The Delhi High Court in the case Ashwini Kumar Upadhyay v. Union of India and Another observed wherein the court was hearing the Public Interest Litigation, 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.
The court in the case remarked, this is for the legislature (to decide), this court cannot enter policy domain.
The Division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna in the case observed and has stated that the issue is in the domain of the Parliament and that the court ‘does not decide laws.’
The court informed the BJP leader and Advocate Ashwini Kumar Upadhyay who was appearing as petitioner-in-person that they will take a call on this. It is in the domain of the Parliament…this court do not decide laws
It has been informed by Upadhyay to the 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.
The Upadhyay stated before the court that, 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 the political party can be formed like Hindu Samaj Party etc. That is the issue. Elections must be free and they must be free not only from money power but also from caste power and communalism.
The bench in the case stated 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.
It has then requested by Upadhyay that till there is a lacuna in law, the said court should issue some directions to deal with the issue.
The bench in the case observed and has refused to pass any directions at this stage and listed the matter for arguments on May 07, 2024.
The bench stated that the Name is not the clincher. It is not the only clincher and test would have to be stipulated. It is all to be done by the Parliament and it is a very- very grave issue you are raising.
The counsel appearing for the Union Government handed over a letter of the Centre dated October 17 and it has been submitted that it contains instructions which address the issue which is raised in the matter.
It was also submitted before the court that in view of the said letter, the Union Government does not wish to file any counter in the matter.
The Upadhyay in his petition moved in 2019 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. The petition moved stated that there are political parties which includes the Indian National Congress, which use a flag similar to the national flag, which is against the spirit of Section 123 of the RPA, 1951.
Accordingly, the court listed the matter for further consideration on May 07, 2024.