New Delhi [India], August 31 (ANI): A Public Interest Litigation (PIL) has been filed in the Supreme Court under Article 32 of the Constitution, urging the Election Commission of India (ECI) to establish rules for the registration and regulation of political parties.
The petition highlights the pressing need to enhance transparency, uphold secularism, strengthen democratic values, and ensure political justice in the operations of political organisations throughout the country.
Filed by advocate and BJP leader Ashwini Upadhyay, the plea also calls upon the Union Government to implement effective measures aimed at curbing corruption, casteism, linguism, regionalism, communalism, and the growing criminalisation of politics.
The petition stems from a series of Income Tax raids that allegedly exposed large-scale financial misconduct by certain political outfits.
According to the petition, the cause of action began on July 13, 2025, when the Income Tax Department raided the offices of two registered political parties and reportedly uncovered ₹500 crore in black money.
These parties were allegedly created solely to launder unaccounted cash through hawala networks, returning donations via cheque after deducting a commission. A subsequent raid on August 12, 2025, revealed another fraudulent entity, which had allegedly converted ₹7,271 crore of black money into white.
The plea asserts that nearly 90 per cent of registered political parties do not participate in elections and instead function as vehicles for money laundering.
It claims that many of these entities appoint individuals with criminal backgrounds, such as kidnappers, smugglers, and land mafias, as office bearers in exchange for money, with some even receiving police protection.
Such practices, the petition argues, pose a grave threat to democracy and damage India’s international reputation.
It further alleges that party officials misuse black money to acquire luxury vehicles and flaunt their political status through VIP-style privileges.
In support of its case, the petition highlights the lack of a comprehensive legal framework to regulate political parties. It references recommendations made by the Law Commission of India under Justice Jeevan Reddy and the National Commission to Review the Working of the Constitution led by Justice MN Venkatachaliah.
A draft bill titled The Political Parties (Registration and Regulation of Affairs) Bill, 2011, was prepared by an expert committee chaired by Justice Venkatachaliah. Still, successive governments have failed to act on it.
The petition emphasises two core issues: the need for inner-party democracy, which would ensure fair elections of office bearers and candidate selection; and transparency in funding, including regulation of donations, prohibition of contributions from banned organisations, and penalties for non-compliance.
It states that while entities such as companies, cooperatives, charitable trusts, and religious organisations are subject to legal oversight, political parties–despite their constitutional importance–remain largely unregulated.
Political parties, the plea notes, wield significant constitutional powers under the Tenth Schedule, including the authority to disqualify legislators, influence legislative voting, and shape public policy.
They also benefit from indirect state financing through tax exemptions, free airtime on public broadcasters, subsidised accommodation, and access to electoral rolls. Yet, there is no binding law to ensure their accountability.
Given that political parties perform a public duty and exercise constitutional authority, the petition contends they must be held accountable to the people. It urges the Supreme Court to direct the ECI to formulate rules governing the registration and functioning of political parties. The matter is expected to be heard by the Supreme Court in the coming weeks. (ANI)
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