Source: Can parties be de-recognised or de-registered? (The Hindu, May 17, 2024)
The Election Commission of India (ECI) has highlighted the need for star campaigners to uphold societal integrity, sparking a debate on its authority to enforce the Model Code of Conduct (MCC). This once again highlights the broader issues of political party registration and recognition, where the ECI faces challenges in regulating parties that fail to contest elections or adhere to legal obligations, raising concerns about potential misuse of tax exemptions and donations.
Election Commission of India and the Model Code of Conduct
- The Election Commission of India (ECI) expects star campaigners to set a good example.
- They should not harm societal harmony.
- This expectation has sparked a debate on ECI’s power to enforce the Model Code of Conduct (MCC).
Registered Political Parties
Requirements for Registration
- Section 29A of the Representation of the People Act, 1951 outlines registration requirements.
- Parties must submit a copy of their memorandum or constitution.
- The document must declare allegiance to the Constitution of India.
- It must also support socialism, secularism, democracy, sovereignty, unity, and integrity.
Benefits for Registered Parties
- Tax exemption for donations under Section 13A of the Income Tax Act, 1961.
- A common symbol for contesting general elections.
- Allowance of twenty ‘star campaigners’ during election campaigns.
- There are 2,790 active registered political parties in India.
Recognised Political Parties
Recognition Criteria
- Registered parties are initially called Registered Unrecognised Political Parties (RUPP).
- Recognition as a ‘national’ or ‘State’ party is based on the Election Symbols (Reservation and Allotment) Order, 1968.
- Recognition requires winning a certain number of seats or a specific percentage of votes in general elections.
Benefits for Recognised Parties
- Six ‘national’ parties and sixty-one ‘State’ parties are currently recognised.
- Recognised parties have a reserved election symbol.
- They are allowed forty ‘star campaigners’ during elections.
Issues with Political Party Regulations
Contesting Elections
- Less than a third of Registered Unrecognised Political Parties (RUPPs) contest elections.
- The Representation of the People Act (RP Act) does not give the ECI power to de-register parties that don’t participate in elections, hold inner-party elections, or file required returns.
Supreme Court Ruling
- In 2002, the Supreme Court ruled that the ECI cannot de-register parties under the RP Act except in exceptional cases.
- Exceptional cases include:
- Registration obtained by fraud.
- The party ceasing allegiance to the Constitution.
- The party being declared unlawful by the Government.
Misuse Concerns
- Non-contesting RUPPs may misuse income tax exemptions and donations for money laundering.
Violations of the Model Code of Conduct
Common Violations
- The MCC prohibits using caste or communal sentiments, bribing, and intimidating voters.
- Recognised parties have been found violating the MCC frequently.
- The ECI’s usual response is to ban leaders from campaigning for only two to three days.
Recommendations for Improvement
Proposed Amendments
- The ECI suggested a legal amendment in 2016 to allow de-registration of parties.
- The Law Commission in its 2015 report recommended de-registration for parties not contesting elections for 10 consecutive years.
- Implementing these recommendations could improve party accountability.
Enforcement of MCC
- Under Paragraph 16A of the Symbols Order, the ECI can suspend or withdraw a party’s recognition for not observing the MCC.
- This power was used once in 2015 to suspend the recognition of the National People’s Party for three weeks.
- Stricter enforcement would help ensure adherence to the MCC.