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A bench of Justices Surya Kant, Ujjwal Bhuyan and Joymalya Bagchi issued notice to the Center and the Election Commission (EC) on an application filed by lawyer Ashwini Kumar Upadhyay, saying, “Unless there are very strong constraints, we would like to issue some directions.”
The bench asked Upadhyay, who appeared in person, to remind the court about this on the next date of hearing.
The apex court also told Additional Solicitor General KM Nataraj, appearing for the Centre, that there were some “meaningful prayers” in the petition and asked him to take instructions from the Election Commission on the issues raised in the petition.
The interim application filed by Upadhyay in his pending PIL has sought direction to the Election Commission to ensure that every political party publishes its memorandum, rules and regulations on the home page of its official website and files compliance reports before the court.
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It also sought a direction to the Election Commission to ensure that every political party follows its memorandum, rules and regulations in accordance with the spirit of Section 29A of the Representation of the People Act and place the compliance report before the court.
On September 12, the top court agreed to consider a plea seeking direction to the Election Commission to frame rules for registration and regulation of political parties to promote secularism, transparency and political justice.
It had issued notices to the Centre, ECI and Law Commission of India on the petition filed by Upadhyay.
Upadhyay’s lead petition alleged that the “fake political parties” have not only posed a serious threat to democracy but also brought the country into disrepute by accepting huge sums of money from hardened criminals, kidnappers, drug smugglers and money launderers and appointing them as national and state office-bearers.
“There are no rules and regulations for political parties. Therefore, many separatists have formed their own political parties to collect funds. Some office-bearers of these parties have even been successful in getting police protection,” the petition said.
Citing recent media reports, the petition claims that the Income Tax Department has found a “fake” political party which was “laundering black money into white by deducting 20% commission”.
“Transparency and accountability in the functioning of political parties is essential in public interest as they perform public functions and, therefore, the ECI should frame rules and regulations for them,” the plea, filed through advocate Ashwini Kumar Dubey, said.
It said the apex court has initiated various reforms to bring transparency and honesty in public life.
“The move to regulate political parties within the framework of the Constitution will pave the way for stronger democratic functioning,” it said.
Alternatively, the petition seeks to direct 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 criminalization in politics.