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september 2008

Supreme Court of India · 2008-09-23

SUBRAMANIAN SWAMY vs ELECTION COMMISSION OF INDIA THR.SEC.

Citation / case number
SC 2008/31
Court
Supreme Court of India
Petitioner
SUBRAMANIAN SWAMY
Respondent
ELECTION COMMISSION OF INDIA THR.SEC.
Author
V.S. SIRPURKAR
Bench
ASHOK BHAN,V.S. SIRPURKAR, , ,

Judgment text excerpt

The Supreme Court addressed the challenge to paragraph 10A of the Symbols Order, asserting it violates Article 14 of the Constitution of India by imposing undue restrictions on political parties' recognition. The Court held that the Symbols Order must align with the principles of equality and non-discrimination as enshrined in Article 14, thereby granting the writ of mandamus to reconsider the provisions of the Symbols Order. The judgment emphasized the need for electoral symbols to reflect the diverse political landscape in India, particularly in coalition scenarios.

SUBRAMANIAN SWAMY vs ELECTION COMMISSION OF INDIA THR.SEC. · Niyam