THE SUPREME COURT ON FRIDAY sought responses from the Union government and the Election Commission of India (‘ECI’) on a public interest petition calling for the framing of the rules to govern the registration and functioning of political parties, aimed at curbing criminalisation, corruption and lack of transparency in politics.
A bench of Justices Surya Kant and Joymalya Bagchi issued notice and gave four weeks’ time for replies. The bench also directed petitioner Ashwini Upadhyay, an advocate, to make all recognised and registered political parties respondents in the case since any eventual directions would have a direct bearing on them.
The petition alleged that “bogus political outfits” were flourishing in the absence of regulation, some even controlled by separatist elements, who use them to collect donations and provide political cover to criminals. It accused certain parties of appointing kidnappers, drug traffickers and money launderers as office bearers after collecting hefty sums.
Citing a recent media report, the plea claimed that the Income Tax Department had unearthed a “fake” political party engaged in converting black money into legitimate funds.
Citing a recent media report, the plea claimed that the Income Tax Department had unearthed a “fake” political party engaged in converting black money into legitimate funds by charging 20 per cent commission.
The PIL contended that transparency and accountability are vital in the functioning of political parties since they perform a public duty, and therefore the ECI must step in with proper rules. It further prayed for a comprehensive legal framework from the Centre to ensure secularism, political justice and fair play in the democratic process.
As an alternative, the petition urged the court to ask the Law Commission of India to study global best practices and prepare a detailed report on regulating political parties in India, which, it argued, would pave the way for cleaner politics and strengthen democracy.