Today, On 5th August, The Supreme Court dismissed a Public Interest Litigation (PIL) challenging the use of body parts as symbols by political parties. The Court noted that the plea appeared to be aimed specifically at the Indian National Congress (INC) and its hand symbol.
New Delhi: The Supreme Court, On Monday, dismissed a public interest litigation (PIL) petition requesting the Election Commission of India (ECI) to prohibit the use of body parts as political party symbols.
The Bench, comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and PS Narasimha, observed that the plea appeared to specifically target the Indian National Congress (INC) hand symbol.
The Court remarked,
“What kind of plea is this? No eyes, no body part.. well. Dismissed. The intention is only to stop the hand symbol.”
The petitioner claimed he lodged multiple complaints against political party symbols that resembled or were identical to human body parts, aiming to ensure free and fair elections. When the Election Commission of India (ECI) did not take action on these complaints, he moved to the Supreme Court.
The plea, filed through advocate Omprakash Parihar, requested the Supreme Court to determine whether the ECI can assign symbols depicting human body parts to political parties.
Additionally, it questioned whether such assignments violate Article 324 of the Constitution of India, the Representation of the People Act, the General Clauses Act, and the Conduct of Election Rules.
The court noted that the Election Commission of India (ECI), which oversees the allocation of symbols to political parties, has established guidelines and procedures that ensure symbols are not offensive or inappropriate.
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The court also highlighted the need for judicial restraint in matters of electoral symbols, which are primarily within the purview of the ECI. It reiterated that the judiciary should not interfere in the administrative decisions of the ECI unless there is a clear violation of constitutional principles or fundamental rights.
The dismissal of the PIL signifies the court’s stance on preserving the established norms and practices of political symbol allocation, while also reaffirming the importance of symbols in the electoral process.