There is a little known clause in the Representation of the People
that stipulates a party to be eligible for registration should swear
by democracy, secularism and socialism in its constitution. The need
for the first two are understandable, though debatable. But what about
socialism? Why should parties be not opposed to socialism? Is this
clause against the basic tenets of the constitution? Here is the
experience of a person (S V Raju) who tried to register such a party:

"Jerry Rao has, as usual, written a good piece on the need for a free-
market political party in India, "Tired of socialists", Mint, 8 June.
He correctly refers to the fact that I have been trying to register a
party that is expressly opposed to socialism and that I have made very
little headway. In fact, I tried to register the old Swatantra Party
(there was no registration required in the old days) but my
application for registration was rejected.
An amendment to the Representation of the People Act made when Rajiv
Gandhi was prime minister stipulated that the constitution or the
rules and regulations of political parties should contain a provision
swearing loyalty to democracy, secularism and socialism. The Election
Commission sent me a form for registration which I completed and
returned, accepting democracy and secularism but rejecting socialism,
as the Swatantra Party was opposed to it in principle. The
registration was turned down.
A friend and I filed a writ petition in the Bombay high court in
December 1996. The writ was admitted. It has still to come up for
hearing. This is the hurdle. Under current law, no party that refuses
to accept socialism can get registered as a political party. So much
for our democracy!"


Best regards,
Murali.


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