Election Commission moves to delist inactive political parties

Source: The post Election Commission moves to delist inactive political parties has been created, based on the article “Why is the ECI de-listing political parties?” published in “The Hindu” on 30th June 2025

UPSC Syllabus Topic: GS Paper 2-Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The Election Commission of India (ECI) has initiated action to de-list 345 Registered Unrecognised Political Parties (RUPPs) that have not contested any election since 2019 and could not be located. This move addresses concerns about inactive parties misusing legal and financial privileges.

Understanding Registered Unrecognised Political Parties (RUPPs)

1. Legal Foundation of Political Parties: The right to form political parties comes under Article 19(1)(c) of the Constitution. Section 29A of the Representation of the People Act (RP Act), 1951 governs their registration. Parties must commit to the Constitution, socialism, secularism, democracy, and national unity.
2. Registration Process and Internal Democracy: A party must submit its constitution within 30 days of formation. The ECI ensures it includes provisions for internal democracy, such as regular elections for office bearers.
3. Benefits Enjoyed by RUPPs
   RUPPs receive:

• Tax exemption under Section 13A of the Income Tax Act, 1961
• Common election symbol
• Permission for 20 star campaigners during elections

Compliance and Accountability Issues

1. Donor Transparency and Reporting: RUPPs must report donations above ₹20,000 annually. Donations over ₹2,000 must be through cheques or bank transfers. Non-compliance removes tax benefits under Section 29C of the RP Act.
2. Low Electoral Participation: There are over 2,800 RUPPs, but only about 750 contested the 2024 general elections. The rest are often termed ‘letter pad parties’.
3. ECI’s Limited Power to De-register: In Indian National Congress vs Institute of Social Welfare (2002), the Supreme Court ruled that ECI cannot de-register parties for non-compliance, except in cases of fraud or disloyalty to the Constitution.

Current Clean-up Measures by the ECI

1. Delisting of Non-Existent and Inactive RUPPs: In a March 2024 notification (updated till May 2025), the ECI listed 281 de-listed and 217 inactive RUPPs. These were found non-existent or had outdated records since 2014.
2. Impact of Delisting: Such parties lose access to common symbols and tax exemptions.
3. Action on 345 RUPPs: The ECI found these parties non-functional and untraceable since 2019, and has asked State CEOs to issue show-cause notices before delisting.

Need for Legislative Reforms

1. Recommendations for De-registration Powers: The Law Commission (255th report, 2015) recommended de-registration for parties inactive for 10 years. The ECI’s 2016 electoral reform memorandum also supported this.
2. Ensuring Inner-Party Democracy: Most parties lack internal democracy. Though ECI cannot directly intervene, the Law Commission (170th and 255th reports) proposed RP Act amendments to address this issue.

Question for practice:

Discuss the challenges faced by the Election Commission of India in regulating Registered Unrecognised Political Parties and the reforms suggested to address them.