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may 2002

Supreme Court of India · 2002-05-10

Indian National Congress (I) vs Institute Of Social Welfare & Ors

Citation / case number
AIR 2002 SUPREME COURT 2158
Court
Supreme Court of India
Petitioner
Indian National Congress (I)
Respondent
Institute Of Social Welfare & Ors
Author
V. N. Khare
Bench
V.N. Khare, Ashok Bhan

Judgment text excerpt

The Supreme Court examined whether the Election Commission of India possesses the power under Section 29A of the Representation of the People Act, 1951, to de-register a political party for calling a 'hartal' involving force or coercion. The case clarifies the distinction between 'bundh' and 'hartal', noting that coercive bundhs violate constitutional liberties. The central legal issue is the scope of the Election Commission's authority to cancel registration based on unconstitutional activities.

Indian National Congress (I) vs Institute Of Social Welfare & Ors · Niyam