Supreme Court Petition Urges ECI to Frame Robust Rules for Political Party Regulation

A significant plea has been filed in the Supreme Court, calling for the Election Commission of India (ECI) to formulate comprehensive rules and guidelines for both the registration and stringent regulation of political parties across the nation. The petition, brought by advocate Ashwini Kumar Upadhyay, highlights a crucial gap in the current legal framework, arguing that the existing laws predominantly focus only on the registration of parties, leaving a void in their subsequent oversight and accountability.

Upadhyay's plea underscores that despite the ECI's vital role in conducting free and fair elections, its powers regarding the actual regulation of political parties are not adequately defined or empowered by statute.

The Representation of the People Act, 1951, while stipulating procedures for registration, falls short in addressing critical aspects such as internal party democracy, financial transparency, and adherence to constitutional principles once a party is registered. This lacuna, the petition argues, leads to a system ripe for misuse and a lack of accountability among political entities.

The petition draws attention to several pressing issues arising from this regulatory void.

It points out the proliferation of 'phantom' political parties that exist only on paper, often used for dubious purposes rather than genuine political participation. The ease with which parties can be registered with similar names and symbols also creates significant confusion among voters, undermining the integrity of the electoral process.

Furthermore, the absence of mandatory rules for internal democracy means that many parties function without proper elections for their office bearers, concentrating power in a few hands and stifling democratic principles within their own structures.

Advocate Upadhyay asserts that the ECI, under its constitutional mandate enshrined in Article 324 – which grants it superintendence, direction, and control of elections – possesses the inherent power to frame such rules.

The plea also invokes Article 14, emphasizing the need for all political parties to operate under a uniform and transparent regulatory framework, ensuring equality before the law. It suggests that a robust regulatory mechanism would not only enhance the credibility of political parties but also foster a more equitable and democratic political landscape.

The ECI has, in the past, acknowledged these issues and even made recommendations to the government, such as the de-registration of parties that fail to contest elections for a prolonged period.

However, these recommendations often lack the legal teeth for effective implementation. The Supreme Court plea seeks to empower the ECI to move beyond recommendations and actively enforce a code of conduct and regulatory norms that ensure parties are not just registered entities but genuinely democratic, transparent, and accountable institutions.

By drawing parallels with established democracies like the USA, UK, Canada, New Zealand, and Australia, where political parties are subject to clear regulatory frameworks, the petition advocates for India to adopt similar best practices to strengthen its own democratic foundations.