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Friday 23 January 2015

Indian court holds political parties to be public bodies amenable to judicial review while UK Court of Appeal does not: who is right?




"In view of the nature of public functions performed by political parties...we conclude that political parties in question are public authorities under section 2(h) of the RTI Act," the Bench, comprising Chief Information Commissioner Satyanand Mishra and Information Commissioners Annapurna Dixit and M L Sharma, said.






2 comments:

The Conservatives must be held to account said...

Members of the Chinese Communist Party know that their party is a repressive left wing party.

Members of the Conservative Party like to pretend their party isn't.

Claire Khaw said...

I actually reject the left-right classification of political parties, but imagine that in practice the Chinese Communist Party ignores all the rules of its constitution that protects its members rights, but my point is that AT LEAST IT HAS CLAUSES THAT PROTECTS ITS MEMBERS' RGHTS.

The constitution of the Conservative Party actually says that its members has no rights at all and can be excluded for any reason AT THE ABSOLUTE DISCRETION OF THE SECRETARY OF THE BOARD OF THE CONSERVATIVE PARTY.

The Conservative Party constitution allows any member to be expelled without warning or explanation. This means the PM himself could in theory be expelled if the Board of the Conservative Party decide to get rid of him.

The Conservative Party constitution allows any member to be expelled without warning or explanation. This means the PM himself could in theory be expelled if the Board of the Conservative Party decide to get rid of him.

This did indeed happen in Cameron v Hogan when a sitting Australian Premier of the State of Victoria - Edmond Hogan - was expelled from the Australian Labour Party in 1934.

http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9596/96rp21

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