Syllabus

GS 2: powers, functions and responsibilities of various Constitutional Bodies.

Context:

Recently, The Election Commission of India has planned to remove 345 political parties from its list of political parties.

More on the News:

• As of May 2025, there are over 2,800 Registered Unrecognised Political Parties (RUPPs) in India, according to the Election Commission of India (ECI).
• However, only about 750 of them contested the 2024 general elections. Because many of these parties exist only on paper, they are often called ‘letter pad parties’.
• Registered Unrecognised Political Parties (RUPPs) that have not contested any elections in the last six years and whose offices could not be physically traced will be de listed soon.

De-registration of political parties

The Representation of the People (RP) Act does not give the ECI clear powers to de-register parties just because they fail to contest elections, skip internal elections or don’t submit required reports.

In the 2002 Supreme Court case Indian National Congress vs Institute of Social Welfare, the court ruled that the ECI can de-register a party only in rare cases, such as:

• If the party got registered through fraud,
• If it stops following the Constitution of India, or
• If it is declared illegal by the Government.

About Registered Parties

Constitutional Basis: Article 19(1)(c) of the Indian Constitution gives citizens the right to form associations, including political parties.

Registration of Political Parties (Section 29A, RP Act, 1951)

• To register with the Election Commission of India (ECI):
• A political party must submit its constitution/memorandum within 30 days of formation.
• It must declare:
• Faith in the Constitution of India
• Allegiance to socialism, secularism, democracy
• Commitment to sovereignty, unity and integrity of India

The ECI reviews the document to ensure internal democracy (like regular elections for office-bearers).Once approved, it is registered as a Registered Unrecognised Political Party (RUPP).

Once approved, it is registered as a Registered Unrecognised Political Party (RUPP).

Registered Unrecognised Political Parties (RUPPs) enjoy the following benefits:

• Tax exemption on donations under Section 13A of the Income Tax Act, 1961
• Common election symbol for contesting Lok Sabha or State Assembly elections
• Permission to nominate 20 ‘star campaigners’ for election campaigning

RUPPs (Registered Unrecognised Political Parties) must follow:

• They must maintain and report details of donors who contribute more than ₹20,000 in a financial year to the Election Commission of India (ECI) under Section 29C of the Representation of the People Act.
• Failure to submit these details will lead to loss of income tax exemption.
• As per the Income Tax Act, 1961, RUPPs must accept donations over ₹2,000 only through cheque or bank transfer — cash donations above this limit are not allowed.

Current Status of RUPP

• The Election Commission of India (ECI) regularly releases lists of de-listed and inactive Registered Unrecognised Political Parties (RUPPs).
• As per the latest notification (updated till May 2025), 281 parties have been de-listed and 217 marked as inactive.
• De-listed parties were found to be non-existent at their registered address, even after being sent notices.
• Inactive parties are those that haven’t updated important details, like the list of office bearers, since 2014.

Mains Practise Question

Q. Discuss the legal and regulatory framework governing Registered Unrecognised Political Parties (RUPPs) in India. In light of recent action by the Election Commission of India (ECI), critically examine the challenges in ensuring transparency and accountability in their functioning. (15M, 250W)