Administrative Law

Indian National Congress v. Institute of Social Welfare

(2002) 5 SCC 685

Facts

Kerala High Court directed the Election Commission to consider de-registering political parties involved in hartals/bandhs.
The Election Commission argued that it only had power to register political parties under Section 29A of the Representation of the People Act.
It said registration was a quasi-judicial function, so it could not later review/de-register unless statute gave such power.
Respondents argued registration was administrative, so de-registration power should be implied.

Whether the Election Commission’s power to register a political party under Section 29A is administrative or quasi-judicial.

The Court looked closely at Section 29A.
Section 29A does not make registration automatic.
The Election Commission must:
examine the application;
consider all particulars and relevant factors;
give representatives of the association a reasonable opportunity of being heard;
decide whether to register or refuse registration.
This showed that the Commission was not doing a simple clerical/administrative act.
Registration gives a political party statutory status and legal advantages.
Refusal to register affects the body’s legal position.
Therefore, the decision affects rights/status and requires fair decision-making.
The absence of a traditional “lis” between two opposing parties was not decisive.
The real question was whether the statute required the authority to act judicially.
Since Section 29A required hearing and reasoned consideration, the function was quasi-judicial.
On de-registration, the Court said that because registration is quasi-judicial, the Election Commission cannot review or cancel it unless the statute expressly gives review/de-registration power.
De-registration would seriously affect the statutory status of a political party, so such power cannot be implied casually.

The Supreme Court held that registration of political parties under Section 29A is a quasi-judicial function.
The Election Commission has no general power to de-register a political party unless such power is expressly given by law.
Use this case for: classification of administrative functions and when an act becomes quasi-judicial.