ECI has been given power to register and deregister any political party or entity, then why it only register but can't deregister? (know that it can register under section 29A of ROPA act, 1951)
Answers
Explanation:
The Election Commission of India (ECI) in an affidavit to the Supreme Court has said it must be empowered to deregister a political party if it violates provisions of the Constitution.
The poll panel’s affidavit on Friday was in response to a public interest litigation (PIL) that seeks to bar politicians convicted for a crime from forming a political party.
The EC has not expressed support to the plea of advocate Ashwani Upadhyaya, but has referred to various measures it has initiated in the past to decriminalize Indian politics. However, it agreed with the petitioner’s concern that “inner party democracy” is “absolutely essential” for the country, for which ECI can frame suitable guidelines only if the law is amended to empower the poll panel.
Upadhyaya’s petition raises the question as to why a convicted politician, disqualified from contesting elections, should be allowed to form a party by taking advantage of the loophole existing in the legal regime. He sought a direction to the ECI to deregister such parties