Brief Context
Context The Election Commission of India (ECI) has initiated steps to de-list 345 Registered Unrecognised Political Parties (RUPPs) that have not contested elections in the last six years and whose offices could not be physically located. Political Party Registration in India Constitutional and Legal Basis:Article 19(1)(c) of the Indian Constitution guarantees the right to form associations, which includes the formation of political parties. The Representation of the People Act, 1951, under Sect
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Syllabus: GS2/ Polity and Governance
Context
- The Election Commission of India (ECI) has initiated steps to de-list 345 Registered Unrecognised Political Parties (RUPPs) that have not contested elections in the last six years and whose offices could not be physically located.
Political Party Registration in India
- Constitutional and Legal Basis:Article 19(1)(c) of the Indian Constitution guarantees the right to form associations, which includes the formation of political parties.
- The Representation of the People Act, 1951, under Section 29A, empowers the Election Commission of India (ECI) to register political parties.
- Procedure for Registration: A political party seeking registration must:
- Submit its constitution/memorandum within 30 days of formation.
- Pledge allegiance to the Constitution of India and to the principles of socialism, secularism, democracy, sovereignty, unity, and integrity.
- Ensure internal democracy, including regular elections for office bearers.
- Upon registration, such parties are classified as Registered Unrecognised Political Parties (RUPPs) unless they fulfill the criteria for recognition as national or state parties.
Benefits Enjoyed by RUPPs
- Tax exemption for donations received under Section 13A of the Income Tax Act, 1961,
- A common symbol for contesting general elections to the Lok Sabha/State Assemblies, and
- Right to nominate up to 20 star campaigners.
Issues with the Existing Framework
- Explosive Growth of RUPPs: As of May 2025, India had over 2,800 RUPPs, but only 750 contested the 2024 General Elections.
- Many of these have become “letter pad parties” — existing only on paper, with no real political activity.
- Lack of ECI Powers to Deregister: The Supreme Court in Indian National Congress versus Institute of Social Welfare & Ors, 2002 ruled that the ECI can delist a party but cannot deregister a party except under extraordinary circumstances like:
- Registration obtained by fraud,
- Loss of allegiance to the Constitution,
- Declaration of the party as unlawful by the Central Government.
- Tax Exemption Misuse: Inactive RUPPs misusing the Income Tax Act provisions to launder money or evade taxes.
- Many parties fail to furnish donor or expenditure details, yet continue to receive tax benefits.
- Lack of Inner-party Democracy: Most parties do not conduct regular internal elections or adhere to democratic norms, defeating the spirit of participatory governance.
Recommendations for Reform
- Law Commission 170th Report (1999) & 255th Report (2015): It recommended to;
- Introduce statutory criteria for de-registration,
- Allow de-registration for failure to contest elections for 10 consecutive years,
- Mandate internal democracy within parties.
- The ECI in its memorandum for electoral reforms (2016) had also suggested amendment to RP Act, 1951 to;
- Provide ECI explicit power to deregister parties,
- Penalise non-compliance with transparency norms,
- Deny tax benefits and common symbols to defaulting RUPPs.
Concluding Remarks
- India’s vibrant democracy permits free formation of political parties, but the unchecked rise of inactive RUPPs weakens electoral integrity.
- The ECI’s de-listing drive is timely, yet without statutory powers for deregistration and stronger transparency norms, its impact remains limited.
- Comprehensive legal reforms, backed by political will, are crucial to ensure a credible and accountable multi-party system.
Source: TH