Critically evaluate the powers of the Election Commission of India to regulate and deregister non-compliant political parties.
Of roughly 2,854 parties on the ECI's rolls, only 6 are National and 67 State parties; the remainder are Registered Unrecognised Political Parties (RUPPs) [3]. The Commission's authority over them is real but statutorily incomplete — strong at the entry and monitoring stage, weak at the exit stage.
Where the Commission's powers are effective
- Registration gatekeeping: Section 29A of the RP Act, 1951 makes the ECI the sole registering authority, empowered to scrutinise a party's constitution, allegiance to the Constitution and office-bearer details [1].
- Financial compliance: under Section 29C, parties must file annual contribution reports (Form 24A) for donations above ₹20,000; default costs the party its income tax exemption [1].
- Symbol regulation: using the Symbols Order, 1968, the ECI declared 253 RUPPs "inactive" and barred them from symbol benefits [4].
- Active enforcement: since its 2022 compliance drive [3], the ECI moved from passive registration to monitoring — initiating proceedings against 345 RUPPs [5] and finally delisting 334 for contesting no election in six years [6].
Where the powers fall short
- No general power to deregister: in INC (I) v. Institute of Social Welfare (2002), the Supreme Court confirmed the ECI cannot cancel registration except in narrow cases such as fraud [2] — delisting is an administrative workaround, not a statutory remedy.
- Weak deterrence: over 92% of 2,796 RUPPs had not filed contribution reports for 2019, even as 219 claimed ₹608 crore in exemptions (2019-20) [3].
- Penalty mismatch: Section 29C default withdraws tax benefits but triggers no automatic deregistration [1].
- Verification gap: reports are self-declared and filed with state CEOs, fragmenting oversight [1].
Thus the ECI regulates energetically within a statute that was never designed for exit. Amending the RP Act to confer explicit deregistration powers, coupled with mandatory digital filing and audit of contribution reports, would align privilege with accountability — securing the free and fair elections that Article 324 entrusts to the Commission.
Sources
- 1The Representation of the People Act, 1951 (Sections 29A, 29C) — India Coderegistration, contribution reports, loss of tax exemption, filing with state CEOs
- 2Indian National Congress (I) v. Institute of Social Welfare, Supreme Court of India (2002)ECI has no general power to deregister a party
- 3PIB: Major push by ECI for Enforcing due Compliances by RUPPs (2022)2,796 RUPPs, 92%+ non-filing, ₹608 crore exemption claims, party numbers
- 4PIB: ECI declares 253 RUPPs as inactive, bars Symbol Order 1968 benefitssymbol-related regulatory action
- 5PIB: ECI starts proceedings to delist 345 RUPPsdelisting proceedings
- 6PIB: Cleaning up the Electoral System — ECI Delists 334 RUPPssix-year inactivity delisting
Practice
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