A Case for Constitutionalisation of Political Parties | Sharma & Gupta

Ritwika Sharma and Mayuri Gupta in The Omnipresence of Political Parties in India’s Democratic Landscape: Building a Case for Future Constitutionalisation discuss the role played by political parties in the functioning of an electoral democracy, making an argument for greater regulation in consideration of their unique position at the intersection of private and public law. The authors begin with an overview of the institution of political parties, concluding that they remain largely unregulated, with the exception of the anti-defection law. Subsequently, the authors delve into the critical role of parties as a bridge between the people and the government, further examining the impact of the issues plaguing parties on the health of democratic governance. The authors finally offer a comparative analysis with various other jurisdictions to suggest a framework of principles guiding constitutional recognition of political parties in India.

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