Question 1

The Election Commission has absolute statutory power to deregister a political party if it fails to contest elections.

Accepted Answer

Under Section 29A of the RPA 1951, the ECI registers parties but lacks express statutory power to deregister them for inactivity. 'Delisting' is an administrative workaround enforcing registration guidelines.

Question 2

Delisted political parties are banned from existing or functioning in India.

Accepted Answer

Delisting only removes their electoral privileges under the RPA and tax benefits under the Income Tax Act. They legally survive as normal associations under Article 19(1)(c).

Question 3

Consider the following statements regarding Registered Unrecognized Political Parties (RUPPs) and the Election Commission of India (ECI):
1. The Representation of the People Act, 1951 explicitly grants the ECI the statutory power to deregister a political party if it fails to contest elections for six consecutive years.
2. Delisted RUPPs are immediately banned from operating as an association under Article 19(1)(c) of the Constitution of India.
3. The Supreme Court in the Institute of Social Welfare case (2002) ruled that the ECI can only deregister a party under limited exceptions, such as registration obtained by fraud.
How many of the statements given above are correct?

Accepted Answer

(a) Only one — Statement 1 is incorrect because the Representation of the People Act, 1951 does NOT explicitly grant the ECI the power to deregister parties; the ECI uses administrative guidelines to 'delist' them. Statement 2 is incorrect because delisting only removes electoral and tax privileges, not the fundamental right to form an association. Statement 3 is correct; the Supreme Court established very narrow grounds for deregistration (like fraud or constitutional violation) in the 2002 judgment. Therefore, only statement 3 is correct.

Question 4

Match the legal/institutional provisions (List I) with their specific impact on Political Parties (List II):
List I
1. Section 29A of the RPA, 1951
2. Section 13A of the Income Tax Act
3. Paragraph 10B of Election Symbols Order, 1968
4. 255th Report of the Law Commission

List II
A. Recommended empowering the ECI to deregister parties failing to contest elections for 10 years
B. Grants 100% tax exemption on voluntary contributions to registered parties
C. Mandates an oath of allegiance to Socialism, Secularism, and Democracy for registration
D. Allows RUPPs to get a common symbol for their candidates

Select the correct code:

Accepted Answer

(a) 1-C, 2-B, 3-D, 4-A — Section 29A of the RPA, 1951 deals with registration and requires adherence to constitutional principles (C). Section 13A of the IT Act provides tax exemptions to these registered entities (B). The Election Symbols Order (Para 10B) provides a mechanism for common symbols for RUPPs (D). The 255th Law Commission Report explicitly recommended giving the ECI statutory deregistration powers to clean up inactive parties (A).

Question 5

Assertion (A): The Election Commission of India utilizes the administrative mechanism of 'delisting' inactive political parties rather than formally 'deregistering' them under the Representation of the People Act, 1951.
Reason (R): The Supreme Court has ruled that the ECI acts as a quasi-judicial body while registering political parties and lacks general express statutory power to deregister them for mere non-participation in elections.
Select the correct answer:

Accepted Answer

(a) Both A and R are true and R is the correct explanation of A — Assertion (A) is true; the ECI resorts to 'delisting' inactive RUPPs to strip them of privileges without technically deregistering them. Reason (R) is true and perfectly explains (A). Because of the Supreme Court's ruling in the Institute of Social Welfare case (2002), the ECI realized it lacked the express statutory power to deregister parties simply for failing to contest elections. Thus, the ECI found an administrative workaround by 'delisting' them based on a breach of its registration guidelines.

ECI Orders Delisting of Dormant RUPPs

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