New Delhi: The Supreme Court on Monday decided
to examine whether it was mandatory for a political party to
owe allegiance to the ideal of socialism as a pre-condition
for getting registered with Election Commission.
Though the matter is pending since 2007, a Bench
comprising Chief Justice K G Balakrishnan and Justice Deepak
Verma said it will hear the PIL on the issue only within the
ambit of election law and not go into the realm of the
Constitution.
The PIL, filed by NGO Good Governance India
Foundation, questioned the 42nd Amendment to the Constitution
of 1976 that introduced the words "socialist" and "secular" in
the Preamble to the Constitution.
Advocate Gopal Shankaranaraynan, appearing for the
NGO, said the challenge was two-fold, both against the
validity of the 42nd Amendment and Section 29A(5) of the
Representation of Peoples Act 1951 relating to registration of
political parties.
Section 29A(5) states that "the application under
sub-section (1) shall be accompanied by a copy of the
memorandum or rules and regulations of the association or body
and such memorandum or rules and regulations shall contain a
specific provision that the association or body shall bear
true faith and allegiance to the Constitution of India as by
law established and to the principles of socialism, secularism
and democracy..."
The Bench, while entertaining the PIL, made it clear
it will hear the matter in the context of the RPA and not
examine the issue of validity of the 42nd amendment.
PTI
