Making Parties Constitutional

Context: Almost in every democracy such as UK, US, and India, political parties witnessed extra-legal growth.

Political Parties: Political parties are the agents of democracy and safety valves in the political system

• Organised group of citizens who hold common views on governance
• Act as a political unit that seeks to obtain control of government to further certain agendas and policies
• Maintains a continuous link between the people and the representatives of govt or opposition

Challenges faced by Political Parties:

• Lack of in-Party Democracy: Due to high command Culture and no periodical in-party elections.
• Prominence of Caste or religious-based parties.
• Opaque and corrupt sources of finance
• Family fiefdoms in  parties.
• Lack of constitutional /statutory oversight: Only major statutory provision which deals with parties are Section 29A(5) of the Representation of the People Act, 1951 which demands parties to bear true faith and allegiance
  • To the Constitution of India as by law established, the principles of socialism, secularism and democracy,
  • And would uphold the sovereignty, unity & integrity of India.
• Neglect in Constitution: Right to form co-operative societies is a fundamental right under Article 19 (1)(c), but the right to form political parties is not.

Way Forward: “Constitutionalising political parties” and take few lessons from developed countries

• Germany: Article 21 of the Basic Law Germany (1949) gives constitutional status to political parties. deals with their status, rights, duties and functions.
• UK: Conservative Party has the National Conservative Convention as its top body with  Central Council and an Executive Committee
  • In its annual meeting Central Council elects its President, a Chairman and Vice Chairmen and Executive Committee which meets once a month.
• US: Both Democratic and the Republican Parties  have the National Committee as their top decision-making body that plays an important role in the presidential election and agenda-setting.