DE-RECOGNITION OF  POLITICAL PARTIES 

• Section 29A of the Representation of the People Act, 1951 (RP Act), specifies the requirements for the registration of a political party with the Election Commission of India (ECI).
• Any political party seeking registration must submit a copy of its memorandum or constitution. This document must declare that the party will uphold true faith and allegiance to the Constitution of India and adhere to the principles of socialism, secularism, and democracy, while also upholding India's sovereignty, unity, and integrity.
• Registered political parties enjoy several legal benefits, including

• A registered political party is classified as a Registered Unrecognised Political Party (RUPP). However, political parties can be officially recognised as either a 'national' or 'State' party under the provisions of The Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) by the Election Commission of India (ECI).
• Recognition as a 'national' or 'State' party is based on criteria such as winning the requisite number of seats and/or obtaining the required percentage of votes in a general election to the Lok Sabha or State Assembly.
• Recognised parties enjoy additional concessions, including the allocation of a reserved symbol during elections and the ability to nominate up to forty 'star campaigners'.

• Less than a third of Registered Unrecognised Political Parties (RUPPs) actively participate in electoral contests. However, the Representation of the People Act (RP Act) does not grant explicit authority to the Election Commission of India (ECI) to deregister political parties for failing to contest elections, conduct inner-party elections, or submit required returns.
• The Supreme Court ruling in the case of Indian National Congress versus Institute of Social Welfare & Ors (2002) clarified that the ECI lacks the authority to deregister political parties under the RP Act. Deregistration is only permissible under exceptional circumstances, such as fraudulent registration, loss of allegiance to the Constitution, or government declaration of unlawfulness.
• RUPPs that abstain from contesting elections raise concerns regarding the potential misuse of benefits, including income tax exemptions and donations, which could be susceptible to exploitation for money laundering activities.

Violations of Model Code of Conduct (MCC)

• The Model Code of Conduct (MCC) prohibits the exploitation of caste and communal sentiments to secure votes. However, recognised political parties have been found guilty of violating these provisions on numerous occasions.
• Recognised political parties have also been implicated in instances of bribing voters or intimidating them to influence election outcomes.

Enforcement Challenges

• Despite instances of MCC violations, the Election Commission's response has been limited. In many cases, the ECI imposes temporary bans on campaigning by party leaders for only short periods, typically two to three days.

5. Recommendations for Addressing the Issues

Empowering the Election Commission of India (ECI)

• The ECI's memorandum for electoral reforms (2016) proposes amendments to grant the ECI the authority to deregister political parties.
• Similarly, the Law Commission's 255th report (2015) on 'Electoral reforms' suggests amendments to allow deregistration of a political party if it fails to contest elections for ten consecutive years.
• These recommendations should be promptly implemented to enhance the ECI's regulatory powers.

Implementation of Law Commission Recommendations

• The suggestions made by the Law Commission regarding the deregistration of political parties that consistently abstain from electoral contests need to be incorporated into electoral laws.
• Such measures would ensure that political parties fulfil their democratic obligations and actively engage in the electoral process.

Enforcement of Existing Provisions

• Under Paragraph 16A of the Symbols order, the ECI possesses the authority to suspend or withdraw recognition of a recognised political party for failing to observe the Model Code of Conduct (MCC) or comply with lawful directives of the Commission.
• This provision, though rarely used, should be enforced rigorously to uphold electoral integrity.
• Strict action under this provision, as demonstrated in the suspension of the National People's Party in 2015, would serve as a deterrent and promote adherence to the MCC.