De-recognition or De-Registration of Political parties

Source: The Hindu
GS II: Constitution of India and Indian polity

Overview

1. News in Brief
2. Provision for Political Party registration
3. Deregistration of Political Parties

Why in the News?

Does the Election Commission have the power to de-recognise a political party for violation of the MCC?

News in Brief

• The Election Commission of India (ECI) in its report on the enforcement of the Model Code of Conduct (MCC) has stated that it expects star campaigners to lead by example and not vitiate the fabric of society.
• This has raised a debate about ECI’s powers to rein in MCC violations.

Provision for Political Party registration

• Section 29A of the Representation of the People Act, 1951 (RP Act) lays down the requirements for registration of a political party with the ECI.
• Any political party that seeks registration should submit a copy of its memorandum/constitution.
• Such document should declare that the party shall bear true faith and allegiance to the Constitution of India.
• It should also bear allegiance to the principles of socialism, secularism and democracy, and uphold the sovereignty, unity and integrity of India.
• Registered political parties enjoy the following legal benefits
  • Tax exemption for donations received under Section 13A of the Income Tax Act, 1961
  • Common symbol for contesting general elections to the Lok Sabha/State Assemblies
  • Twenty ‘star campaigners’ during the election campaign.
• As per the ECI, there are 2,790 active registered political parties in India.

Deregistration of Political Parties

• A party amends its internal Constitution and notifies the ECI that it can no longer abide by the Indian Constitution.
• Non-contesting RUPPs raise concerns about potential misuse of benefits like income tax exemption and donations for purposes such as money laundering.
• Political Party registration was obtained by fraud.
• The Representation of the People Act (RP Act) does not explicitly empower the Election Commission of India (ECI) to de-register political parties for failure to contest elections, conduct inner-party elections, or submit required returns.
• Recognised political parties have been found guilty of breaching the MCC, which prohibits the exploitation of caste and communal sentiments for electoral gain, as well as voter bribery and intimidation.
• It is declared illegal by the Central Government

Indian National Congress versus Institute of Social Welfare & Ors (2002)
ECI lacks the authority to de-register political parties under the RP Act, except under extraordinary circumstances such as fraudulent registration or cessation of allegiance to the Constitution.

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