Can’t De-Register Political Parties For Offering Freebies: ECI Tells SC

  • April 10, 2022
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Can’t De-Register Political Parties For Offering Freebies: ECI Tells SC

Subject: Polity

Section: Elections

Context: Election Commission of India has told the Supreme Court that offering any freebies either before or after the election is a policy decision of the party and that the Commission cannot regulate state policies and decisions which may be taken by the winning party when they form the government.

Background

  • Petition has been filed in the Supreme Court seeking a direction to the Election Commission of India (ECI) to seize the election symbol or deregister a political party that promises or distributes “irrational freebies” from public funds before elections.
  • The petition argued that the recent trend of political parties to influence voters by offering freebies with an eye on elections is not only the greatest threat to the survival of democratic values but also injures the spirit of the Constitution.
  • The affidavit has been filed by ECI to the PIL says “Election Commission of India cannot regulate state policies and decisions which may be taken by the winning party when they form the government. Such an action, without enabling provisions in the law, would be an overreach of powers”
  • SC with regards to the role of ECI had observed that
    • Considering that there is no enactment that directly governs the contents of the election manifesto, we hereby direct the Election Commission to frame guidelines for the same in consultation with all the recognized political parties as when it had acted while framing guidelines for general conduct of the candidates, meetings; processions, polling day, party in power etc.
    • In the similar way, a separate head for guidelines for election manifesto released by a political party can also be included in the Model Code of Conduct for the Guidance of Political Parties & Candidates.

Registering a Political Party

  • The registration of all political parties is governed by the provisions of the Representation of the People Act, 1951.
  • According to the Election Commission (EC), any party seeking registration has to submit an application to the Commission within a period of 30 days.
  • This is done as per guidelines prescribed by the EC in exercise of the powers conferred by Article 324 of the Constitution and Section 29A of the RP Act, 1951.
  • Process of registration
    • The applicant is asked to publish a proposed party name in two national daily newspapers and two local daily newspapers, and provide two days for submitting objections, if any.

Why registering with the EC is important?

  • Registering as a political party with the EC has its advantage in terms of intending to avail itself of the provisions of the RP Act, 1951.
  • The candidates set up by a political party registered with the EC will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates.
  • Registered political parties, over course of time, can get recognition as a ‘state party’ or a ‘national party’.
  • Recognised ‘state’ and ‘national’ parties:
    • need only one proposer for filing the nomination and
    • are also entitled for two sets of electoral rolls free of cost and
    • broadcast/telecast facilities over state-owned Akashvani / Doordarshan during the general elections.
  • But no travel expenses for star campaigners.
  • There is no procedure available for the de-registration of dormant political parties.

Political Parties need to satisfy conditions to recognized:

For recognition as a National Party

  1. 6% vote share in the last Assembly polls in each of any four states, as well as four seats in the last Lok Sabha polls; or
  2. 2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states; or
  3. recognition as a state party in at least four states.

For recognition as a State Party

  1. two seats plus a 6% vote share in the last Assembly election in that state; or
  2. one seat plus a 6% vote share in the last Lok Sabha election from that state; or
  3. 3% of the total Assembly seats or 3 seats, whichever is more; or
  4. one of every 25 Lok Sabha seats (or an equivalent fraction) from a state; or
  5. an 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls.

ECI said that registration of political parties can only be cancelled on 3 grounds which are:

  1. where a political party has obtained registration by practising fraud or forgery;
  2. where a registered political party amends its nomenclature of association, rules and regulations abrogating therein conforming to the provisions of Section 29A(5) of the Act or intimating the Election Commission that it has ceased to have faith and allegiance to the Constitution of India or to the principles of socialism, secularism and democracy or it would not uphold the sovereignty, unity and integrity of India so as to comply the provisions of Section 29A(5) of the Act; and
  3. any like ground where no enquiry is called for on the part of the Commission
Can’t De-Register Political Parties For Offering Freebies: ECI Tells SC Polity