GK Question

polity hard true_false

Freedom of association under Article 19(1)(c) includes right to form political parties, subject to reasonable restrictions under Article 19(4) for sovereignty, integrity, public order, and courts apply proportionality test to balance party autonomy with electoral integrity.

  1. True
  2. False

Answer: True

Political parties and freedom of association: (a) Article 19(1)(c): Right to form associations/unions, including political parties, (b) Article 19(4): Reasonable restrictions for sovereignty, integrity, public order, morality, (c) Proportionality application: (i) Legitimate aim: Electoral integrity, transparency, prevention of criminalization, (ii) Rational connection: Regulations (disclosure requirements, inner-party democracy) suitable to achieve aim, (iii) Necessity: Less restrictive alternatives considered (self-regulation vs. statutory mandates), (iv) Balancing: Benefits of regulation vs. harm to party autonomy, political pluralism, (d) Applications: (i) Electoral reforms: ADR case (2002) mandated candidate disclosure; Electoral Bonds judgment (2024) enhanced political funding transparency, (ii) Party regulation: Election Symbols Order requires recognized parties to conduct inner-party elections, maintain membership records, (iii) Criminalization: Lily Thomas (2013) struck down provision allowing convicted legislators to retain membership, (e) Challenges: (i) Implementation: Ensuring parties comply with disclosure, inner-party democracy requirements, (ii) Political will: Balancing regulation with political pluralism, avoiding partisan misuse, (iii) Awareness: Voters informed about party funding, candidate backgrounds to make informed choices, (f) Illustrates calibrated rights balancing: Freedom of association essential for democracy; proportionality ensures regulations justified, not arbitrary, preserving political pluralism while enhancing electoral integrity.

Topic Article 19 - Freedom of Association and Political Parties
Exam Relevance Political parties and freedom of association critical for UPSC Mains and Judiciary exams