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Source: Twitter

Context

The Election Commission of India (ECI) has taken steps to de-list 345 Registered Unrecognised Political Parties (RUPPs) that have not contested elections in the previous six years.

Overview of RUPPs

• Registered Unrecognised Political Parties (RUPPs) are political organisations registered under Section 29A of the Representation of the People Act, 1951.
  
  
• They are not recognised as National or State Parties due to insufficient vote share or electoral performance.

Key Benefits Enjoyed by RUPPs

• Tax exemption under Section 13A of the Income Tax Act, 1961.
  
  
• Eligibility for common poll symbols during elections (not reserved symbols).
  
  
• Permission to nominate up to 20 star campaigners for election canvassing.

Limitations Faced by RUPPs

Unlike recognised parties, RUPPs do not enjoy:

• Reserved election symbols.
  
  
• Free electoral rolls.
  
  
• Broadcast/telecast slots on Doordarshan or Akashvani.
  
  
• Subsidized land or office space.
  
  
• Provision to nominate up to 40 star campaigners (they are limited to 20).
  
  

Compliance Requirements

RUPPs are mandated to:

• Contest elections periodically.
  
  
• File annual audit accounts and contribution reports.
  
  
• Disclose donations exceeding ₹20,000.
  
  
• Ensure donations above ₹2,000 are not accepted in cash.
  
  

Issues with the existing framework

• As of May 2025, India had over 2,800 RUPPs, but only 750 ran in the 2024 General Election.
• Many of these have devolved into "letter pad parties," which exist solely on paper and engage in no real political activity.
• The Supreme Court ruled in Indian National Congress versus Institute of Social Welfare & Ors, 2002 that the ECI can delist a party but not deregister it unless there are exceptional circumstances, such as fraudulent registration.
• The party was declared unlawful by the Central Government after losing allegiance to the Constitution.
• Inactive RUPPs are using Income Tax Act provisions to launder money or evade taxes.
• Many parties fail to provide donor or expenditure information while continuing to receive tax benefits.
• Most parties do not hold regular internal elections or follow democratic norms, which undermines the spirit of participatory governance.

Reasons Behind Delisting of 345 RUPPs

• The Election Commission of India (ECI) has initiated the delisting of 345 Registered Unrecognised Political Parties (RUPPs).
  
  
• Reasons include:
  
  
• No electoral participation in the last six years.
  
  
• No physical office at the registered address.
  
  
• Failure to comply with statutory filings, including financial disclosures.
  
  
• Part of a broader clean-up drive started in 2022, targeting non-functional parties.
  
  
• Since 2022:
  
  
• 284 RUPPs have already been delisted.
  
  
• 253 have been declared inactive.
  

Current Action Plan

• Chief Electoral Officers (CEOs) of States/UTs tasked to issue show-cause notices.
  
  
• Final delisting decisions will be based on CEO recommendations.
  
  
• The move gains significance ahead of upcoming elections.
  
  

Legal Framework & Loopholes

• Article 19(1)(c) guarantees the right to form political associations.
  
  
• Section 29A of the Representation of People Act, 1951 governs party registration.
  
  
• However, the ECI lacks power to de-register parties, except for fraud or anti-constitutional activities.
  
  
• The Supreme Court, in Indian National Congress vs Institute of Social Welfare (2002), upheld this interpretation.
  
  
• Hence, the ECI can only delist or declare parties inactive, affecting their privileges, not legal status.
  
  

Registered Political Parties: Legal and Electoral Framework

• Legal Basis: Under Section 29A of the Representation of the People Act, 1951, political parties must register with the Election Commission of India (ECI).
  
  
• Conditions for Registration:
  
  
• Submit party memorandum/constitution within 30 days of formation.
  
  
• Document must affirm allegiance to the Constitution, socialism, secularism, democracy, sovereignty, unity, and integrity of India.
  
  
• ECI promotes internal democracy, e.g., periodic elections of party office bearers.
  
  
• Post-Registration: Such parties are termed Registered Unrecognised Political Parties (RUPPs).

Recognition Criteria

• State Party:
  
  
• 6% votes + 2 MLAs in Assembly elections, OR
  
  
• 6% votes + 1 MP in Lok Sabha from that state, OR
  
  
• 3% or 3 seats in State Assembly, OR
  
  
• 1 MP per 25 Lok Sabha seats from the state, OR
  
  
• 8% valid votes in Assembly or LS polls.
  
  
• National Party:
  
  
• Recognised as a state party in 4+ states, OR
  
  
• 6% votes in 4+ states + 4 Lok Sabha seats, OR
  
  
• 2% Lok Sabha seats from 3+ states.

Current Issues & Legal Gaps

• 2,800+ RUPPs, only ~750 contested in 2024 elections.
  
  
• Rise of ‘Letter Pad’ parties – exist only on paper.
  
  
• Tax misuse: Exploitation of Section 13A of IT Act.
  
  
• Lack of internal democracy and financial transparency.
  
  
• ECI lacks power to de-register, as per SC (2002) ruling.
  
  
• RP Act does not allow de-registration for:
  
  
• Not contesting elections
  
  
• No inner-party elections
  
  
• No financial reports

Way Forward

• The Law Commission recommended introducing statutory criteria for de-registration in its 170th and 255th reports (1999 and 2015, respectively).
• Allow de-registration for failure to contest elections for ten consecutive years.
• Mandate internal democracy within political parties.
• In its 2016 memorandum for electoral reforms, the ECI suggested amending the RP Act, 1951 to give the ECI explicit power to deregister parties.
• Penalize noncompliance with transparency norms.
• Deny tax breaks and common symbols to defaulting RUPPs.

Practice Question: Q. The delisting of hundreds of Registered Unrecognized Political Parties (RUPPs) by the Election Commission of India has sparked debates on electoral reforms. Consider the purpose and challenges of this exercise.