PIL seeks derecognition of political parties with religious names; Supreme Court issues notices

New Delhi – The Supreme Court recently issued notices to the Centre, Election Commission and six national political parties including Congress and BJP on a PIL seeking derecognition of parties with religion in their name in violation of Constitution's "secular" provisions.

A Bench comprising Chief Justice R C Lahoti and Justice G P Mathur also issued notices to 22 political parties including Indian Union of Muslim League (IUML), Akhil Bharatiya Hindu Mahasaba (ABHM), All India Christian Democratic and Backward People's Party, Rashtriya Hindu Mahasabha and Akali Dal.

Significant omissions included the Shiv Sena, the RSS and the Vishwa Hindu Parishad (VHP).

The petition filed by N Kunju, a retired Army officer, through advocate P V Dinesh contended that as per Constitution India was a secular State and specifically provided for separation of religion from governance.

The petition expressed serious concern over the “lack of checks and supervision by the Election Commission to keep the political parties within the framework of the basic features of the Constitution of India and the declaration submitted to the same as mandated by Section 29A of the Representation of the People Act, 1971.

It cited the names of 22 parties “which either bear the name of a particular religion or are associated with a particular religion” and those which declare in their constitutions they represent a specific religious segment in the country.

This is against the confirmation that parties have to make to EC to the effect that they shall bear true faith and allegiance to the Constitution of India as established by law and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India, it said, seeking directions to the EC to exercise its powers and de–recognise them.

"Political parties are formed to fight elections to attain power democratically so that they can form government. As such political parties have to be secular," Dinesh pleaded.

"Why then that the Election Commission was allowing registration of parties in the name of religion," he argued.

It was for the EC to monitor that political parties remained secular and it had the requisite powers not to register a political party that had the tag of religion in their names, Dinesh said.

"Some political parties have the tag of religion with their names, which is a proof of their mixing religion with politics," Dinesh said.

"By their very name they declare themselves to be religious parties and never be described as secular," Dinesh added.