The Supreme Court is set to review a critical petition on the regulation of political parties in India. The court, led by Justice Surya Kant, has issued a notice concerning an application filed by advocate A.K. Upadhyay, who contends that political parties, much like public authorities, should operate with greater transparency.
Upadhyay’s petition highlights that political parties hold statutory status under Section 29A of the Representation of the People Act, mandating their allegiance to the Constitution. Given their crucial role in democratic governance—from fielding candidates on party symbols to shaping public policy—they function as vital instruments of the public sphere.
The advocate emphasized the Election Commission’s responsibility to address the proliferation of ‘shell’ political parties, suggesting they be de-registered. Furthermore, the petition advocates for barring individuals with criminal convictions from forming or holding office in registered political parties.
Political parties, the plea asserts, wield significant influence: they can disqualify legislators, dictate their speeches and votes in legislative bodies, influence law-making, determine the stability of governments, and shape policies that impact millions.
To ensure accountability, Mr. Upadhyay urged the Supreme Court to direct the Election Commission to verify that all political parties strictly adhere to their publicly declared memorandums, rules, and regulations, submitting compliance reports to the highest court.
The application cited a Supreme Court precedent underscoring the Election Commission’s broad powers under Article 324, which grants it “superintendence, direction, and control of elections.” These powers, it argues, are extensive and allow the EC to act in an executive capacity to protect the integrity and fairness of the electoral process.