SC to examine plea for political parties publishing their memorandum, rules on their websites
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New Delhi (PTI): The Supreme Court said on Monday it will issue certain directions following a plea urging the Election Commission to ensure that every political party publishes its memorandum, rules and regulations on its website.
A bench of Justices Surya Kant, Ujjal Bhuyan and Joymalya Bagchi, which issued notice to the Centre and the Election Commission (EC) on an application filed by advocate Ashwini Kumar Upadhyay, said, “Unless there are very strong impediments, we would like to issue certain directions”.
The bench asked Upadhyay, who appeared in-person, to remind the court about it on the next date of hearing.
The top court also told Additional Solicitor General KM Nataraj, appearing for the Centre, that the petition has some “meaningful prayers” and asked him to seek instructions from the EC on the issues raised in the plea.
The interlocutory application filed by Upadhyay on his pending PIL sought direction to the poll panel to ensure that every political party publishes its memorandum, rules and regulations on the home page of its official website and place the compliance report before the court.
It also sought a direction to the EC to ensure that every political party follows its memorandum, rules and regulations in letter and spirit of Section 29A of the Representation of the People Act and place compliance reports before the court.
On September 12, the top court agreed to examine the plea seeking a direction to the poll panel to frame rules for registration and regulation of political parties to promote secularism, transparency and political justice.
It had issued notice to the Centre, ECI and the Law Commission of India on a plea filed by Upadhyay.
Upadhyay's main plea alleged that "bogus political parties" not only posed a serious threat to democracy but also maligned the country by appointing hardcore criminals, kidnappers, drug smugglers and money launderers as national and state office bearers after taking huge amounts of money from them.
"There are no rules and regulations for political parties. Therefore, many separatists have formed their political party to collect donations. Some office bearers of these parties have succeeded in getting police protection also," the plea said.
Referring to a recent media report, the plea has claimed the income tax department found a "fake" political party that was "converting black money into white by deducting 20 per cent commission".
"Transparency and accountability in the working of political parties are essential in public interest as they perform public function and, therefore, ECI must frame rules and regulations for them," the plea, filed through lawyer Ashwani Kumar Dubey, said.
It has said the apex court has initiated various reforms to bring transparency and probity in public life.
''The move to regulate political parties within the ambit of the Constitution would pave the way for robust democratic functioning," it has said.
Alternatively, the plea sought a direction to the Law Commission of India to examine the best practices of developed democratic countries and prepare a comprehensive report on registration and regulation of political parties to reduce corruption and criminalisation in politics.
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SC to hear plea on air pollution crisis in Delhi-NCR on Dec 17
New Delhi (PTI): The Supreme Court on Monday said it will list for hearing on December 17 a plea related to worsening air pollution levels in Delhi-NCR.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pamcholi took note of the submissions of senior advocate Aprajita Singh, who is assisting it as an amicus curiae, that though the preventive measures are there in place but the key issue was of their poor implementation by the authorities.
Singh said till this court directs something, the authorities do not comply with the protocols which are already there.
“This is coming up before a three judges bench on Wednesday. It will come up,” the CJI said.
Another lawyer referred to an application relating to the health issue of children, and said schools, despite the earlier orders, are holding outdoor sports activities.
“Despite the order of this court, Schools have found ways and means to have these sporting activities.. it is taking place. The CAQM (Commission for Air Quality Management) is again citing the order of this court,” the amicus also said.
“We know the problem and let us pass orders which can be complied with. There are some directions which can be forcibly imposed. In these urban metropolitan cities people have their own lifestyle. But the poor…,” the CJI said.
The amicus said the poor labourers are the worst ones to suffer.
Earlier the bench had said the plea against air pollution cannot be treated as a "customary" case to be listed only during the winter months only.
It had said the case will be taken twice in a month to find out short and long-term solutions to the menace.
Delhi on Monday choked under a thick blanket of smog, with the Air Quality Index (AQI) settling at 498, which falls in the higher spectrum of 'severe' category.
The air quality was 'severe' at 38 stations while it was 'very poor' at two stations. Jahangirpuri, which recorded an AQI of 498, recorded the worst air quality amongst all 40 stations.
According to the Central Pollution Control Board, an AQI between 0 and 50 is considered 'good', 51 to 100 'satisfactory', 101 to 200 'moderate', 201 to 300 'poor', 301 to 400 'very poor', and 401 to 500 'severe'.
The AQI in Delhi had climbed to 461 on Sunday and marked the city's most polluted day this winter and the second-worst December air quality day on record, as weak winds and low temperatures trapped pollutants close to the surface.
