[For Favour of Publication]

Summary

This 1995 document, issued on behalf of the Swatantra Party (Maharashtra), consists of a Bombay High Court writ petition, supporting affidavit, draft amendment, interim-relief application, and a press-publication cover letter. The petition challenges Section 29(A)(5) of the Representation of the People Act, 1951, as amended in 1988, which required political parties seeking registration to declare true faith and allegiance to the principles of socialism, secularism, democracy, and the sovereignty, unity, and integrity of India. The petitioners argue that the socialism requirement is vague, discriminatory, and inconsistent with constitutional freedoms of association, thought, and expression.

Key points

• The Swatantra Party (Maharashtra) and S. V. Raju challenge the constitutional validity of Section 29(A)(5) of the Representation of the People Act, 1951.
• The petition distinguishes allegiance to the Constitution from allegiance to the undefined principle of socialism.
• The petition argues that requiring registered parties, but not independent candidates, to affirm socialism creates hostile and irrational discrimination.
• The petition invokes Articles 14, 19, and 226 of the Constitution, especially equality and freedom of association.
• The document presents socialism as a broad and internally diverse spectrum, including Saint-Simonism, Owenism, Fabianism, Guild Socialism, Keynesianism, Soviet communism, and Maoism.
• The petitioners maintain that non-socialist citizens must be able to organise politically and seek constitutional change through elections without falsifying their convictions.
• The attached draft amendment seeks interim directions requiring the Election Commission to allot a common symbol to Swatantra Party candidates in the forthcoming Maharashtra elections.
• The opening cover letter reports that the Bombay High Court ordered an expedited hearing after refusing interim relief on the common-symbol request.