Lok Sabha Question No. 630 (UNSTARRED), answered on 2022-02-04
Subject: De-recognition of Political Parties
Ministry: LAW AND JUSTICE
Asked by: Gopal Chinayya Shetty

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK SABHA UNSTARRED QUESTION NO. 630

## TO BE ANSWERED ON FRIDAY, 04 th   FEBRUARY, 2022

## DE-RECOGNITION OF POLITICAL PARTIES

630.  SHRI GOPAL CHINNAYA SHETTY:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  whether  the  Government  has  taken  note  of  the  fact  that  many political  parties  make  populist  promises  to  the  public  in  their  election manifestos  and  do  not  fulfill  them  after  winning  elections,  if  so,  the details thereof;
- (b) whether the Government has taken or proposes to take any step so far  to  derecognize  such  political  parties  who  make  false  and  populist promises to voters during election; and
- (c) if so, the details thereof?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

- (a)  :  No Sir.  There is no provision in the election laws to monitor promises by the Political Parties.
- (b)   and  (c):      The  Election  Commission  of  India  (ECI)  has  informed  that there is no such proposal under its consideration.  However, the Supreme Court  in  its  judgement/order  dated  the  05 th July,  2013  in  SLP  (C)  No. 21455 of 2008 had inter alia directed the Election Commission of India to

frame guidelines on election manifesto to be included as part of the Model Code of Conduct with the observation that 'the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free and fair elections to a large degree'.

Having due regard to the above directions of the Supreme Court and after consultation with the Political Parties, the ECI in the interest of free and fair election, included Part VIII in the Model Code of Conduct, which provided  that  Political  Parties  and  Candidates  while  releasing  election manifestos for any election to the Parliament or State Legislatures, shall adhere to the following guidelines:

- (i) The  election  manifesto  shall  not  contain  anything  repugnant  to  the ideals and principals enshrined in the Constitution and further that it shall  be  consistent  with  the  letter  and  spirit  of  Model  Code  of Conduct.
- (ii) The Directive Principals of State Policy enshrined in the Constitution enjoin  upon  the  State  to  frame  various  welfare  measures  for  the Citizens and therefore, there can be no objection to the promise of such welfare  measures  in  election  manifestos.    However,  Political Parties  should  avoid  making  those  promises,  which  are  likely  to vitiate the purity of the election process or exert undue influence on the voters in exercising their franchise.
- (iii) In  the  interest  of  transparency,  level  playing  field  and  credibility  of the promises, it is expected that manifestos also reflect the rationale for the promises and broadly indicate the ways and means to meet the  financial  requirement  for  it.    Trust  of  voters  should  be  sought only on those promises which are possible to be fulfilled.

*******