WHY IS THE ELECTION COMMISSION DE-LISTING POLITICAL PARTIES?

Why Is the Election Commission De-listing Political Parties?

Because many parties exist only on paper, not in real life. These are called “**letter pad parties**” — they don’t contest elections, don’t respond to notices, and often don’t even have an actual office. They enjoy tax benefits and symbols but do nothing politically.

👉 So, the ECI is identifying and removing such inactive or non-existent political parties from its official list to stop fraud, tax misuse, and clutter in the system.

## 🔷 What Is a Registered Party?

Any group of Indian citizens can form a political party under:

* Article 19(1)(c) of the Constitution – gives the fundamental right to form associations, including political ones.

To become officially recognised, a party must be registered with the Election Commission of India (ECI) under:

* Section 29A of the Representation of the People Act (RP Act), 1951

## 🔶 How to Register a Political Party with the ECI?

A newly formed party must:

1. Apply for registration within 30 days of formation.

2. Submit its memorandum/constitution, which must include:

   * Faith in the Constitution of India

   * Belief in socialism, secularism, democracy

   * Support for sovereignty, unity, and integrity of India

3. Show proof of internal democracy (e.g., regular elections for party posts).

4. ECI reviews the documents and, if satisfied, registers the party as a:

➡️ Registered Unrecognised Political Party (RUPP)

## 🔶 What Benefits Do Registered Unrecognised Political Parties (RUPPs) Get?

Even if not recognised nationally or at the state level, RUPPs get several benefits:

| Benefit                  | Details                                                                                  |

| —————————- | ——————————————————————————————– |

| ✅ Tax Exemption          | Under Section 13A of the Income Tax Act, donations are tax-exempt.                           |

| ✅ Common Election Symbol | During elections, they can get a common symbol to help voters identify them.                 |

| ✅ Star Campaigners       | Can nominate 20 star campaigners whose expenses are not clubbed with candidate spending. |

Note: They must submit annual reports and donor details (donations above ₹20,000), or else they lose tax exemption.

## 🔶 Then What’s the Problem?

As of May 2025, there are 2800+ RUPPs, but only \~750 contested in 2024 elections.

That means over 2,000 parties do not participate but still enjoy benefits. These:

* May not exist physically (no office, no workers)

* Don’t file returns or conduct inner-party elections

* Could be used to launder money via fake donations (due to tax exemptions)

💡 Such fake parties are called “letter pad parties” – exist only on paper.

## 🔷 Can the Election Commission De-register a Party?

This is important:

➡️ NO, the ECI does NOT have explicit legal power to de-register a political party just for inactivity.

🔍 Supreme Court ruling:

In Indian National Congress vs Institute of Social Welfare (2002), the Court said:

* ECI can register parties under the RP Act.

* But it cannot de-register a party unless:

  1. The registration was obtained by fraud.

  2. The party is declared unlawful by the Government (under UAPA).

  3. The party has ceased allegiance to the Constitution.

So, even if a party does nothing for years, the ECI can’t cancel its registration unless the law is changed.

## 🔶 So What Is the ECI Doing Now?

ECI has done the next best thing:

✔️ De-listing RUPPs that are:

* Inactive since 2019 or earlier.

* Have no physical presence at the address provided.

* Have not updated their internal info like office-bearer list since 2014.

🟠 These parties:

* Are removed from the ECI’s active RUPP list.

* Lose benefits like common symbol and tax exemption.

Mukesh Kumar
Mukesh Kumar

Leave a Reply

Your email address will not be published. Required fields are marked *