[Swatantra Party Petitioners]

Summary

This English-language High Court writ petition, filed in Bombay in December 1994 by the Swatantra Party (Maharashtra) and S. V. Raju, challenges Section 29(A)(5) of the Representation of the People Act, 1951. The provision required political parties seeking registration to include a declaration of true faith and allegiance to the Constitution, the principles of socialism, secularism and democracy, and the sovereignty, unity and integrity of India. The petitioners seek to have the socialism requirement struck down and to have the Swatantra Party registered without making that declaration.

Key points

• The petition treats mandatory registration of political parties as a constitutional question under Articles 14, 19 and 226.
• It distinguishes the 1949 Preamble’s reference to a “Sovereign Democratic Republic” from the 42nd Amendment’s insertion of “Socialist” and “Secular.”
• The petitioners argue that “socialism” is undefined and can require an association to profess an indeterminate political doctrine.
• They contend that Section 29(A)(5) discriminates between individual candidates and political parties, since independents need not declare allegiance to socialism.
• The provision is alleged to violate equality, freedom of association, freedom of thought and expression, and the democratic right to organize politically.
• The petition frames the Swatantra Party’s refusal to make a socialist declaration as a matter of conscience rather than opposition to democracy, secularism or India’s territorial integrity.
• The requested relief includes striking down the socialism requirement, directing registration of the party, interim registration, and costs.