NEW DELHI: The Supreme Court on Monday issued notice to the Union of India (UOI) Election Commission of India (ECI), and Law Commission of India (LCI) on a plea seeking direction to ensure that every political party publishes its memorandum, rules and regulations on home page of its official website.
Justice Surya Kant and Justice Joymalya Bagchi sought replies from the respondents, and fixed the matter for further hearing once the responses are filed.
The plea was filed by lawyer and BJP leader, Ashwini Kumar Upadhyay, who told TNIE it was a good development from the top court on this matter.
The petitioner also sought a direction to the EC to ensure that every political party follows its memorandum, rules and regulations in letter and spirit of the Section 29A of the RPA and place a compliance report before the court.
"Direct the EC to use its plenary power to issue appropriate Order(s) or Direction(s), to ensure compliance of Section 29B and Section 29C and place the Compliance Report before the Court," said the plea of Upadhyay.
The petitioner filed a fresh plea while a PIL was already pending, seeking direction to frame rules for registration and regulation of political parties, in order to ensure secularism, transparency, and political justice.
As per Article 102 (2) of the Constitution, a person can be disqualified from being a member of either House of Parliament under the 10th Schedule of the Constitution and that a similar provision exists for the State Legislators under Article 191(2) of the Constitution.
Furthermore, as per Article 102(2) of the Constitution, if a member of a House belonging to a Political Party vote or abstains from voting in the House contrary to the directions issued by the Political Party, he is liable to be disqualified from being a Member of the House, the plea said.
"The Political Parties have been given statutory status under Section 29A of the RPA and they are required to bear true faith and allegiance to the Constitution as by law established. Political Parties give tickets to candidates and people vote on party symbols and, thus, the Political Parties are important instrumentalities of the democratic governance and function like a Public Authority," it added.
Upadhyay further stated that political Parties are substantially financed by the State in multiple ways and are exempted from Income Tax.
"They have been claiming tax exemption under Section 13A of the Income Tax Act. State has been indirectly financing various Political Parties by way of free airtime on All India Radio. In addition, State spends huge amounts on Political Parties to provide free air time on Doordarshan," said the plea.
