Derecognition and Deregistration of Political Parties

Context

The Election Commission of India (ECI) in its report on enforcement of Model Code of Conduct (MCC) has stated that it expects star campaigners to lead by example and not vitiate the fabric of society.

About Registered Parties:

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Derecognition and Deregistration of Political Parties

• Legislative Provision: 
  • Section 29A of the Representation of the People Act, 1951 (RP Act) lays down the requirements for registration of a political party with the ECI. 
  • To qualify for registration, a political party must submit its memorandum /constitution, which affirms its commitment to the Constitution of India and its principles, including socialism, secularism, democracy, and the sovereignty, unity, and integrity of India.
  • Registered Unrecognized Political Parties (RUPP): Such parties are considered as RUPP which are:
    • Newly registered parties,
    • Those parties which have not secured enough percentage of votes in the assembly or general elections to become a state party, 
    • Those parties which have never contested elections since being registered 
• Benefits of Registered Parties: 
  • Tax Exemptions: Donations to registered political parties are tax-exempt under Section 13A of the Income Tax Act, 1961, reducing tax burden and encouraging legitimate political funding.
  • Common Symbol: Registered parties receive a common symbol for elections nationwide, helping voters easily identify and align with the party’s candidates.
  • Star Campaigners: Registered parties can designate up to twenty ‘star campaigners’ during elections, allowing key figures to enhance campaign impact without counting their expenses toward individual candidates’ expenditure limits.

About Recognized Parties

• Recognized parties are a subset of registered political parties that meet specific criteria set by the ECI under The Election Symbols (Reservation and Allotment) Order, 1968. These parties are classified further as either ‘national’ or ‘state’ parties based on their performance in general elections to the Lok Sabha or State Assemblies.
• Criteria for achieving Recognition are: 
  • Conditions for Recognition as a State Party: To achieve state party recognition in India, a political party must meet one of the following criteria during general elections:
  • Vote and Seat Criteria (Assembly): Secures 6% of the valid votes in the state and wins at least 2 seats in the state legislative assembly.
  • Vote and Seat Criteria (Lok Sabha): Secures 6% of the valid votes in the state and wins at least 1 seat in the Lok Sabha from the state.
  • Seat Share in Assembly: Wins at least 3% of the total seats in the state legislative assembly, or a minimum of 3 seats, whichever is greater.
  • Seat Share in Lok Sabha: Wins 1 Lok Sabha seat for every 25 seats or any fraction thereof allotted to the state.
  • Vote Percentage (Added in 2011): Secures 8% of the total valid votes polled in the state during a general election to either the Lok Sabha or the state legislative assembly.
• Conditions for Recognition as a National Party: A political party in India can be recognized as a national party if it meets any of the following criteria:
  • Multi-State Vote and Seat Criteria: Secures at least 6% of valid votes in four or more states during a general election to the Lok Sabha or state legislative assemblies and wins a minimum of four Lok Sabha seats from any state or combination of states.
  • Lok Sabha Representation: Wins at least 2% of the total Lok Sabha seats in a general election, with candidates elected from at least three different states.
  • State Party Status: Is recognized as a state party in at least four states.
• Benefits of Being a Recognized Party: Recognized parties enjoy additional privileges beyond those afforded to merely registered parties, including:
  • Reserved Symbol: Recognized parties get an exclusive symbol for their candidates, aiding voter recognition and preventing confusion.
  • Increased Number of Star Campaigners: Recognized parties can have up to forty ‘star campaigners,’ doubling the limit for unrecognized parties, enabling more effective campaigning.
  • Other Electoral Advantages: Recognized parties often benefit from favorable campaign finance regulations and increased media exposure during elections.

Issues with the Registration and Recognition Process of Political Parties

• Lack of Explicit Powers: The RP Act does not explicitly empower the ECI to de-register parties for failing to contest elections, conduct inner-party elections, or file requisite returns.
• Supreme Court Ruling: The Supreme Court ruled in 2002 that the ECI cannot deregister political parties under the RP Act, except in exceptional cases such as fraud, disloyalty to the Constitution, or being declared unlawful by the government.
• Underutilization of Registration: Less than a third of Registered Unrecognized Political Parties (RUPPs) contest elections, raising concerns about their purpose and operations.
• Potential Misuse of Tax Exemptions: RUPPs that do not contest elections might misuse income tax exemptions and donations for money laundering.
• Inadequate Enforcement of MCC: The MCC prohibits using caste or communal feelings to secure votes, bribing, and intimidation of voters. However, recognized parties often violate the MCC with minimal consequences, such as brief bans on campaigning.

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Way Forward

• Empower ECI for Deregistration: Amend the law to grant the ECI authority to deregister political parties, as proposed in the ECI’s 2016 electoral reforms memorandum.
• Criteria for Deregistration: Deregister political parties that do not contest elections for 10 consecutive years, per the Law Commission’s 255th report (2015).
• Enforcement of Compliance: Strengthen Paragraph 16A of the Symbols Order to allow the ECI to suspend or withdraw recognition of parties not adhering to the MCC or ECI’s lawful directions, ensuring better compliance.