Overview
The Supreme Court has issued a notice on a PIL filed by Common Cause and the Centre for Public Interest Litigation. The petition seeks statutory limits on election expenditure by political parties, arguing that the current legal vacuum undermines free and fair elections.
Key Developments
- The bench comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi and Vipul M Pancholi passed the order to issue notice.
- Advocate Prashant Bhushan highlighted that while Representation of People Act caps spending for candidates, there is no ceiling for parties.
- The petition invokes Article 14 and Article 19(1)(a) to demand regulation.
- Reference was made to the Electoral Bonds case, where unregulated spending was flagged.
- Comparative examples, such as the UK’s Political Parties, Elections and Referendums Act, 2000, were cited to show feasibility of caps.
Important Facts
- Section 77(1) of the Representation of People Act and Rule 90 of the Conduct of Election Rules set strict limits for candidates only.
- Law Commission reports and expert committees have repeatedly recommended a ceiling on party expenditure, but no legislative action has followed.
- Unregulated party spending is alleged to cause “presidentialisation” of elections, shifting focus to individual leaders rather than party platforms.
- The petition seeks a judicial directive to enforce caps, ensuring parity of political opportunity and preserving the parliamentary character of Indian democracy.
Exam Relevance
The issue sits squarely within GS2: Polity – it touches upon constitutional rights, the functioning of the electoral system, and the role of the judiciary in safeguarding democratic processes. Understanding the legal framework (e.g., RPA, Article 14, Article 19(1)(a)) and comparative international practices is essential for answer writing in both prelims and mains.
For GS3: Economy, the Electoral Bonds episode illustrates the intersection of finance, political funding, and regulatory gaps.
Way Forward
- Legislature should amend the Representation of People Act to prescribe a uniform ceiling on party expenditure.
- Introduce a transparent audit mechanism for party accounts, possibly modelled on the UK’s system.
- Strengthen the role of the Election Commission as a monitoring and enforcement agency for party spending.
- Judicial oversight, as initiated by this notice, can catalyse legislative action and ensure compliance with constitutional guarantees.
By addressing the financial asymmetry in elections, India can move closer to the constitutional ideal of free and fair polls, thereby reinforcing the health of its parliamentary democracy.