[The Position Re Symbol Of The Swatantra Party]

Summary

This four-page typed position paper records the Swatantra Party’s position on the freezing of its election symbol, the Star, after the party split and the merger of the Bharatiya Kranti Dal and the Swatantra Party led by Piloo Mody. It reviews the Election Commission’s June 1989 notice under section 29A of the Representation of the People (Amendment) Act, 1988, which required political parties seeking registration to affirm allegiance to the Constitution, socialism, secularism, democracy, and India’s sovereignty, unity, and integrity.

The paper argues that the requirement to affirm the “principles of socialism” conflicted with the Swatantra Party’s basic anti-socialist position. It notes the party’s August 1, 1989 request for registration without prejudice to a constitutional challenge, its failure to answer the Commission’s August 12 letter because it could not provide requested organisational information, and its unanswered November 1991 inquiry to Soli Sorabjee. The paper concludes with three proposed actions: reply to the Commission, consider challenging the socialism requirement in court, and seek to have the Star unfrozen if the party is to be reactivated.

Key points

• The Swatantra Party’s Star symbol was frozen after the party split and the merger of parties including the Bharatiya Kranti Dal.
• The Election Commission’s June 1989 notice invoked section 29A of the amended Representation of the People Act, 1988.
• Registration rules required parties to affirm constitutional allegiance, socialism, secularism, democracy, and national sovereignty, unity, and integrity.
• The Swatantra Party objected particularly to being required to affirm socialism while opposing socialism in principle.
• The party sought registration while reserving its right to challenge the constitutional validity of the amendment.
• The document proposes legal action and restoration of the Star as conditions for reactivating the party.