Deregistration of Political Parties

Deregistration means removal of a political party from the register maintained by the Election Commission of India under Section 29A of the Representation of the People Act, 1951. The Supreme Court has held that the Commission has no general power to deregister a party, but may do so in narrowly defined exceptional circumstances.

Settled Supreme Court rule

In Indian National Congress (I) v. Institute of Social Welfare, 2002, the Supreme Court held that registration under Section 29A is a quasi-judicial act. Since the Act neither confers a general power of deregistration nor a power to review registration, the Election Commission cannot cancel registration merely for subsequent misconduct or breach of statutory undertakings.

Exceptional grounds for deregistration

• The Commission may deregister a party when its registration was obtained by fraud or forgery, because fraud vitiates the original order.
• It may act when the party changes its constitution, nomenclature, rules or regulations so that it no longer conforms to Section 29A(5), which requires allegiance to the Constitution and commitment to socialism, secularism, democracy, and India's sovereignty, unity and integrity.
• It may deregister a party when the Union government declares it unlawful under the Unlawful Activities (Prevention) Act, 1967, or a similar law.

Registration and recognition distinguished

Deregistration under the Representation of the People Act, 1951 is distinct from withdrawal or suspension of recognition under the Election Symbols (Reservation and Allotment) Order, 1968. The Commission's powers concerning recognition and election symbols do not create a general statutory power to erase a party's registration.