SC agrees to examine plea asking EC to frame rules for regulation of political parties

New Delhi | The Supreme Court on Friday agreed to examine a plea seeking a direction to the Election Commission of India (ECI) to frame rules for registration and regulation of political parties to promote secularism, transparency and political justice.

A bench of Justices Surya Kant and Joymalya Bagchi issued notice to the Centre, ECI and the Law Commission of India on a plea filed by petitioner in-person Ashwini Kumar Upadhyay.

Justice Kant while inclined to issue notice, pointed out no political party was impleaded in the petition.

“They will say that you're asking something to regulate them and they were not here,” the bench told Upadhyay and asked him to implead all the national parties registered with the poll panel.

Upadhyay's plea alleged "bogus political parties" not only posed a serious threat to democracy but also maligned the country by appointing hardcore criminals, kidnappers, drug smugglers and money launderers as national and state office bearers after taking huge amounts of money from them.

"There are no rules and regulations for political parties. Therefore, many separatists have formed their political party to collect donations. Some office bearers of these parties have succeeded in getting police protection also," the plea said.

Referring to a recent media report, the plea claimed the income tax department found a "fake" political party that was "converting black money into white by deducting 20 per cent commission".

"Transparency and accountability in the working of political parties are essential in public interest as they perform public function and, therefore, ECI must frame rules and regulations for them," the plea, filed through lawyer Ashwani Kumar Dubey, said.

It said the apex court has initiated various reforms to bring transparency and probity in public life.

'The move to regulate political parties within the ambit of the Constitution would pave the way for robust democratic functioning," it said.

Alternatively, the plea sought a direction to the Law Commission of India to examine the best practices of developed democratic countries and prepare a comprehensive report on registration and regulation of political parties to reduce corruption and criminalisation in politics.