[In the High Court of judicature at Bombay Petition no-14 of 1994]

Summary

This second-draft writ petition, filed in the Bombay High Court in October 1994 by the Swatantra Party (Maharashtra), challenges Section 29A of the Representation of the People Act, 1951. The petitioner argues that the registration requirement, introduced after the Constitution (42nd Amendment) Act, compels political parties to affirm faith in socialism, secularism and democracy even when their own constitutional ideology rejects socialism. The petition invokes Articles 14, 19 and 226 of the Constitution and identifies the Union of India, the Chief Election Commissioner and the Secretary of the Election Commission of India as respondents.

In the rendered pages, the Swatantra Party presents itself as committed to constitutional democracy, secularism, social justice and equality of opportunity, while defending individual initiative, private enterprise and “maximum freedom” with minimum state interference. It distinguishes these commitments from state-controlled socialism and relies on freedom of speech, expression, association and belief to argue that neither citizens nor political parties can be compelled to adopt a prescribed ideology. The petition characterises “socialism” as undefined and vague in the relevant constitutional and statutory provisions, cites the party’s 1959 founding and 1960 policy statement, and ultimately asks the Court to declare Section 29A unconstitutional and permit registration under the party’s own ideology. The rendered pages end with the petition’s prayers and the verification signed by General Secretary L.R. Sampat; the later pages of the 41-page PDF were not available.

Key points

• The Swatantra Party (Maharashtra) challenges Section 29A of the Representation of the People Act, 1951.
• The petition argues that mandatory affirmation of socialism violates constitutional freedoms of speech, expression, association and belief.
• The party presents its own programme as constitutionalist, democratic, secular and committed to social justice and equality of opportunity.
• The petition defends private enterprise, individual initiative and minimum state interference while opposing a state-controlled economy.
• It argues that “socialism” and the “principles of socialism” are undefined and therefore too vague to ground a compulsory affidavit.
• The petitioner invokes Articles 14, 19 and 226 of the Constitution and seeks writs striking down or disabling Section 29A.
• The petition refers to the ideological positions of Congress-I, the Bharatiya Janata Party, Shiv Sena and Jamaat-E-Islami to argue that political parties interpret or reject socialism differently.