Supreme Court Issues Notice In Plea Seeking "Registration & Regulation of Political Parties" To Promote Secularism & Democracy

Today, the Supreme Court issued notice in PIL seeking direction to the Election Commission of India to frame Rules for 'Registration & Regulation of Political Parties' in order to promote secularism, transparency, democracy & political justice.

The Petition, filed by Advocate Ashwini Kumar Upadhyay, also sought direction to the Centre to take steps to reduce the menace of corruption, casteism, linguism, regionalism, communalism & criminalization in politics.

The Bench of Justice Surya Kant and Justice Joymalya Bagchi was hearing the matter and issued notice.

Upadhyay submitted that the petition was not adversarial in nature. However, Justice Kant raised the concern that certain problems may arise with regard to representation as political parties were not impleaded as parties in the petition.

“They will say that you are asking something to regulate them and they are not here…Why don’t you implead them?”, Justice Kant remarked.

Thereafter, the Bench issued notice and asked Upadhyay to implead the national political parties recognised by the ECI to prevent the future litigations on the ground that such political parties were not heard.

Background

Apart from seeking direction to the Election Commission to frame Rules for 'Registration & Regulation of Political Parties' , the Petition highlighted that in July 2025, Income Tax raids offices of 02 political parties namely 'Indian Social Party' and 'Yuva Bharat Atma Nirbhar Dal' and found the details of 500 crore black money. In August, 2025, Income Tax Department found another fake Political Party namely 'National Sarva Samaj Party'; which was converting black 111oney into white money by deducting 20% comm1ss1on. The Income Tax department raided the house of its office bearers and found that the party had collected 271 crores.

The Petition contended that 90% political parties were formed to convert black money into white. They never contest elections but collect thousands of crores in cash and refund it to the donator by cheque after deducting 20% commission. The Petition also highlighted the issue of transparency and accountability in funding of political parties and elections.

“Within our own country, nearly all forms of organized activity are regulated by proper laws. These include companies, cooperatives, Banks, Charitable, Trusts, Societies; Educational Institutions, Medical Institutions, religious trusts, temples, mosques, churches, Gurdwaras and so on. However, the word “political party" is rarely used in the Constitution, and there is no comprehensive law for political parties”, the Petition stated.

Following prayers were sought through the Petition:

1. Direct the Election Commission to frame Rules for 'Registration and Regulation of Political Parties' in order to ensure that every political party shall bear true faith and allegiance to the Constitution and to the principles of secularism, transparency and democracy, and would uphold the sovereignty, unity and Integrity of India, by using its inherent plenary power under Article 324 of the Constitution;

2. Direct tire Centre to review the BUI and take appropriate steps to reduce the menace of Corruption, Casteism, Communalism, Criminalization, Linguism and Regionalism in politics.

3. Alternatively, direct the Law Commission of India to examine the best practices of the developed democratic countries and prepare a Comprehensive Report on 'Registration and Regulation of Political Parties to reduce Corruption and Criminalization in politics.

Cause Title: Ashwini Kumar Upadhyay V. UOI & Ors (W.P.(C) No. 850/2025PIL-W)