Introduction
Political parties form the institutional foundation of India's representative democracy. Under the Representation of the People Act (RPA), 1951, registration grants an association statutory standing as a political party, conferring access to symbol allotments, tax exemptions, and electoral privileges under the supervision of the Election Commission of India (ECI).
Procedure for Registration under Section 29A, RPA, 1951
Section 29A of the Representation of the People Act, 1951, outlines the formal mechanism through which any association or body of individual citizens of India calling itself a political party can register with the ECI:
- Application Timeline: The association must submit an application to the ECI within 30 days of the date of its formation.
- Membership Requirement: The application must be accompanied by certified extracts of the electoral rolls showing that the party has at least 100 registered voters as members.
- Mandatory Constitutional Allegiance: Under Section 29A(5), the party constitution must contain an explicit provision declaring true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism, and democracy, while upholding the sovereignty, unity, and integrity of India.
- Scrutiny and Quasi-Judicial Order: After publishing public notices in regional and national daily newspapers to invite objections within 30 days and examining internal party democracy norms, the ECI decides whether to register the party through a quasi-judicial order under Section 29A(7).
Registered Unrecognised Political Parties (RUPPs)
RUPPs are political entities registered under Section 29A of the RPA, 1951, that satisfy one of the following criteria:
- They are newly registered parties that have not yet contested elections;
- They have contested elections but failed to secure the statutory vote-share or seat thresholds specified under the Election Symbols (Reservation and Allotment) Order, 1968, to qualify as recognized State or National parties; or
- They have never contested an election after formal registration.
RUPPs constitute more than 95% of all registered political parties in India.
Concerns Associated with RUPPs
- Financial Malpractice and Tax Evasion: Registered parties enjoy 100% tax exemption on income from house property, other sources, capital gains, and voluntary contributions under Section 13A of the Income Tax Act, 1961, while donors receive deductions under Section 80GGC. Many RUPPs exploit these provisions for money laundering, round-tripping, and converting unaccounted cash into legal funds without engaging in genuine political activity.
- Electoral Inactivity: Over 70% of RUPPs do not contest elections, functioning as dormant entities or "letter-pad" shell organisations created purely to reap tax exemptions or secure office spaces.
- Non-Compliance with Disclosure Norms: A vast majority of RUPPs routinely default on mandatory obligations, including submitting annual audited accounts, annual contribution reports under Section 29C of the RPA, and election expenditure statements.
- Electoral Distortion: Some RUPPs exist to field dummy candidates, split votes along communal or caste lines, or act as conduits to circumvent statutory expenditure limits applicable to candidates from mainstream political parties.
Does the ECI Have Powers to De-register a Political Party?
The RPA, 1951 does not confer any express statutory authority on the ECI to de-register a political party once registered under Section 29A.
In Indian National Congress v. Institute of Social Welfare (2002), the Supreme Court held that the ECI's power under Section 29A is quasi-judicial and that it has no inherent power of review to de-register a political party. The Court carved out only three exceptional circumstances under which the ECI can deregister a party:
- Where registration was obtained by fraud or forgery;
- Where a political party has amended its constitution and repudiated its allegiance to the Constitution of India; or
- Where the party has been declared an unlawful association under central legislation such as the Unlawful Activities (Prevention) Act, 1967.
Because it lacks explicit deregistration authority, the ECI exercises its plenary administrative powers under Article 324 to "de-list" inactive RUPPs—stripping them of common symbol privileges and notifying the Department of Revenue for withdrawal of tax exemptions under Section 13A.
Conclusion
To tackle the proliferation of shell parties and preserve the sanctity of electoral funding, statutory intervention is imperative. Amending Section 29A of the RPA, 1951, as recommended by the Law Commission's 255th Report, to grant the ECI express powers of deregistration for sustained non-contestation and reporting non-compliance, is crucial for strengthening democratic governance.