JOIN USThe Supreme Court should not accept or consider the Election Commission's plea to give it the power to deregister political parties. The commission, in an affidavit filed recently, had told the court that it did not have the power to deregister parties though it can register them. It finds this anomalous and thinks it should have the power, say, to prevent a convict from forming a political party or to prevent it from contesting elections. The idea might sound good in principle and may have an appeal when there is a bewildering proliferation of parties, some of which never contest elections. Some parties are floated for bargaining or influence-peddling or even as platforms for money-laundering. But political parties are the life-blood of democracy, and banning or deregistering them is an undemocratic idea. It is also not wise and advisable to give such a power to a body whose members are appointed by the government.
The Supreme Court may not even have the authority to confer this power on the Election Commission. Under the Representation of the People Act, 1951, there is no provision to deregister a party. The commission's powers are derived from Article 324 of the Constitution and its functions are "superintendence, direction and control'' of elections. It is doubtful if the power to deregister parties flows from these functions. The commission had told the Supreme Court in 1992 that it did not have the power to deregister parties and the court had confirmed this in a judgement. How can the Supreme Court give to the commission a power which it cannot claim under the Constitution or any law? The commission has told the court in its affidavit that it has written to the Union law ministry many times to consider amending the laws to give it the power to deregister parties. It has now approached the court because the ministry did not respond positively to its request.
The commission had last year sought contempt powers to deal with those who scandalise it and make "unfounded'' charges against it. Since there was no positive response to this, too, which was again unjustified and unwarranted, it has dropped that idea. It is not by asking for more powers and acquiring them that the commission can improve its standing and effectiveness. It would be wrong and even dangerous to give more powers to a commission which has by its own conduct at times opened itself to charges of being biased and partisan. The commission's conduct pertaining to the announcement of the recent Gujarat assembly elections and its subsequent actions, or the lack of them, in enforcing the model code of conduct is a case in point. The Election Commission should use its existing powers fairly and effectively before seeking more powers.