SC notice to Government, EC on plea to frame rules for registration, regulation of political parties

The Supreme Court on Monday (November 3, 2025) decided to examine a plea to direct the Election Commission of India to frame rules for the registration and regulation of political parties to ensure public transparency about their inner structure, officebearers and functioning.

A Bench headed by Justice Surya Kant issued notice to an application filed by advocate-petitioner A.K. Upadhyay, who said political parties function like a “public authority”.

“Political parties have been given statutory status under Section 29A of the Representation of the People Act, and they are required to bear true faith and allegiance to the Constitution. Parties give tickets to candidates and people vote on party symbols and, thus, they are important instrumentalities of the democratic governance and function like a public authority,” Mr. Upadhyay submitted.

The petitioner argued that the EC had a duty to de-register “shell” political parties that have proliferated, and debar convicted persons from forming political parties and becoming officebearers of registered political parties, the application said.

The plea said parties wield considerable powers, like “disqualifying legislators, bind legislators in their speeches and voting inside the house, decide what laws are made, decide whether a government remains in power and decide public policies that affect the lives of millions of people”.

Mr. Upadhyay urged the court to direct the EC to ensure that every political party followed their respective published memorandum, rules and regulations before placing compliance reports before the apex court.

“The powers of the EC under Article 324 [superintendence, direction and control of elections] operate in areas left unoccupied by legislation and are plenary in character,” the application quoted an apex court precedent to highlight that the EC could take on an executive character to safeguard purity and fairness in the electoral process.