The Chief Election Commissioner,
Election Commission of India,
New Delhi 

Sir, 
On March 1, 2009 the Election Commission has ruled and stated in its affidavit to the Supreme Court that under the Representation of the People Act or under the Symbols Order, a political party which swears allegiance to the constitution at the time of registration but it cannot be deregistered for failure to propagate socialism.  The Commission has taken the legal plea that neither the Election Symbols Order nor Section 29A of the RPA confers any power on the Commission to deregister a political party for violating or not following the oath of allegiance to the Constitution taken at the time of registration.

We feel that both the Symbols Order and the RPA can be amended to force a registered party to stand by its oath of allegiance to the Constitution in its political pronouncements. Secondly, the Election Commission cannot monitor the political activities or statements but if a registered party repudiates or condemns Socialism, this should be taken as a violation of oath and made a penal offence.

The Commission may suggest to the Government that the RPA should be suitably amended.