Context:
- The Election Commission of India (ECI) has initiated action to de-list 345 Registered Unrecognised Political Parties (RUPPs).
- These parties have not contested any election since 2019 and were found untraceable at their registered addresses.
- The move aims to enhance transparency, electoral integrity, and accountability within India’s political system.
Key Highlights:
Status of RUPPs
- RUPPs are parties registered under Section 29A of the Representation of the People Act, 1951, but not recognised as State or National Parties.
- As of May 2025, India has over 2,800 RUPPs, yet only ~750 contested the 2024 Lok Sabha elections.
Legal Framework
- Section 29A, RP Act, 1951 empowers ECI to register political parties, not explicitly to de-register them.
- Parties must submit a memorandum/constitution affirming faith in:
- Constitution of India
- Democracy
- Secularism
- Article 19(1)(c) guarantees the fundamental right to form associations, including political parties.
Benefits Enjoyed by RUPPs
- Income tax exemptions on donations under the Income Tax Act.
- Access to common election symbols.
- Star campaigner provisions during elections.
Judicial Position
- Supreme Court (2002) held that ECI can de-register parties only in rare circumstances:
- Fraud
- Anti-national activities
- Electoral inactivity alone is not a sufficient legal ground for de-registration.
Current ECI Action
- ECI has issued show-cause notices through State Chief Electoral Officers (CEOs).
- Parties found “inactive” or “non-existent” will lose:
- Common symbol eligibility
- Tax benefits
- This is a de-listing exercise, not formal de-registration under law.
Reform Recommendations
- Law Commission 255th Report (2015):
- Proposed automatic de-registration if a party does not contest elections for 10 consecutive years.
- Law Commission Reports (170th & 255th):
- Emphasised inner-party democracy, transparency, and regulatory oversight.
- ECI has repeatedly sought amendments to the RP Act to strengthen its regulatory powers.
Relevant Prelims Points:
- Issue: Proliferation of inactive and non-existent RUPPs.
- Causes:
- Easy registration under Section 29A.
- Absence of statutory de-registration powers.
- Misuse of tax exemptions and political funding.
- Government / Institutional Initiatives:
- ECI-led verification drives.
- Show-cause notices via State CEOs.
- Recommendations by Law Commission.
- Benefits of De-listing:
- Prevents misuse of tax exemptions.
- Enhances electoral transparency.
- Reduces presence of “letter pad parties”.
- Challenges:
- Constitutional protection under Article 19(1)(c).
- Judicial limitations on ECI’s authority.
- Impact:
- Cleaner electoral rolls of political parties.
- Push for legislative reforms in political regulation.
Relevant Mains Points:
- Key Provisions & Institutions:
- Section 29A, RP Act, 1951
- Article 19(1)(c), Constitution of India
- Election Commission of India
- Law Commission of India
- Keywords & Concepts:
- Registered Unrecognised Political Parties (RUPPs)
- De-listing vs De-registration
- Electoral accountability
- Inner-party democracy
- Analytical Perspective:
- Balancing fundamental rights with electoral integrity.
- Addressing regulatory gaps without overreach.
- Way Forward:
- Amend RP Act to grant limited, well-defined de-registration powers to ECI.
- Introduce mandatory electoral participation norms.
- Strengthen financial disclosure and audit mechanisms.
- Promote inner-party democracy through statutory guidelines.