The Hindu: Published on 30th June 2025:
Why in News?
The Election Commission of India (ECI) has initiated proceedings to de-list 345 Registered Unrecognised Political Parties (RUPPs) that have not contested any elections in the past six years and whose physical existence could not be verified. This move aims to tackle the rise of non-functional or “letter pad” parties that exist only on paper and may be misusing legal and financial privileges.
BACKGROUND:
Political parties are formed under the fundamental right to association (Article 19(1)(c)).
Registration is governed by Section 29A of the Representation of the People Act, 1951, which mandates that the party's constitution must:
Uphold the Indian Constitution and its values (secularism, socialism, democracy).
Ensure internal democracy, including regular elections of office bearers.
Once registered with the ECI, such entities become Registered Unrecognised Political Parties (RUPPs) unless they fulfill conditions to be recognised at the State/National level.
REQUIREMENTS TO REGISTER A POLITICAL PARTY WITH ECI:
Apply within 30 days of formation.
Submit party’s memorandum/constitution showing commitment to the Indian Constitution.
Commit to internal democracy.
Verified and registered by ECI as a RUPP.
BENEFITS ENJOYED BY RUPPs:
Tax exemption on donations under Section 13A of the Income Tax Act.
Common election symbol for Lok Sabha/Assembly elections.
Permission to have up to 20 star campaigners.
Accept donations above ₹2,000 only via cheque or bank transfer.
Mandatory submission of donor details above ₹20,000 annually.
ISSUES INVOLVED:
As of May 2025, there are over 2,800 RUPPs, but only 750 contested the 2024 elections.
Many parties are termed "letter pad parties" as they exist only on paper.
There is no clear legal power under the RP Act to de-register such inactive or non-compliant parties.
Supreme Court (2002) ruling limits ECI’s powers to de-register, except in cases of fraud or unlawful activities.
281 de-listed and 217 inactive RUPPs were already identified by March 2024 (updated to May 2025).
ACTION TAKEN BY ECI:
Identified 345 RUPPs that are both non-functional and untraceable.
Directed Chief Electoral Officers to issue show-cause notices before delisting.
Inactive parties now lose common symbol and tax benefits.
LEGAL LOOPHOLE:
The RP Act, 1951 does not grant explicit de-registration powers to ECI.
This weakens ECI’s hands in enforcing electoral discipline.
SUGGESTIONS & WAY FORWARD:
Implement Law Commission's 255th Report (2015):
De-registration of parties inactive for 10 consecutive years.
Follow ECI's 2016 memorandum:
Amend RP Act to grant explicit de-registration power.
Enforce provisions for internal party democracy, as proposed in the 170th and 255th Law Commission Reports.
Avoid misuse of registration for tax evasion or money laundering by strengthening financial disclosure norms.
CONCLUSION:
The ECI’s current delisting drive is a positive step to clean up the electoral system and curb misuse of party registration. However, statutory amendments are essential to empower the ECI to de-register defunct or non-compliant parties and ensure greater transparency and internal democracy in the political system.
