Supreme Court Dismisses Petition Against Use of Body Parts as Election Symbols
The Supreme Court of India has dismissed a petition that sought to prevent the use of body parts as political party symbols. The petition specifically targeted the ‘hand’ symbol used by the Indian National Congress (INC).
Details of the Case
A bench led by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and PS Narasimha, heard the case. The court questioned the validity of the plea, stating, ‘What kind of plea is this? No eyes, no nose, no hand can be an election symbol. Dismissed. The intention is only to stop the hand symbol.’
Arguments Presented
The petition argued that symbols resembling human body parts could potentially violate election rules. It claimed that such symbols might be misused during the mandatory 48-hour campaign silence period before voting, as they cannot be easily hidden.
Legal Basis
The petition sought direction to decide whether the Election Commission of India (ECI) can allot human body parts as symbols and whether such allotment violates Article 324 of the Constitution of India, the Representation of the People Act, General Clauses Act, and Conduct of Election Rule.
Background
The petition was filed by the Sarguja Society for Fast Justice. The petitioner had lodged several complaints against party symbols resembling or identical to parts of the human body to ensure free and fair elections. After the Election Commission of India did not take any action, the petitioner approached the Supreme Court.
Doubts Revealed
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions about laws and rules.
Petition -: A petition is a formal request made to a court or government asking for a specific action or decision.
Body parts as political party symbols -: This means using pictures of body parts, like a hand or an eye, to represent a political party.
Indian National Congress -: The Indian National Congress is one of the oldest and major political parties in India. Its symbol is a hand.
Chief Justice DY Chandrachud -: Chief Justice DY Chandrachud is the head judge of the Supreme Court of India.
Election rules -: Election rules are guidelines that must be followed during elections to ensure fairness and order.
Campaign silence period -: This is a time just before voting when political parties are not allowed to campaign or promote themselves.
Sarguja Society for Fast Justice -: This is a group that works to make sure justice is served quickly and fairly in India.
Election Commission of India -: The Election Commission of India is a government body that oversees and conducts elections in India.