Syllabus
GS Paper 2 – Salient features of the Representation of People’s Act; Important aspects of governance, transparency and accountability.
Context
India’s multi-party democracy is diverse, but many political parties lack internal democracy.
Source
The Hindu| Editorial dated 4th October 2024
Should EC ensure internal democracy in political parties?
India’s multi-party democracy is diverse but faces challenges regarding the internal democracy within political parties. While the Election Commission (EC) plays a key role in overseeing elections, its capacity to enforce internal democracy within political parties is limited. This issue has been discussed extensively, particularly in relation to the EC’s mandate and its ability to intervene in political party functioning.
EC’s Role and Limitations
- EC as a registering authority: The EC registers political parties and monitors whether they function according to their Constitution and by-laws.
- Supreme Court ruling of 2002: Restricts the EC from interfering in the political process, limiting its powers to de-registering parties based on fraud or registration violations, not for lack of internal democracy.
- No power to de-register based on elections : The EC cannot de-register a party solely because it fails to hold periodic elections for its office bearers.
- Limited mandate: The EC’s core mandate is to conduct Parliamentary and State elections, not to enforce internal democracy within political parties.
Challenges in Enforcing Internal Democracy
- Core focus of EC: EC’s primary role is election management, and critics argue it struggles with even this core function, making additional responsibilities like enforcing internal democracy problematic.
- Fear of political influence: Giving the EC power to intervene in internal party matters may politicize the institution, subjecting it to political pressures.
- Current interventions: The EC has occasionally intervened, such as in the case of the YSRCP’s proposal to make Jagan Mohan Reddy the permanent president. While the EC rejected the proposal, it lacked the mandatefor further action.
Regulation and Legal Framework
- Lack of legal grounds: No existing legal provision mandates the EC to regulate internal democracy beyond registering political parties and ensuring compliance with by-laws.
- Election symbols order: In cases of party splits, the EC applies four tests to determine which faction holds the majority, focusing on the legislative wing and following party by-laws.
- Voter responsibility: Experts suggest that voters should decide the fate of parties lacking internal democracy, emphasizing the need for electoral discipline over regulatory interventions.
Conclusion
While the issue of internal democracy in political parties is significant, the Election Commission has limited authority to address it due to legal and constitutional constraints. As experts suggest, the responsibility to demand democratic practices within parties ultimately lies with the electorate, making informed voter choices crucial to upholding democratic principles.
Related PYQ
Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. [ UPSC Civil Services Exam – Mains 2022]
Practice Question
Examine the role of the Election Commission in ensuring internal democracy within political parties in India. Should the Election Commission be granted more powers to regulate internal party affairs?[150 words]
Guidelines to Answer
- Introduction:
- Begin with the importance of internal democracy in political parties for strengthening democratic institutions.
- Briefly mention the current role of the Election Commission (EC) in regulating political parties in India.
- Body:
- Role of EC: Explain the EC’s functions, including registration of political parties and oversight of party constitutions and by-laws. Mention the 2002 Supreme Court ruling limiting EC’s power in internal party matters.
- Challenges: Discuss challenges faced by the EC in ensuring internal democracy, including the lack of legal authority to de-register parties for not holding internal elections.
- Need for Reforms: Present both sides of the debate on whether the EC should be granted more powers or whether voter discipline should regulate party democracy.
- Conclusion:
- Summarize the key arguments, emphasizing that while reforms may be necessary, voter awareness and existing checks on party functioning remain crucial.
- Highlight the need for balance between regulation and autonomy for political parties.