Context:
- The Election Commission of India (ECI) has initiated de-listing of 345 Registered Unrecognised Political Parties (RUPPs) that have neither contested elections in the past six years nor maintained verifiable office addresses.
Why in News?
- This move is part of a clean-up exercise to tackle the proliferation of “letter pad parties”—political outfits that exist only on paper but enjoy tax exemptions and symbol benefits.
- Raises important legal and governance questions on the power of the ECI to de-register parties.
What is a Registered Unrecognised Political Party (RUPP)?
As per Section 29A of the Representation of the People Act, 1951:
- Any citizen group can register a political party by submitting its constitution, declaring allegiance to the Constitution of India, secularism, socialism, and national unity.
- Once registered, the party is classified as a RUPP unless it meets the criteria for recognition.
Benefits Enjoyed by RUPPs:
- Income Tax Exemption on donations under Section 13A of the IT Act, 1961
- Common Election Symbol for Lok Sabha/Assembly polls (on request)
- Nomination of up to 20 star campaigners
- Ability to receive donations above ₹2,000 only via cheque or bank transfer
- Must report donations above ₹20,000 annually
Issues Identified:
- As of May 2025, there are over 2,800 RUPPs, but only ~750 contested the 2024 elections.
Many RUPPs do not:
- Maintain active addresses
- File mandatory annual returns
- Conduct internal elections
- Update office bearer lists
- These “non-compliant” parties misuse benefits, distort democratic processes, and may become vehicles for financial irregularities.
Legal Vacuum: Can ECI De-register Parties?
- NO explicit power under the RP Act, 1951 to de-register a party merely for inactivity.
- Supreme Court ruling in INC vs Institute of Social Welfare (2002): ECI can de-register only under exceptional cases:
- Registration obtained by fraud
- Party declared unlawful
- Party no longer upholds allegiance to the Constitution
What is the ECI Doing Now?
ECI has de-listed parties that:
- Could not be traced physically
- Have not contested since 2019
- Failed to comply with transparency norms
- Show-cause notices issued to these parties via respective State CEOs
Challenges and Reform Recommendations:
- Lack of de-registration power : Amend RP Act to empower ECI (as per Law Commission’s 255th Report, 2015)
- Misuse of tax exemptions: Tighten compliance under Income Tax Act, debar non-filers automatically
- Letter pad parties & proxy funding : Mandate minimum electoral activity to retain registration
- Lack of internal democracy : Implement Law Commission’s 170th & 255th Reports – periodic audits of elections
- Political misuse of RUPPs : Create transparent registry and annual audit reports by ECI
Ethical & Governance Angle:
- De-registration is not just a legal issue—it’s about cleansing India’s electoral landscape.
- Upholding transparency, accountability, and democracy within parties is essential to electoral integrity
- Encouraging internal democracy will improve candidate quality and reduce dynastic politics.
| UPSC Relevance : GS Paper: GS2 – Polity and Governance, Electoral ReformsSub-themes: Election Commission Powers, Political Party Registration, Internal Democracy Mains Practice Question: Q. “The absence of statutory power to de-register political parties creates space for electoral misuse and tax evasion.” Critically examine the need for legal reforms in the context of the Election Commission’s powers. (Answer in 250 words) |