De-listing of Political Parties

Syllabus: GS2/ Polity and Governance

Context

• The Election Commission of India (ECI) has initiated steps to de-list 345 Registered Unrecognised Political Parties (RUPPs) that have not contested elections in the last six years and whose offices could not be physically located.

Political Party Registration in India

• Constitutional and Legal Basis:Article 19(1)(c) of the Indian Constitution guarantees the right to form associations, which includes the formation of political parties.
  • The Representation of the People Act, 1951, under Section 29A, empowers the Election Commission of India (ECI) to register political parties.
• Procedure for Registration: A political party seeking registration must:
  • Submit its constitution/memorandum within 30 days of formation.
  • Pledge allegiance to the Constitution of India and to the principles of socialism, secularism, democracy, sovereignty, unity, and integrity.
  • Ensure internal democracy, including regular elections for office bearers.
• Upon registration, such parties are classified as Registered Unrecognised Political Parties (RUPPs) unless they fulfill the criteria for recognition as national or state parties.

Benefits Enjoyed by RUPPs

• Tax exemption for donations received under Section 13A of the Income Tax Act, 1961, 
• A common symbol for contesting general elections to the Lok Sabha/State Assemblies, and 
• Right to nominate up to 20 star campaigners.

Issues with the Existing Framework

• Explosive Growth of RUPPs: As of May 2025, India had over 2,800 RUPPs, but only 750 contested the 2024 General Elections.
  • Many of these have become “letter pad parties” — existing only on paper, with no real political activity.
• Lack of ECI Powers to Deregister: The Supreme Court in Indian National Congress versus Institute of Social Welfare & Ors, 2002 ruled that the ECI can delist a party but cannot deregister a party except under extraordinary circumstances like:
  • Registration obtained by fraud,
  • Loss of allegiance to the Constitution,
  • Declaration of the party as unlawful by the Central Government.
• Tax Exemption Misuse: Inactive RUPPs misusing the Income Tax Act provisions to launder money or evade taxes.
  • Many parties fail to furnish donor or expenditure details, yet continue to receive tax benefits.
• Lack of Inner-party Democracy: Most parties do not conduct regular internal elections or adhere to democratic norms, defeating the spirit of participatory governance.

Recommendations for Reform

• Law Commission 170th Report (1999) & 255th Report (2015): It recommended to;
  • Introduce statutory criteria for de-registration,
  • Allow de-registration for failure to contest elections for 10 consecutive years,
  • Mandate internal democracy within parties.
• The ECI in its memorandum for electoral reforms (2016) had also suggested amendment to RP Act, 1951 to;
  • Provide ECI explicit power to deregister parties,
  • Penalise non-compliance with transparency norms,
  • Deny tax benefits and common symbols to defaulting RUPPs.

Concluding Remarks

• India’s vibrant democracy permits free formation of political parties, but the unchecked rise of inactive RUPPs weakens electoral integrity. 
• The ECI’s de-listing drive is timely, yet without statutory powers for deregistration and stronger transparency norms, its impact remains limited. 
• Comprehensive legal reforms, backed by political will, are crucial to ensure a credible and accountable multi-party system.

Source: TH