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Synopsis

The Delhi High Court on Thursday, in a petition for de-registering political parties with names with "caste, religious, ethnic, or linguistic" connotations and flags that resemble the national tri-color, remarked that "these are policy issues and in the domain of Parliament."

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said these issues are policy issues and have to be dealt with by Parliament. 

"If we decide this...we will be entering the policy domain...Parliament will take a call on this," the bench remarked orally. 

"You are only talking about the names of these parties. The name is not the clincher. You have to see the policies of the political parties. You will have to see how they are functioning. But all these issues have to be looked into by Parliament. It is their domain. They make the laws, we don't," the Court further remarked.

Accordingly, the court scheduled the matter for further hearing on May 7, 2024. 

In May, while observing that the central government was an "equally important party," the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said, “Counsel for the Union of India prays for 4 weeks' time to seek instructions. He is granted 4 weeks' time." The bench had also directed the Election Commission of India (ECI) to seek further instructions on the matter.

Advocate Ashwini Kumar Upadhyay stated in the plea that the use of names with religious connotations or symbols similar to the national flag or emblem might prejudicially affect the poll prospects of a candidate and would amount to a corrupt practice under the Representation of the People Act (RPA), 1951.

The plea sought directions to ECI to review the political parties registered with caste, religious, ethnic, or linguistic connotations, ensure that they are not using a flag similar to the national flag, and de-register them if they fail to change it within three months.

"Presently, there are many political parties, such as Hindu Sena, All India Majlis-e-Ittehadul Muslimeen, Indian Union Muslim League, etc. with religious, caste, ethnic, and linguistic connotations. In addition, there are political parties including the Indian National Congress, which use a flag similar to the national flag, which is against the spirit of Section 123 of the RPA, 1951”, the plea read.

Case Title: Ashwini Kumar Upadhyay v. Union of India & Ors.