EC Power to de-register a Political Party

Subject: Polity

Section: Election

Concept :

The Election Commission of India has submitted before the Allahabad High Court that it has no Jurisdiction to either ban caste-based rallies organized by political parties in the non-election period or to ban them from contesting subsequent polls.
The submission was made by the Election watchdog in a Public Interest Litigation (PIL) plea filed by one Moti Lal Yadav before the High Court in the year 2013 seeking a ban on all such political rallies that organize caste rallies.
The PIL plea also seeks a direction to the ECI to cancel the registration of such political parties which organize such rallies.

EC Submissions on Court

Significantly, the ECI submitted that it has formulated a set of strict rules which prohibit electioneering along communal lines, or seeking votes on the basis of caste, creed, or religion, however, the violation of the same can not be dealt with by the ECI outside the election period.
The ECI also informed the Court that it can take action against delinquent political parties, contesting candidates, and their agents who make appeals on caste lines in their election campaign only during the election period (after the model code of conduct kicks in till the completion of polls) and that outside this period, it can not take actions against the political parties.

EC Power regarding De-registration of a Political Party

The ECI is not empowered to de-register parties on the grounds of violating the Constitution or breaching the undertaking given to it at the time of registration ECI under Section 29 A (5).
ECI submitted that while it can register a party under Section 29A of the Representation of the People Act, 1951, the commission has no power to de-register a party except on the limited grounds as mentioned in the Supreme Court order in the case of Indian National Congress vs. Institute of Social Welfare and Others (2002).
Indian National Congress vs Institute of Social Welfare (2002) :
This case addressed the issue of whether the ECI under Section 29-A of RPA 1951 has the authority to deregister or cancel party’s registration.
The court held that ECI has no express mandate to deregister a political party for violating Indian Constitution, except in rare circumstances like (a) when a party becomes registered by defrauding; (b) when a political party modifies its terminologies of association, rules, abrogating the provisions or notifies the Commission that it has lost allegiance to the Indian Constitution or its principles; and (c) when the central government declares a political party illegal under the UAPA 1967.

Pravasi Bhalai Sangathan vs UOI :

In the Pravasi Bhalai Sangathan vs UOI (2014), the Supreme Court requested the Law Commission to examine whether ECI should be granted the power of deregistering political parties, since it lacks effective execution.

Law Commission

The recommendations of the Law Commission are still pending before the Parliament.
This has led to lack of effective control over political parties by the ECI. The legislation on this grey area is the need of the hour – a significant electoral reform that can potentially rid the democratic-political ecosystem from some of its evils.