Legal and Functional Framework
- Right to Form Parties:
- Forming political associations is a fundamental right under Article 19(1)(c) of the Indian Constitution.
- Registration Process (Section 29A, RP Act, 1951):
- Parties must submit a memorandum/constitution within 30 days of formation.
- Must affirm allegiance to the Constitution of India, socialism, secularism, democracy, and national unity and integrity.
- ECI verifies provisions for internal democracy, including periodic elections for office bearers, before granting registration.
- Definition of RUPPs:
- Parties that are registered with ECI but not recognised as State or National Parties due to non-fulfilment of performance criteria (votes/seats).
Relevance : GS 2(Polity, Elections)
Current Status of RUPPs (as of May 2025)
- Total RUPPs: Over 2,800.
- Contested in 2024 General Elections: Approx. 750.
- De-listed and Inactive (by ECI):
- 281 de-listed RUPPs
- 217 marked inactive (no updated office bearer data since 2014)
Recent ECI Action (2024–2025)
- De-listing 345 RUPPs:
- These parties have not contested any election since 2019.
- Their offices were found to be non-existent or untraceable.
- ECI has instructed Chief Electoral Officers (CEOs) to issue show-cause notices before final action.
- Objective:
- Prevent misuse of benefits such as income tax exemption, common election symbols, and star campaigner status.
Statutory Obligations and Benefits of RUPPs
- Under Representation of the People Act (RP Act), 1951:
- RUPPs must submit details of donors contributing above ₹20,000 annually.
- Must maintain transparency in internal elections and financial disclosures.
- Under Income Tax Act, 1961:
- Tax exemptions under Section 13A.
- Donations above ₹2,000 must be via banking channels (no cash).
- Failure to file returns or donor lists may result in loss of tax benefits.
- Operational Advantages:
- Eligibility for common electoral symbol.
- Can nominate 20 star campaigners during elections.
Legal Limitations & Reform Suggestions
- Supreme Court Ruling (2002):
- In Indian National Congress v. Institute of Social Welfare, the Court held that ECI cannot de-register a party unless:
- Registration was obtained by fraud.
- Party has ceased allegiance to the Indian Constitution.
- Party is declared unlawful by the Government.
- In Indian National Congress v. Institute of Social Welfare, the Court held that ECI cannot de-register a party unless:
- Pending Reform Proposals:
- Law Commission Report (255th, 2015):
- Suggests de-registration of parties inactive for 10 consecutive years.
- Law Commission Report (255th, 2015):
- ECI’s Electoral Reform Memo (2016):
- Recommends amendments to RP Act to empower de-registration for non-compliance or inactivity.
- Issue of Inner-Party Democracy:
- Many parties do not conduct regular internal elections.
- Law Commission (170th & 255th reports) advocates legal provisions to enforce inner-party democracy.
Broader Context and Implications
- “Letter Pad Parties”:
- Term used for parties that exist only on paper but do not engage in electoral activity.
- Risks: misuse of legal and financial privileges, opaque donations, and regulatory burden on ECI.
- Significance of Current Exercise:
- Enhances transparency, reduces compliance gaps, and supports genuine political participation.
- May serve as a precursor to long-term legislative reforms to streamline political party accountability.
