Supreme Court of India · 2008-09-23
Subramanian Swamy vs Election Commission Of India Thr.Sec
- Citation / case number
- AIR 2009 SUPREME COURT 110
- Court
- Supreme Court of India
- Petitioner
- Subramanian Swamy
- Respondent
- Election Commission Of India Thr.Sec
- Author
- V.S. Sirpurkar
- Bench
- V.S. Sirpurkar, Ashok Bhan
Judgment text excerpt
The Supreme Court addressed the challenge to paragraph 10A of the Symbols Order, asserting that it violates Article 14 of the Constitution of India by imposing unreasonable restrictions on political parties' recognition criteria. The Court held that the provisions of the Symbols Order must align with the principles of equality and non-discrimination as enshrined in Article 14, thereby ensuring that the electoral process reflects the diverse will of the electorate. The Court ultimately directed the Election Commission to reconsider the criteria for party recognition in light of these constitutional principles.