Political Party Validity and its Relationship with Fundamental Rights in India

MANSI PAL,
BA LLB, 4TH YEAR LAW STUDENT,
JIMS EMTEC, GGSIPU,
PAL88170@GMAIL.COM

ABSTRACT

In India, political parties are essentially part of the constitutional democracy y, it provides the political participation, representation, and the means for citizens to express their political views. In the Constitution, the provisions of political parties are not defined specifically anywhere; nevertheless, these are closely connected under the implied provisions of Article 19(1)(a), which clearly declares freedom of speech and expression, and similarly, whereas Article 19(1)(c) is connected to the right to form associations. However, such rights are not absolute and also are subjected as under provisions of Article 19(2) and 19(4).

This research paper examines the constitutional validity of political parties and regulations in the context of fundamental rights in India. In this, Articles 14, 19, 21, and 324 read with Section 29A, the Representation of the People Act, 1951, are analysed, which is related to the registration of political parties. The primary objectives of this research are to focus on political freedom, democratic participation, and constitutional limitation relation which has to be understood. Through the relevant case laws and legal provisions, this study examines whether the existing legal framework provides sufficient freedom to political parties or whether there is any requirement to further regulate their activities.

Keywords: Political Parties, fundamental Right, article 19, article 14, article 21, article 324, Section 29A, Democracy, Constitutional regulation.