A PIL in Supreme Court highlights unchecked proliferation of political parties, citing Rs 771 crore black money scam, and seeks strict ECI regulation to curb misuse and corruption.
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NEW DELHI: A Public Interest Litigation (PIL) has been filed in the Supreme Court of India under Article 32 of the Constitution, demanding urgent reforms in the way political parties are registered and regulated in the country. The plea, filed by Advocate Ashwini Kumar Upadhyay, urges the Election Commission of India (ECI) to frame comprehensive rules ensuring transparency, accountability, and internal democracy within political outfits.
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According to the petition, India is witnessing an unchecked proliferation of political parties, many of which exist only on paper and serve as conduits for money laundering, black money conversion, and criminal activities. Nearly 90% of registered political parties never contest elections, yet they continue to enjoy the privileges and immunities associated with political recognition.
The petitioner has pointed out that several office bearers of these so-called “bogus parties” have links to serious crimes including drug trafficking, land grabbing, kidnappings, contract killings, and even sexual offences. Despite such backgrounds, they project legitimacy by operating under the political banner, misusing police protection, and flaunting wealth through SUVs, hooters, and extravagant lifestyles.
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The plea relies on recent Income Tax raids as evidence:
- July 13, 2025: Raids on Indian Social Party and Yuva Bharat Atma Nirbhar Dal unearthed Rs 500 crore in black money, allegedly routed through hawala channels.
- August 12, 2025: Raids exposed National Sarva Samaj Party, which was allegedly engaged in converting black money into white. Officials recovered Rs 271 crore in unaccounted funds from office bearers.
Both incidents were reported by Dainik Bhaskar and annexed to the petition.
The petitioner argues that while companies, cooperatives, trusts, and religious institutions are bound by regulatory laws, political parties operate without a comprehensive legal framework. Current provisions under the Representation of the People Act (RPA) only require registration (Section 29A) and partial disclosure of donations (Section 29C).
However, there is no law governing internal democracy, transparent funding, leadership term limits, or penalties for violations. Despite this, parties enjoy indirect state financing, including:
- Free airtime on Doordarshan and All India Radio
- Tax exemptions under Section 13A of the Income Tax Act
- Subsidised accommodations
- Free copies of electoral rolls
“Despite being substantially funded by the State and performing crucial public functions, political parties escape accountability,”
the plea asserts.
Past Recommendations Ignored
The issue is not new. The Law Commission of India (Justice Jeevan Reddy panel) and the National Commission to Review the Working of the Constitution (Justice M.N. Venkatachaliah panel) had flagged the absence of a regulatory law decades ago. In fact, in 2011, a draft legislation titled The Political Parties (Registration and Regulation of Affairs) Bill was prepared under Justice Venkatachaliah’s leadership, with inputs from legal experts, journalists, and civil society groups. Yet, successive governments failed to act.
Political parties hold decisive constitutional power, from issuing whips under the Tenth Schedule, recommending disqualification of legislators, to influencing the election of the President, Vice President, and Chief Ministers. In effect, they control the entire law-making process.
The petitioner highlights that democracies across the world regulate parties through laws that mandate:
- Inner-party democracy
- Leadership term limits
- Transparent funding norms
- Strict penalties for violations
India, despite being the world’s largest democracy, continues to lack such safeguards.
What the PIL Seeks
The petition prays for two main directions from the Supreme Court:
- Election Commission of India (ECI): To frame binding rules ensuring transparency, accountability, and democratic functioning of political parties.
- Union Government: To legislate against criminalisation of politics and black money in party funding.
Case Title:
Ashwini Kumar Upadhyay v. Union of India & Ors.
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