It will ensure democracy in the party, make them transparent and free them from communalism
A political party is an organized group of citizens who have a common view on governance and act as a political entity that seeks to gain control of the government so that they can advance agenda and policy. They are the indispensable link between the representative apparatus of the people and the government. Political parties maintain an ongoing relationship between the people and those who represent them in government or opposition.
Illegal development of political parties takes place in almost every democratic country. The US Constitution does not recognize the existence of political parties. Even in Britain, political parties are still unaware of the law. However, Sir Ivor Jennings, in british constitution, He said that “a realistic survey of the British constitution should begin and end with the parties today and discuss them in detail in between”. Similarly, political parties in India are extra-constitutional, but they are the breathing air of the political system.
german model
The Basic Law (1949) of the Federal Republic of Germany gives constitutional status to political parties. Article 21 of the Basic Law deals with their status, rights, duties and functions. It provides: “(1) Political parties shall participate in the formation of the political will of the people. They may be established freely. Their internal organization must be in conformity with democratic principles. must be publicly responsible for the use.(2) Parties which, because of their motives or the behavior of their followers, seek to undermine or destroy the free democratic basic system or endanger the existence of the Federal Republic of Germany shall be unconstitutional … (4) The Federal Constitutional Court shall rule on the question of unconstitutionality … (5) The particulars shall be regulated by federal laws.” The German model of constitutionalizing political parties is more desirable for India than the US and UK models. Section 29A(5) of the Representation of the People Act, 1951 is the only major statutory provision relating to political parties in India. It mandates that a political party shall have true faith and allegiance to the Constitution of India established by law and the principles of socialism, secularism and democracy and shall uphold the sovereignty, unity and integrity of India.
Political parties in developed countries maintain high levels of internal democracy. In the UK, the Conservative Party has the National Conservative Conference as its apex body. It has a Central Council and an Executive Committee. The Central Council at its annual meeting elects its President, a President and a Vice-Chairman. It also elects an Executive Committee which meets once a month. In the US, both the Democratic and Republican parties have a National Committee as their top decision-making body. The National Committee plays an important role in presidential elections and agenda setting.
The Indian Constitution is one of the longest constitutions in the world. It also deals extensively with cooperatives. The right to form co-operative societies is a fundamental right under Article 19(1)(c), but the right to form a political party is not. It is astonishing that such a meticulous constitution ignored political parties, important players in the political system, for constitutional regulation. Most parties are openly caste- or religious-based. His finances are questionable and opaque. Almost all the parties – Rashtriya Janata Dal, Samajwadi Party, All India Majlis-e-Ittehadul Muslimeen, Indian Union Muslim League, etc. – are family fiefdoms. The Congress high command is just a euphemism for the Gandhi family. There are no periodic party elections in Indian parties except a few such as the CPI(M).
Political parties are agents of democracy and safety valves in the political system. They are in dire need of improvement. Therefore, the time has come to make political parties constitutional to ensure democracy in the party, provide transparency in their finances and communalise them.
Faisal CK is the Under Secretary (Law) to the Government of Kerala.
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