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.