Why is the ECI De-listing Political Parties?, Pg8

Context:

• The Election Commission of India (ECI) has initiated steps for de-listing 345 Registered Unrecognised Political Parties (RUPPs) that have not contested elections since 2019 and are untraceable at their registered addresses.

Key Highlights:

• ECI has initiated action against 345 RUPPs for electoral inactivity and non-verifiable existence.
• Section 29A of the Representation of the People Act, 1951 governs party registration.
• RUPPs enjoy benefits like tax exemptions, common election symbols, and star campaigner provisions.
• The ECI lacks explicit power to de-register under the current RP Act.
• Supreme Court (2002) judgment limits de-registration powers to rare cases like fraud or anti-national activity.
• RUPPs found “inactive” or “non-existent” lose access to symbols and tax exemptions.
• Law Commission and ECI have recommended legal reforms for empowering de-registration.

Detailed Insights:

• RUPPs are political entities registered with the ECI but not recognised as State or National parties.
• Under Article 19(1)(c), forming political associations is a fundamental right.
• Parties must submit a memorandum/constitution affirming allegiance to the Constitution, democracy, and secularism.
• While registration powers lie with the ECI, de-registration is currently limited to exceptional cases like fraud.
• Many RUPPs are mere “letter pad parties” with no electoral presence, raising concerns of misuse of tax benefits.
• As of May 2025, India has over 2,800 RUPPs, but only about 750 contested in the 2024 Lok Sabha polls.
• The ECI has directed show-cause notices through State CEOs before final de-listing.
• The Law Commission’s 255th Report (2015) proposed automatic de-registration if a party does not contest for 10 years.
• Strengthening inner-party democracy is another major reform area cited in Law Commission Reports (170th & 255th).
• There’s a growing need for RP Act amendments to enable ECI to ensure political accountability and transparency.

Key Concepts Involved:

• Registered Unrecognised Political Parties (RUPPs): Political parties registered under Section 29A of the RP Act but not yet recognised as State or National parties.
• De-registration: Legal removal of a party from the list of registered entities; currently not an explicit ECI power under RP Act except in cases of fraud or anti-national acts.
• Common Symbol: Election symbol allotted by the ECI to ensure recognisability during elections for RUPPs under certain conditions.