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Consider the following:
1. Removal by the Election Commission of India (ECI)
2. Obtaining registration by fraud
3. Declared illegal by the Central Government
Which of the conditions mentioned above is/are appropriate to de-register a political party?
- a)1 and 2 only
- b)2 only
- c)2 and 3 only
- d)1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
Consider the following:1. Removal by the Election Commission of India ...
Power of Deregistration:
- The Election Commission of India (ECI) is not empowered to de-register political parties on the grounds of violating the Constitution or breaching the undertaking given to it at the time of registration.
- ECI has the power to register parties under the Representation of the People Act,(RPA) 1951, but it does not have the power to deregister parties that are inactive.
- A party can only be de-registered if its registration was obtained by fraud; if it is declared illegal by the Central Government; or if a party amends its internal Constitution and notifies the ECI that it can no longer abide by the Indian Constitution.
- Hence, option C is correct.
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Consider the following:1. Removal by the Election Commission of India ...
The appropriate conditions to de-register a political party are obtaining registration by fraud and being declared illegal by the Central Government.
1. Removal by the Election Commission of India (ECI):
- The Election Commission of India (ECI) is responsible for conducting free and fair elections in the country. It has the power to register and recognize political parties.
- However, removal by the ECI alone is not sufficient to de-register a political party. The ECI may remove a political party from its list of recognized parties for various reasons, such as non-compliance with the rules and regulations or failure to fulfill the criteria for registration. Removal by the ECI does not necessarily mean that the party loses its legal status.
2. Obtaining registration by fraud:
- This condition refers to a scenario where a political party has obtained registration by fraudulent means. It means that the party has provided false information or manipulated the registration process in order to gain recognition as a political party.
- If a political party is found to have obtained registration by fraud, it is appropriate to de-register the party as it has violated the principles of transparency and integrity in the political system.
3. Declared illegal by the Central Government:
- The Central Government has the authority to declare a political party as illegal if the party engages in activities that are detrimental to the sovereignty, integrity, or security of the nation.
- This condition is appropriate for de-registering a political party as it signifies that the party has crossed legal boundaries and poses a threat to the functioning of the democratic system.
In conclusion, the appropriate conditions to de-register a political party are obtaining registration by fraud and being declared illegal by the Central Government. The removal by the Election Commission of India alone is not sufficient for de-registration.
1. Removal by the Election Commission of India (ECI):
- The Election Commission of India (ECI) is responsible for conducting free and fair elections in the country. It has the power to register and recognize political parties.
- However, removal by the ECI alone is not sufficient to de-register a political party. The ECI may remove a political party from its list of recognized parties for various reasons, such as non-compliance with the rules and regulations or failure to fulfill the criteria for registration. Removal by the ECI does not necessarily mean that the party loses its legal status.
2. Obtaining registration by fraud:
- This condition refers to a scenario where a political party has obtained registration by fraudulent means. It means that the party has provided false information or manipulated the registration process in order to gain recognition as a political party.
- If a political party is found to have obtained registration by fraud, it is appropriate to de-register the party as it has violated the principles of transparency and integrity in the political system.
3. Declared illegal by the Central Government:
- The Central Government has the authority to declare a political party as illegal if the party engages in activities that are detrimental to the sovereignty, integrity, or security of the nation.
- This condition is appropriate for de-registering a political party as it signifies that the party has crossed legal boundaries and poses a threat to the functioning of the democratic system.
In conclusion, the appropriate conditions to de-register a political party are obtaining registration by fraud and being declared illegal by the Central Government. The removal by the Election Commission of India alone is not sufficient for de-registration.
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Consider the following:1. Removal by the Election Commission of India (ECI)2. Obtaining registration by fraud3. Declared illegal by the Central GovernmentWhich of the conditions mentioned above is/are appropriate to de-register a political party?a)1 and 2 onlyb)2 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?
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