NEW DELHI, Sept 12: The Supreme Court on Friday agreed to examine a plea seeking directions to the Election Commission of India (ECI) to frame rules for the registration and regulation of political parties in order to promote secularism, transparency, and political justice.
A bench of Justices Surya Kant and Joymalya Bagchi issued notices to the Centre, the ECI, and the Law Commission of India on the plea filed by petitioner-in-person Ashwini Kumar Upadhyay.
The bench, while inclined to issue notice, observed that no political party was impleaded as a respondent. “They will say you are asking for something to regulate them and they were not here,” Justice Kant remarked, directing the petitioner to implead all national parties registered with the poll panel.
Upadhyay’s plea alleged that “bogus political parties” posed a serious threat to democracy, appointing criminals, drug smugglers, and money launderers as office bearers in exchange for money. The petition also claimed that some separatists had formed political parties to collect donations, with certain office bearers even securing police protection.
Citing a recent media report, the plea highlighted that the Income Tax Department had unearthed a “fake” political party involved in converting black money into white by charging a 20 per cent commission.
The plea argued that transparency and accountability in the functioning of political parties are vital in the public interest since they perform a public function, and thus the ECI must regulate them. Alternatively, it sought directions for the Law Commission to study best practices from other democracies and prepare a report on the regulation of political parties to curb corruption and criminalisation in politics.
“The move to regulate political parties within the ambit of the Constitution would pave the way for robust democratic functioning,” the petition added.