + their PIO contacts.
- For party-related queries, parallel-file with ECI for fastest result.
- Train party PIOs on CIC 2013 Full Bench compliance.
- For electoral bonds queries, redirect to public SBI/ECI data.
- For donor data, prepare anonymized aggregate templates.
- For internal-deliberation queries, document decision-status carefully for §8(1)(i) application.
FAQs
Are state political parties also under RTI?
CIC 2013 covers 6 national parties. State parties: separate question; some state ICs have ruled similarly.
Can I get a candidate's asset declaration?
Disclosed via ECI under §29A. Public record.
Internal candidate selection — exempt?
Pre-decision: exempt §8(1)(i). Post-announcement: case-specific.
Party's position on a policy?
Public statements: yes. Internal deliberation: exempt.
Electoral bonds data after Feb 2024?
Publicly disclosed; ECI + SBI websites have all historical data.
Related reading
Sources
RTI Act §2(h); CIC Full Bench Order 2013; SC Electoral Bonds judgment Feb 2024; ECI handbook on party finance; ADR case series.
Last reviewed: 25 April 2026.
