Today, On 12th September, Supreme Court has sought a response from the Election Commission of India on a PIL concerning the registration and regulation of political parties. The plea highlights how some parties are allegedly converting black money into white through illegal channels.
New Delhi: The Supreme Court heard 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.
The petition aims to ensure secularism, transparency, and political justice in party functioning.
The bench, comprising Justices Surya Kant and Joymala Bagchi, heard the matter in court.
Advocate Ashwini Kumar Upadhyay, appearing for the petitioner, said,
“This is not an adversarial petition. May your lordships issue notice and tag parties.”
Justice Surya Kant responded,
“We will issue notice, but there’s an issue you haven’t impleaded political parties. They might argue that you want to regulate them without them being part of the petition.”
The court issued notice in the matter.
Justice Kant further observed,
“Meanwhile, all national political parties recognized by the ECI should be impleaded.”
A recent Public Interest Litigation (PIL) filed by advocate Ashwini Kumar Upadhyay. The petition seeks directions to the Election Commission of India (ECI) to frame rules for the registration and regulation of political parties, aiming to ensure secularism, transparency, and political justice.
The recent Income Tax raids conducted between July and August 2025 have brought to light the activities of fictitious political entities such as the Indian Social Party, Yuva Bharat Atma Nirbhar Dal, and National Sarva Samaj Party.
These parties have been implicated in converting black money into white through hawala transactions, involving amounts in the hundreds of crores.
According to the plea, these parties do not participate in elections but instead function as channels for laundering unaccounted funds. They reportedly collect cash donations and return them via cheque after deducting a commission.
The existence of such fraudulent political organizations poses a significant risk to democracy, as they appoint criminals and anti-social elements to leadership positions, misuse black money for personal gain, and receive undue protection from police and security forces, the plea contends.
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Moreover, the petitioner points out that even though political parties are recognized constitutionally under the Tenth Schedule and have statutory acknowledgment under Section 29A of the Representation of People Act, there is currently no comprehensive legislation to govern their internal operations, transparency, or accountability.
The plea emphasizes that political parties benefit from various state-conferred advantages, including tax exemptions under Section 13A of the Income Tax Act and free airtime on Doordarshan and All India Radio, yet they remain unregulated.
Case Title: ASHWINI KUMAR UPADHYAY V UNION OF INDIA AND ORS. W.P.(C) No. 850/2025