'Can't Enter Policy Domain, Name Is Not The Clincher': Delhi High Court On PIL For Review Of Political Parties Having Names With Religious Connotations

“This is for the legislature (to decide), we cannot enter policy domain,” the Delhi High Court on Thursday remarked while hearing a PIL to review political parties having names with religious or caste connotations or using symbols similar to that of the national flag and to de-register them in case they fail to make changes.

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said that the issue is in the domain of the Parliament and that the court “does not decide laws.”

“They will take a call on this…. It is in the domain of the Parliament….we don't decide laws,” the court told BJP leader and Advocate Ashwini Kumar Upadhyay who was appearing as petitioner-in-person.

During the hearing, Upadhyay told court that while individuals cannot seek votes in the name of religion or caste, political parties can be formed using religious connotations which cannot be permitted.

“I cannot seek votes in the name of religion or name of caste. But a political party can be formed. I cannot say I am a Hindu, please vote for me. But a political party can be formed like Hindu Samaj Party etc. That is the issue. Elections must be free. They must be free not only from money power but also from caste power and communalism,” Upadhyay said.

On this, the bench said that the name cannot be a clincher and that it is a very serious matter on which the legislature will have to take a call.

Upadhyay then requested that till there is a lacuna in law, court should issue some directions to deal with the issue. However, bench refused to pass any directions at this stage and listed the matter for arguments on May 07, 2024.

“Name is not the clincher. It is not the only clincher….Test would have to be stipulated. It is all to be done by the Parliament. It is a very very grave issue you are raising,” the bench said.

The counsel appearing for the Union Government handed over a letter of the Centre dated October 17 and submitted that it contains instructions which address the issue raised in the matter.

It was also submitted that in view of the said letter, the Union Government does not wish to file any counter in the matter.

“The petitioner who appears in person prays for listing of the matter for arguments. List on May 07,” the court said.

In his plea moved in 2019, Upadhyay had referred to political parties such as Hindu Sena, All India Majlis-e-Ittehadul Muslimeen, Indian Union Muslim League etc. with were using religious, caste, ethnic or linguistic connotations.

“In addition, there are political parties including Indian National Congress, which use a flag similar to the national flag, which is against the spirit of Section 123 of the RPA, 1951,” the plea said.

Title: Ashwini Kumar Upadhyay v. Union of India & Another