Registered Unrecognised Political Parties (RUPPs)

In News

• Recently, the Election Commission of India issued an order to push the Registered Unrecognised Political Parties (RUPPs) for ensuring due compliances.

Background

• India has a multi-party system.
• The Election Commission of India (ECI) accords recognition to the national level and the state level political parties based upon objective criteria.
• A recognised political party enjoys privileges like a reserved party symbol, free broadcast time on state-run television and radio, consultation in the setting of election dates, and giving input in setting electoral rules and regulations.
• Other political parties that wish to contest local, state or national elections are required to be registered by the Election Commission of India.
• Registered Parties are upgraded as recognised National Party or State Party by the ECI if they meet the relevant criteria after a Lok Sabha or State legislative assembly election.
• The Recognised Party status is reviewed periodically by the ECI.

About the recent decisions

• Data: There are 2,796 RUPPs according to EC’s data till 2021, an increase of more than 300% since 2001.
• Removing parties: Few days before there was a decision to delete the 87 non-existent RUPPs.
  • Recently, the Commission decided to delete 111 additional RUPPs from the register.
• Non compliance: Address of communication was statutorily required as registration requirement under section 29A (4); any change in address was required to be communicated to the ECI under section 29A (9), which they have not complied with.
  • They have been violating the Representation of the People Act, 1951.

How are Political Parties registered?

• Political Parties registrations are governed by the provisions of the Representation of the People Act, 1951.
• According to the EC, any party seeking registration has to submit an application to the Commission within a period of 30 days.
  • Powers conferred by EC under Article 324 of the Constitution of India and Section 29A of the Representation of the People Act, 1951.
• Section 29A of RPA, 1951: Indian Citizen, Purpose of contesting elections, & 100 registered electors as its members. 
• There is no procedure available for the de-registration of dormant political parties.

Benefits of Political Party Registration

• It is not mandatory to register with the EC, however, registering has its own benefits like:
  • A registered political party can avail itself of the provisions of the Representation of the People Act, 1951, (relating to registration of political parties).
  • The candidates set up by a political party registered with the EC will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. 
  • More importantly, these registered political parties, over course of time, can get recognition as a ‘state party’ or a ‘national party’ subject to the fulfilment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968.
  • As per the rules, if a party is recognised as a ‘state party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the state in which it is so recognised. 
  • If a party is recognised as a ‘national party’ it is entitled to exclusive allotment of its reserved symbol to the candidates set up by it throughout India. 
  • In addition, recognised ‘state’ and ‘national’ parties:
    • need only one proposer for filing the nomination and 
    • are also entitled for two sets of electoral rolls free of cost and 
    • Broadcast/telecast facilities over state-owned Akashvani/Doordarshan during the general elections.
  • But no travel expenses for star campaigners.

Constitutional Provisions

• Its powers, appointment and duties are mentioned in Part XV of the Constitution (Article 324 to Article 329) and the Representation of People Act.
• Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
• Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on the ground of religion, race, caste or sex.
• Article 326: Elections to the Lok Sabha and Legislative Assemblies of States to be on the basis of adult suffrage.
• Article 327: Power of Parliament to make provision with respect to elections to legislature.
• Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature.
• Article 329: Bar to interference by courts in electoral matters.

Way Forward

• Seeking powers: The EC has for long been seeking powers to deregister political parties.
• The poll panel has also been seeking modification to Form 24A to mandate disclosure of all donations above Rs 2,000 instead of the current Rs 20,000.

Source: PIB