SC issues notice on plea to mandate political parties to publish memorandum, rules on websites

New Delhi, Nov 3 The Supreme Court on Monday issued a notice on a plea seeking directions to the Election Commission of India (ECI) to ensure that every registered political party publishes its Memorandum, Rules, and Regulations on the home page of its official website.

The application was filed by advocate Ashwini Kumar Upadhyay in the Public Interest Litigation (PIL) seeking direction to the poll body to frame and enforce rules for the registration and regulation of political parties, aimed at promoting "secularism, transparency, democracy, and political justice".

"Political parties are important instrumentalities of democratic governance and function like public authorities," the petition stated, adding that they "hold constitutional status and wield constitutional powers" under the Tenth Schedule of the Constitution.

The application submitted that political parties are "substantially financed by the State in multiple ways" — through tax exemptions, free airtime on public broadcasters like Doordarshan and All India Radio, and the allotment of government accommodation at concessional rates — but remain "unregulated in their functioning".

"Entire governance system revolves around the political parties. They are continuously engaged in the performance of public duty, and it is, therefore, important that they become accountable to the public," the plea said.

It stressed the need for transparency and accountability in the functioning of political parties, since the same is essential in the public interest, as they perform a public function.

Referring to Section 29A of the Representation of the People Act, 1951, which governs the registration of political parties, the plea argued that the ECI is empowered and duty-bound to ensure that parties adhere to their stated constitutions and the constitutional principles of socialism, secularism, and democracy.

"It is the duty of the ECI to deregister shell political parties and debar convicted persons from forming political parties or becoming office-bearers," the application contended.

"In a series of decisions, this Hon’ble Court has directed the ECI to ensure transparency in electoral processes and regulate practices affecting free and fair elections. Therefore, the same principle should apply to the internal functioning of political parties," it added.

The application sought direction to mandate the publication of every political party’s constitution, rules, and regulations on its official website’s homepage, followed by ensuring compliance with the provisions governing their registration, funding, and internal functioning.

"Every political party must follow its Memorandum, Rules and Regulations in letter and spirit," the plea said, stressing that such transparency is "vital to preserve the purity of elections and ensure political accountability".

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