ECI directs political parties to submit updated versions of their constitutions
The ECI directive came as the Supreme Court examines a plea seeking statutory regulation on how political parties are registered and run
The Election Commission of India (ECI) has directed national and state-recognised political parties to submit, within 30 days, updated versions of their constitutions, including amendments made so far. The directive came as the Supreme Court examines a plea seeking statutory regulation on how political parties are registered and run.
In a communication to the parties on Monday, the ECI said that when a political party registers under Section 29A of the Representation of the People Act, 1951, it has to submit its memorandum, rules, and regulations. The ECI added that constitutions form an essential part of these documents and must reflect the internal procedures adopted over time.
“As the party constitution is an important document containing vital information regarding the objectives of the party and procedures it must follow for functioning in a democratic manner, this information is required to be disseminated to all party members for compliance by them and for the public at large for their knowledge,” the ECI said.
The ECI asked parties to furnish copies of all amendments made since their last submission. These updated copies are maintained to verify compliance with statutory requirements and to ensure that the public has access to the rules under which parties operate.
The directive came against the backdrop of the Supreme Court case, Ashwini Kumar Upadhyay vs Union of India & Others, for a detailed regulatory framework governing political parties. Advocate Ashwini Kumar Upadhyay filed a Public Interest Litigation, asking the court to direct the ECI and the Union government to frame statutory rules for regulating party registration, internal structures, financial disclosures, transparency in decision-making, and mechanisms for accountability.
The petition argued that political parties play a central role in the electoral process but operate under minimal statutory regulation. It sought mandatory norms on internal elections, criteria for selecting office-bearers, transparent funding procedures, and publicly accessible disclosures on organisational changes and financial reporting.
In November, the court issued notices to the ECI and the Union government and described the issues raised in the petition as “very meaningful”. The court said it was prepared to “examine the matter thoroughly” and asked the respondents to file replies.
The ECI has maintained that its powers under Section 29A are limited to registration and do not extend to monitoring day-to-day functioning. It has periodically revised guidelines for recognition and compliance.
