Published: 17th May, 2024
Context
The Election Commission of India (ECI) has raised concerns about the lack of explicit powers to deregister political parties for non-compliance with electoral norms. This issue highlights the challenges regarding the registration and recognition of political parties in India and the need for stronger regulatory mechanisms to uphold electoral integrity.
Issues and Concerns
- Many registered but unrecognised parties don't contest elections, raising concerns about potential misuse of privileges.
- The Election Commission of India (ECI) lacks explicit powers to deregister parties for failure to contest, conduct inner-party elections, or submit returns.
- The Supreme Court has limited ECI's power to deregister parties, allowing it only under exceptional circumstances like fraud or violation of constitutional allegiance.
- Parties not contesting elections may misuse tax exemptions and donations for illicit purposes.
MCC Violations
- The Model Code of Conduct (MCC) prohibits using caste and communal sentiments for votes, as well as voter bribery or intimidation.
- Recognised parties have been found guilty of MCC violations, but ECI sanctions are often limited to short campaign bans.
- Recommendations for Action
- ECI has proposed amendments to empower itself to deregister parties, supported by the Law Commission's recommendation.
- The Law Commission suggested deregistration for parties failing to contest elections for ten consecutive years.
- ECI can suspend or withdraw recognition of parties under Paragraph 16A of the Symbols Order for MCC violations, although this power is seldom used.
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