Syllabus
GS Paper 2 – Salient features of the Representation of People’s Act; Important aspects of governance, transparency and accountability.
Applications where to apply?
When asked about
– Issues with political parties
– Powers of ECI
– Model Code of Conduct
Context
ECI’s power to deregister and derecognise parties arises amidst concerns about managing political parties’ behaviour and ensuring adherence to fair electoral practices.
Source
The Hindu | Editorial dated 17th May 2024
Can parties be de-recognised or de-registered?
The Election Commission of India (ECI) expects star campaigners to lead by example, avoiding actions that harm societal harmony. This expectation has spurred debate about the ECI’s authority to enforce the Model Code of Conduct (MCC), especially in curbing violations during election campaigns, and its ability to deregister and derecognize political parties.
Registered Parties
Requirements for Registration
- Section 29A of the RP Act, 1951: Political parties must submit their memorandum/constitution to the Election Commission of India (ECI) .
- Allegiance: The memorandum should declare that the party bears true faith and allegiance to the Constitution of India.
- It must also commit to the principles of socialism, secularism, democracy, and uphold the sovereignty, unity, and integrity of India.
Benefits
- Tax Exemption: Donations received by registered political parties are exempt from income tax under Section 13A of the Income Tax Act, 1961.
- Common Symbol: Registered parties can use a common election symbol for contesting general elections to the Lok Sabha and State Assemblies.
- Star Campaigners: They are allowed to have up to 20 star campaigners during election campaigns.
- Statistics: As of the latest data, there are 2,790 active registered political parties in India.
Recognised Parties
Criteria for Recognition
- Symbols Order, 1968: Recognition as a ‘national’ or ‘state’ party is based on performance in general elections.
- Levels: Recognition can be at the national or state level depending on the number of seats won and the percentage of votes obtained.
- Current Statistics: Currently, there are six recognized national parties and 61 recognized state parties in India.
Additional Benefits
- Reserved Symbols: Recognised parties are allocated a reserved symbol for use in elections.
- Star Campaigners: Recognised parties can have up to 40 star campaigners.
Derecognition of Political Parties
- Definition: Derecognition means the withdrawal of a political party’s recognition by the ECI, turning it into a registered-unrecognized party.
- Authority: ECI can derecognize parties that violate the Indian Constitution or the Representation of the People Act, 1951.
- Grounds for Derecognition:
- Failing to secure 6% of total votes in a general election to the Lok Sabha (LS) or state legislative assembly, or failing to have at least 4 MPs elected in the last LS polls.
- Not winning at least one LS seat from the same state or failing to win 2% of total LS seats from at least three states.
- Failing to secure 8% of total valid votes in a state at a General Election to the LS or state legislative assembly.
- Not submitting audited accounts on time.
- Failing to hold organizational elections on time.
Deregistration of Political Parties
- Definition: Deregistration means the cancellation of a political party’s registration. However, the ECI currently lacks the power to deregister parties.
- Consequences: A deregistered party cannot contest elections.
- Grounds for Deregistration:
- Registration obtained by fraud.
- Declared illegal by the Central Government.
- Internal Constitution amendments that contravene the Indian Constitution, notified to the ECI.
Issues with current system
Non-Contesting Parties
- Prevalence: Less than a third of Registered Unrecognised Political Parties (RUPPs) actually contest elections.
- Misuse: There are concerns about the potential misuse of income tax exemptions and the possibility of donations being used for money laundering.
- Legal Limitation: The RP Act does not give the ECI explicit powers to de-register parties that fail to contest elections, conduct inner-party elections, or submit requisite returns.
- Supreme Court ruling in Indian National Congress vs. Institute of Social Welfare & Ors (2002) limits ECI’s power to de-register except under exceptional circumstances (fraud, loss of constitutional allegiance, or unlawful status).
MCC Violations
- Prohibited Actions: The Model Code of Conduct (MCC) prohibits appeals based on caste and communal feelings, bribery, and voter intimidation.
- Enforcement: The ECI typically enforces short-term bans on leaders for violating the MCC, which has been seen as insufficient deterrence.
Recommendations
- ECI’s Memorandum (2016): The ECI has suggested amending the law to empower it to de-register political parties.
- Law Commission’s 255th Report (2015): Recommends amendments to allow de-registration of parties that do not contest elections for 10 consecutive years.
- Enforcement of Paragraph 16A:
- Symbols Order: Under Paragraph 16A, the ECI can suspend or withdraw the recognition of a political party for failing to observe the MCC or follow lawful directions.
- Historical Use: This provision has been used sparingly, such as the three-week suspension of the National People’s Party in 2015 for non-compliance with ECI directions.
Conclusion
Empowering the ECI with the ability to de-register political parties and strictly enforcing the Symbols Order are crucial steps towards ensuring fair electoral practices and maintaining the integrity of India’s democratic process.
Related Topics
Model Code of Conduct
- Model Code of Conduct – Set of norms that have prescribed how political parties, contesting candidates and parties in power should conduct themselves during elections.
- Issued by – Election Commission of India
- First introduced in – State Assembly Elections of Kerala in 1960.
- Date of enforcement – MCC is enforced from the date of announcement of election schedule
- Operational till – Election results are announced
- Applicability –
- Throughout the entire country during General elections to Lok Sabha.
- Entire state during elections to legislative assembly.
- Entire district or districts during bye-elections.
- Other Features –
- Model Code of Conduct is not legally enforceable.
- Certain provisions can be enforced through corresponding provisions in other statutes such as IPC, CrPC and Representation of People Act.
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
Discuss the powers of the Election Commission of India (ECI) concerning the registration and recognition of political parties.. [250 words]