New Delhi, Sep 12 The Supreme Court on Friday agreed to examine a public interest litigation (PIL) seeking directions to the Election Commission of India (ECI) to frame rules for the registration and regulation of political parties, with the aim of promoting secularism, transparency, democracy, and political justice.
Issuing notice, a Bench of Justices Surya Kant and Joymalya Bagchi sought responses from the Union government, the ECI, and the Law Commission within four weeks.
Further, the Justice Kant-led Bench directed petitioner-in-person Ashwani Kumar Upadhyay to implead all national political parties recognised by the Election Commission as respondents in the matter.
The PIL also sought a direction to the Centre to take steps to curb the menace of corruption, casteism, linguism, regionalism, communalism, and criminalisation in politics.
In the alternative, the plea sought a direction to the Law Commission of India to study best practices from developed democracies and prepare a comprehensive report on the registration and regulation of political parties to help curb corruption and criminalisation in politics.
The PIL contended that the lack of a legal framework to regulate political parties has led to large-scale misuse.
"Around 90 per cent of political parties are formed to convert black money into white. They never contest elections but collect thousands of crores in cash and refund it to the donor by cheque after deducting 20 per cent commission," the petition stated.
It added that though political parties hold constitutional status and wield sweeping powers under the Tenth Schedule of the Constitution, there exists no comprehensive law to regulate them.
Citing recommendations by the Justice Jeevan Reddy-led Law Commission and the Justice Venkatachaliah-headed Constitution Review Commission, the PIL argued that successive governments have "failed" to act.
It highlighted the 2011 draft 'Political Parties (Registration and Regulation of Affairs) Bill' prepared by an expert committee headed by former CJI M.N. Venkatachaliah, but "never seriously considered".
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