KANHIYALAL OMARversusR.K. TRIVEDI & ORS.

)·



                                                                      1


                                      V•                                   A
                              R.K. mIVEDI & ORS.

                               SEPTEMBER 24, 1985

                  [E.S. VENKATARAML\H AND R.B. MISRA,JJ. j
                                                                           B
           Constitution of India 1950 - Articles 324 and 327 Represen-
     tation of People Act 1951, Section 169 Conduct of Election Rules
     1961, Rules 5 and 10 & Election Symbols (Reservation and
     Allotment) Order 1968.

             Symbols Order - Whether legislative in character - Election   c
     Colllllission whether competent to issue Order.

           Words &Phrases :

           'Superintendence, direction and control' - Meaning     of -
     Article 324 (1) Constitution of India 1950.                           D

           The petitioner in his Writ Petition to this Court
., challenged the Election Symbols (Reservation and Allotment)
     Order, 1968 contending that as it is legislative in character it
     could not have been issued by the Election Coumission because the
     Coumission is not entrusted by law the power to issue such an         E
     Order regarding the specification, reservation and allotment of
     symbols that may be chosen by . the candidates at elections in
     parliamentary and assembly constituencies, and that there is no
     provision, constitutional or legal which justifies the
   . recognition of political parties for the purposes of election. It
~ wss further contended that Article 324 of the Constitution which
     vests the power of superintendence, direction and control of sll      F
     elections to Parliament and to the Legislature of a State in the
     Election Coumission cannot be construed as conferring power on
     the Coumission to issue the Symbols Order, and the Central
     Government which had been delegated the power to make rules under
     Section 169 of the Representation of People Act,. 1951 could 110t
     further delegate the power to make any subordinate legislation in     G
     the form of the Symbols Order to the Coumission, without itself
4    being empowered by the Act to make such further delegation.

          Dismissing the Writ Petition,
    2                 SUPREME COURT REPORTS      [1985] SUPP.3. s.c.R.   •.


A         llELll: 1. In exercise of the powers conferred under Article
    324 of the Constitution, read with rule 5 and rule 10 of the
    Conduct of Election Rules, 1961 the Election Commission of India
    issued the Election Symbols (Reservation and Allotment) Order in
    the year 1968 for the specification, reservation, choice and
    allotment of symbols, for the recognition of political parties in
B   relation thereto and for matters connected therewith. (15 C-il]

          2. It cannot be said that any of the provisions of the
    Election Symbols (Reservation and Allotment) Order, 1968 suffers
    from want of authority on the part of the Election Comnission
    which has issued it. [16 F]

c       3. The power of the Election Commission to recognise
  political parties and to decide disputes arising amongst them or
  between splinter groups within a political party has been upheld ...
  in Sadiq Ali v• Election ~ssion of India, [1972] 2 s.c.R.
  318. It also upholds the power of the Commission to issue the
  Symbols Order and the power to issue the Symbols Order was held
  to be comprehended in the ppwer of 'superintendence, direction
D and control' of elections vested in the Election Commission.
  [llG; 14A]

        4. Even if the powers of the Election Gomnission mentioned
  in the Symbols Order are not traceable to the Representation of
  People Act, 1951 or the Conduct of Election Rules, 1961 the power
E of the Colllllission under Article 324(1) of the Constitution
  which are plenary in chracter would encompass all such
  provisions. Article 324 of the Constitution operates in areas
  left unoccupied by legislation and the words 'superintendence'
  'direction', and 'control' as well as 'conduct of all elections'
  are the broadest terms which would include the power to make · all
F such provisions. While cona truing the expression 'superinten-
  dence, direction and control' in Article 324(1), one has to
  remember that every norm which lays down a rule of conduct cannot
  possibly be elevated to the position of legislation or delegated
                                                                         -
  legislation. There are some authorities or persons in certain
  grey areas who may be sources of rules of conduct and who at the
G same time cannot be equated to authorities or persons who can
  make law, in the strict sense in which it is understood in
  jurisprudence. A direction may mean an Order issued to a parti-
  cular individual or a precept which many may have to follow. It
  may be a specific or a general order. The so~cce of power in this
  case is the Constitution, the highest law of the land, which is        ...
H the repository and source of all legal powers and any power
  granted by the Constitution for a specific purpose should be
  construed liberally so that the object for which the power is
                  KANHIYALAL v. R.K. TRIVEDI [VENKATARAMIAH, J • J         3


          All Party Bill Leaders' Conference Sb111oog V• Captain M.A.           A
    Sangma & 0rs. [1978] 1 s.c.R. 393, Roop Lal Satbi v. lfacbbattar
    Singh [1983 J 1 s.c.R. 102, lfohind& Singh Gl.ll & Anr. v. 'lbe
    QU.ef Election ~ss:loner, Nev Delhi & Ors. [1978] 2 s.c.R. 272
    and A.C • .Jose v. Sivan P1lla1 & Ors. [1984] 3 s.c.R. 74, referred
    to.
                                                                                8
            5. Till recently the Constitution of India had not
  expressly referred to the existence of political parties, but by
  the amendments made to it by the Constitution (Fifty-Second
  Amendment) Act, 1985 there is now a clear recognition of
  political parties by the constitution. The Tenth Schedule to the
  Constitution which was added by the above Amending Act                        c
  acknowledges the existence of political parties and sets out the
  circlllllStances when a member of Parliament or of the State
~ Legislature would be deemed to have defected from his political
  party and would thereby be disqualified for being a member of
  the House concerned. It is therefore, difficult to say that the
  reference to recognition, registration etc. of political parties              D
  by the Symbols Order is unauthorised and against the political
  system adopted by our country. [11 E-F]

            ORIGINAL JURISDICTION : Writ Petition No. 11738 of 1985.

            (Under Article 32 of the Constitution of India).                    E

            Gobind Mukboty, R.P. Gupta and Miss Kirti Gupta for the
    Petitioner.

            The Judgment of the Court was delivered by

          VENKATARAMIAH, J. In this petition filed under Article 32             F
    of the Constitution the petitioner challenges the constitutional
~   validity of the Election Symbols (Reservation and Allotment)
    Order, 1968 (hereinafter referred to as 'the Symbols Order' which
    is issued by the Election Conmission (hereinafter referred to as
    'the Co1Jllllission') • The principal ,contention urged by the
    petitioner in support of his contention is that the Symbols Order           G
    which is legislative in character could not have been issued by
    the Cotmnissio11 because the conmission is not entrusted by law the
    power    to    issue   such   an order   regarding   the   specification,
   reservation and allotment of symbols that may be chosen by the
_. candidates    at elections in parliamentary and assembly
   constituencies. It is further urged that Article 324 of the
    Constitution which vests the power of superintendence, direction            H
    4                 SUPREME COURT REPORTS      [1985] SUPP.3 s.c.R.    <
A
    and control of all elections to Parliament and to the
    Legislature of a State in the COlllllission cannot be construed as
    conferring the power on the Collllllission to issue the Symbols
    Order.

B          It is necessary to set out the relevant provisions of law
    having a bearing on the above question at the outset for a proper
    appreciation of the contentions urged on behalf of the ..-
    petitioner. Article 324 (l) of the Constitution reads thus:

              "324.(l) The superintendence, direction and control of
              the preparation of the electoral rolls for, and the
c             conduct of, all elections to Parliament and to the
              Legislature of every State and of elections to the
              offices of President and Vice-President held under
              this Constitution shall be vested in a Comnission --
              (referred to in this Constitution as the Election
              Collllllission)."

D        >'lrticles 327 and 328 of the Constitution which vest the
    power of making provisions with respect to elections on·
    Parliament and the Legislatures in the States read as follows

              "327. Subject to the provisions of this Constitution,
              Parlia.nent may from time to time by law make provision
E             with respect to all matters relating to, or in             ~
              connection with, elections to either House of
              Parliament or to the House or either House of the
              Legislature of a State including the preparation of
              electoral rolls, the delimitation of constituencies
              and all other matters necessary for securing the due
F             constitution of such House or Houses.

              328. Subject to the provisions of this Constitution
              and in so far as provision in that behalf is not made
              by Parliament, the Legislature of a State may from
                                                                         -
              time to time by law make provision with respect to all
G             matters relating to, or in connection with, the
              elections to the House or either House of the
              Legislature of the State including the preparation of
              electoral rolls and all other matters necessary for
              securing the due constitution of such House or
              Houses."
H
         Article 327 of the Constitution confers the power on
    Parliament to make by law provision with respect to all matters
              KANHIYALAL v. R.K. TRIVEDI [VENKATARAMIAH, J • ]           5


    relating to, or in connection with, elections to either House of          A
    Parliament or to the House or either House of the Legislature of
    a State including the preparation of electoral rolls, the
    delimitation of constituencies and all other matters necessary
    for securing the due constitution of such House or Houses subject
    to the provisions of the Constitution. Article 328 of the
-.  Constitution confers similar power on the Legislature of a State          B
    to make provision with respect to all matters relating to, or in
    connection with, the elections to the House or either House of
    the Legislature of the State incluoing the preparation of
    electoral rolls and all other matters necessary for securing the
    due constitution of such House or Houses subject to the
    provisions of the Constitution and in so far as provision in that
    behalf is not made by Parliament. In exercise of the power
    conferred by Article 327 of the Constitution Parliament has
--. enacted the Representation of the People Act, 1951 (43 of 1951)
    (hereinafter referred to as 'the Act') providing for the conduct
    of elections to the Houses of Parliament and to the House or
    Houses of the Legislature of each State, the qualifications and           D'
    disqualifications for membership of those Houses, the corrupt
    practices and other offences at or in connection with such elec-·
    tions and the decision of doubts and disputes arising out of or
    in connection with such elections. Section 169 of the Act
   empowers   the   Central   Government   to   promulgate   rules,   after
   consultation with the Commission, for carrying out the purposes            E
   of the Act. ln exercise of the said power the Central Government
   has promulgated the Conduct of Elections Rules, 1961 (hereinafter
   referred to as the 'the Rules'). Rules 5 and 10 of the Rules
   which are material for the purposes of this case read thus:

              "5. Symbols for elections in parliamentary and
              assembly constituencies - (1) The Election Comnission           F
              shall, by notification in the Gazette of India, and in
              the Official Gazette of each State, specify the
              symbols that may be chosen by candidates at elections
              in Parliamentary or assembly constituencies and the
              restrictions to which their choice shall be subject.
                                                                              G
                  (2) Subject to any general or special direction
               issued by the Election Commission either under
               sub-rule (4) or sub-rule (5) of rule 10, where at any
               such election, more .nomination papers than one are
              delivered by or on behalf of a candidate, the
              declaration as to symbols made in the nomination paper
              first   delivered,   and no other declaration as           to
                                                                              H
    6              SUPREME COURT REPORTS      [1985] SUPP.3 s.c.R.   ':

A           symbols shall be taken into consideration under rule
            10 even if that nomination paper has been rejected.

            10. Preparation of list of contesting candidates •••••

            (4) At an election in a parliamentary or assmembly
B           constituency, where a poll becomes necessary, the
            returning officer shall consider the choice of symbols •-
            expressed by the contesting candidates in their nomi-
            nation papers and shall, subject to any general or
            special direction issued in this behalf by the
            Election Commission-

c           (a) allot a different symbol to each contesting
            candidate in conformity, as far as practicable, with
            his choice; and

            (b) if more contesting candidates than one have indi-
            cated their preference for the same symbol, decide by
            lot to which of such candidates the symbol will be
D           allotted.

            ( 5) The allotment by the returning officer of any
            symbol to a candidate shall be final except where i t
            is inconsistent with any directiona issued by the
            Election Cooinission in this bahalf in which case the
E           Election Comnission may revise the allotment in such
            manner as it thinks fit.

            (6) Every candidate or his election agent shall forth-
            with be informed of the symbol allotted to the
            candidate and be supplied with a specimen thereof by
F           the returning officer."

       Sub-rule (1) of rule 5 of the Rules empowers the cOIDndssion
  to specify by a notification in the Gazette of India and in the
  Official Gazette of each State, the symbols that may be chosen by
  candidates at     elections    in Parliamentary or assembly
G constituencies and the restrictions to which their choice shall
  be subject. Sub-rule (4) of rule 10 of the Rules provides that at
  an election in a parliamentary or assembly constituency, where a
  poll becomes necessary, the retruning officer shall consider the
  choice of symbols expressed by the contesting candidates in their
  nomination papers and shall subject to any general or special '>-
H direction issued in this behalf by the Comnission allot a
             KANHIYALAL v. R.K. TRIVEDI [VENKATARAMIAll, J • J         7


   different symbol to esch contesting candidate in conformity, as          A
   far as practicable, with his choice and if more contesting
    candidates than one have indicated their preference for the same
    symbol, decide by lot to which of such candidates the symbol will
    be allotted. Sub-rule (5) of rule 10 of the Rules provides that
    the allotment by returning officer of any symbol to a candidate
    shall be final except where it is inconsistent with any                 B
• directions issued by the Commission in this behalf in which case
    the Commission may revise the allotment in such manner as it
    thinks fit· Under sub-rule (6) of rule 10 of the Rules every
    candidate or his election agent should be informed forthwith the
  " symbol allotted to the candidate and is entitled to be supplied
    with a specimen thereof. Purporting to exercise its powexc under        c
    Article 324 of the Constitution resd with rule 5 and rule 10 of
    the Rules, the Commission issued the symbols Order in the year
"" 1968 which is impugned in this petition. The Preamble to the
    Symbols Order reads thus :

              "S.O.   2959 dated 31st August,       1968 - llhereas the     D
              superintendence,    direction   and     control    of   all
              elections to Parliament and to the Legislature of
              every State are vested by the Constitution of India in
              the Election Commission of India;

              And, whereas, it is necessary and expedient to provide        E
              in the interests of purity of election to the House of
              the People and the Legislative Assembly of every State
              and in the interests of the conduct of such elections
              in a fair and efficient manner, for the specification,
              reservation, choice and allotment of symbols, for the
              recognition of political parties in relation th&eto
              and for matters connected therewith.                          F

              Now, therefore, in exercise of the powers conferred by
              Article 324 of the Constitution, read with rule 5 and
              rule 10 of the Conduct of Elections Rules, 1961, and
              all other powers enabling it in this behalf, the
              Election Commission of India hereby makes the                 G
              following Order."

        The expression 'political party' is defined in Paragraph
   2(l)(h) of the Symbols Order thus :

              "2. (l)(h) - 'Political party' means an association or
              body of individual citizens of India registered with              H
              the Commission as a political party under paragraph 3
    8                  SUPREME COURT REPORTS        [1985] SUPP.3 s.c.R.     ...

A              and includes a political party deemed to be registered
               with the Coumission under the proviso of sub-paragraph
               (2) of that paragraph;"

           Paragraph 3 of the Symbols Order provides that any
    association or body of individual citizens of India calling
B   its elf a political party and intending to avail its elf of the
    provisions of the Symbols Order shall make an application to the         •
    Coumission for its registration as a party for the purposes of
    the Symbols Order. Sub-paragraphs (2), (3) and (4) of paragraph 3
    of the Symbols Order provide for the manner in which such
    applications should be made by associations and bodies calling
    themselves as political parties for registration with the
c   Collllllission. That paragraph empowers the Collllllission to consider
    all relevant particulars and to decide whether the association or
    body should be registered as a political party or not and its
    decision in that regard is stated to be final. Paragraph 4 of the
                                                                             -
    Symbols Ortler provides that in every contested election a symbol
    shall be allotted to a contesting cacdidate in accordance with
    the provisions of the Symbols Order and different symbols shall
D   be allotted to different contesting candidates at an election in
    the same constituency. The symbols specified by the Collllllission
    are classified into two categories by paragraph 5 of the Symbols
    Order. They are either reserved or free. A reserved symbol is a


E
    symbol which is reserved for a recognised political party for
    exclusive allotment to contesting candidates set up by that
    party. A free symbol is a symbol other than a reserved symbol·
                                                                              -
    Paragraph 6 of the Symbols Order provides for the classification
    of the political parties into recognised political parties and
    unrecognised political parties. Amongst the recognised political
    parties according to the Symbols Order there are two categories,
    namely, national parties and the State parties. The Symbols Order
F   further provides for the determination of the question whether a
    candidate. has been set up by a political party or not. It deals
    with the power of the Conmission to issue instructions to
    unrecognised political parties for their expeditious recognition
    on fulfilment of conditions specified in paragraph 6. The power
    of the collllllission in relation to splinter groups or rival
G   sections of the recognised political party and its power in case
    of amalgamation of two or more political parties are dealt with
    in paragraphs [5 and 16 of the Symbols Order. Under paragraph 17
    of the Symbols Order the Collllllission is required to publish by one
    or more notificatioas in the Gazette of India lists specifying
    the national parties and the symbols respectively reserved for
H   them, the State parties, the State or States in which they are
          KANHIYALAL V• R.K. TRIVEDI [VENKATARAMIAH, J. J        9


 State parties and the symbols respectively reserved for them in      A
 such State or States, unrecognised political parties and the
 State or States in which they function and the free symbols for
 each State. Every such list is required to be kept up-to-date, as
 far as possible. Under paragraph 18 of the Symbols Order the
 i;omntssion has reserved to itself the power to issue instructions
 fuid directions for the clarification of any of the provisions of    B
'the Symbols Order, for the removal of any difficulty which may
 arise in relation to the implementation of any such provisions
 and in relation to any matter with respect to the reservation and
 allotment of symbols and recognition of political parties, for
which the Symbols Or~er makes nc provision or makes insufficient
 provision and provision is in the opinion of the Commission          c
 necessary for the smooth and orderly conduct of elections.

     The petitioner claims to be a convener of a social
organisation named "SAPRYA" situated at 67/68, Daulat Ganj,
Kanpur (U.P.) which is stated to have been established for the
purposes of propagating 'National truth' and for acquainting the      D
people of India about the ideals cherished by it. The petitioner
is aggrieved by the emergence of a large number of political
parties at the national level and at the State level which
according to him has prejudiced seriously the ideals of a
democratic country. He has referred in the course of the petition
to the various acts comnitted by the several political parties        E
which according to him are highly detrimental to the interests of
the country. ·lie contends that the emergence of these political
parties is due to the provisions contained in the Symbols Order
which provides for the registration of political parties,
reservation and allotment of symbols in favour of various
political parties. It is contended by the petitioner that the
Symbols Order is liable to be struck down on the ground that the      F
Commission is not empowered to issue it either under the
Constitution or the Act and the Rules made thereunder. It is his
contention that there is no provision, constitutional or legal,
which justifies the recognition of political parties for purpose
of elections.
                                                                      G
     The constitutional scheme with regard to the holding of the
elections to Parliament and the State Legislatures is quite
clear. First, the Constitution has provided for the establishment
of a high power body to be · incharge of the elections to
Parliament and the State Legislatures and of elections to the
offices of President and Vice President. That body is the
Commission. Article 324 of the Constitution contains detailed         H
     10                SUPREME COURT REPORTS       [1985] SUPP.3 s.c.R.


A    provisions regarding the constitution of the Commission and its
     general powers. The Commission consists of the Chief Election
     Commissioner who is appointed by the President and it may also
     consist such number of other Election Colilllissioners, if any, as
     the President may from time to time fix, who are also to be
     appointed by the President. When Election Commissioners are
JI   appointed, the Chief Election Commissioner becomes the Chairman
     of the Commission. There is provision for the appointment of
     Regional Commissioners to assist the Commission. In order to
     ensure the independence and impartiality of the Commission, it is
     provided that the Chief Election Commissioner shall not be
     removed from his office except in like manner and on the like
     grounds as a Judge of the Supreme Court of India and that the
c    conditions of service of the Chief Election Commissioner shall
     not be varied to his disadvantage ~fter his appointment. An
     Election Commissioner or a Regional Commissioner cannot be
     removed from office except on the recommendation of the Chief
     Election Commissioner. The superintendence, direction and control
     of the conduct of elections referred to in Article 324(1) of the
     Constitution are entrusted to the Commission. The words
D    'superintendence', 'direction' and 'control' are wide enough to
     include all powers necessary for the smooth conduct of elections.
     It is, however, seen that Parliament has been vested with the
     power to make law under Article 327 of the Constitution read with
     Entry 72 of List I of the Seventh Schedule to the Constitution
     with respect to all matters relating to the elections to either
E    House of Parliament or to the House or either House of the
     Legislature of a State subject to the provisions of the
     Constitution. SubJect to the provisions of the Constitution and
     any law made in that behalf by Parliament, the Legislature of a
     State may under Article 328 read with Entry 37 of List II of the
     Seventh Schedule to the Constitution make law relating to the
F    elections to the House or Houses of Legislature of that State.
     The general powers of superintendence, direction and control of
     the elections vested in the Commission under Article 324(1)
     naturally are subject to any law made either under Article 327 or
     under Article 328 of the Constitution. The word 'election' in
     Article 324 is used in a wide sense so as to include the entire
G    process of election which consists of several stages and it
     embraces many steps, some of which may have an important bearing
     on the result of the process. India is a country which consists
     of millions of voters. Although they are quite conscious of their
     duties politically, unfortunately, a large percentage of them are
     still illiterate. Hence there is need for using symbols to denote
H    the candidates who contest elections so that the illiterate voter
             KANHIYALAL v. R.K. TRIVEDI [VENKATARAMIAH, J. J             11


     may cast his vote in secrecy in favour of the candidate of his            A
     choice by identifying him with the help of the symbol printed on
     the balllot paper against his name.

          It is true that till recently the Constitution did not
     expressly refer to the existence of political parties• But .their
     existence is implicit in the nature of democratic form of                 B
     Government which our country has adopted. The use of a symbol, be
     it a donkey or an elephant, does give rise to an unifying effect
     amongst the people with a common political and economic progranme
     and ultimately helps in the establishment of a Westminster type
     of democracy which we have adopted with a Gabinet responsible to
     the elected representatives of the people who constitute the              c
     Inwer House. The ·political parties have to be there if the
     present system of Government should succeed and the chasm
..   dividing the political parties should be so profound that a
     change of administration would in fact be a revolution disguised
     under a constitutional procedure. It is no doubt a paradox that
     while the country as a whole yields to no other in its corporate          D
     sense of unity and continuity, the working parts of its political
     system are so organished on party basis in other words "on
     systematized differences and unresolved conflicts." That is the
     essence of our system· and it faci.litates the setting up of a
     Government   by    the   majority.    Although   till    recently   the
     Constitution had not expressly referre_d to the existence of              E
     political parties, by the amendments made to it by the Constitu-
     tion (Fifty.:.Second Amendment) Act, 1985 there is now a clear
     recognition of the political parties by the Constitution.           The
     Tenth Schedule to the Constitution which is added by the above
     amending Act acknowledges the existence of political parties and
     sets out the circumstances when a member of Parliament or of the
     State Legislature would be deemed to have defected from his               F
     political party and would thereby be disqualified for being a
     member of the House concerned. Hence it is difficult to say that
     the reference     to recognition,    registration etc.   of political
     parties by the Symbols Order is unauthorised and against the
     political system adopted by our country.
                                                                               G
          Paragraph 15 of the Symbols Order which dealt with the power
     of the Commission in relation to splinter groups or rival
     sections of a recognised political party came up for
     consideration before this Court in Sadiq Ali & Aur. etc. V•
     Election Comnission of India & Ors. etc. [1972] 2 s.c.R. 318.

          The Court observed in that case at pages 341-343 thus:               H
    12          SUPREME COURT REPORTS      [1985] SUPP.3 s.c.R.   ....

A
         "It would follow from what has been discussed earlier
         in this judgment that the Symbols Order makes detailed
         provisions for the reservation, choice and allotment
         of symbols and the recognition of political parties in
         connection therewith• That the Commission should
         specify symbols for elections in parliamentary and
B        assembly constituencies has also been made obligatory
         by rule 5 of Conduct of Election Rules. Sub-rule (4)
         of Rule 10 gives a power to the Commission to issue
         general or special directions to the Returning
         Officers in respect of the allotment of symbols. The
         allotment of symbols by the Returning Officers has to
         be in accordance with those directions. Sub-rule (5)
c        of rule 10 gives power to the Commission to revise the
         allotment of a symbol by the Returning Officers in so
         far as the said allotment is inconsistent with the       .-
         directions issued by the Commission. It would, there-
         fore, follow that Commission has been clothed with
         plenary powers by the above mentioned Rules in the
         matter of allotment of symbols. The validity of the
         said Rules has not been challenged before us. If the
D
         Commission is not to be disabled from exercising
         effectively the plenary powers vested in it in the
         matter of allotment of symbols and for issuing
         directions in connection therewith, it is plainly
         essential that the Commission should have the power to
E
         settle a dispute in case claim for the allotment of
         the symbol of a political party is made by two rival
         claimants. In case, it is a dispute between two
         individuals, the method for the settlement of that
         dispute is provided by paragraph 13 of the Symbols
         Order. If on the other hand, a dispute arises between
         two rival groups for allotment of a symbol of a
F
         political party on the ground that each group
         professes to be that party, the machinery and the
         manner of resolving such a dispute is given in para-
         graph 15. Paragraph 15 is intended to effectuate and
         subserve the main purposes and objects of the Symbols
G
         Order. The paragraph is designed to ensure that
         because of a dispute having arisen in a political
         party between two or more groups, the entire scheme of
         the Symbols Order relating to the allotment of a
         symbol reserv~d for the political party is not set at
         naught. The fact that the power for the settlement of
H
         such a dispute has been vested in the Commission "°uld
         not constitute a valid ground for assailing the vires
-              KANHIYALAL v. R.K. TRIVEDI [VENKATARAMIAH, J •]   ·   13

                                                                          A
               of and striking down paragraph 15. The Commission is
               an authority created by the Conatitution and according
               to Article 324, the superintendence, direction and
               control of the electoral rolls for and the conduct of
               elections to Parliament and to the Legislature of
               every State and of electiona to the off ices of            B
               President, and Vice President shall be vested in the
               Commission. The fact that the power of resolving a
               dispute between two rival groups for allotment of
               symbol of ~ political party has been vested in sueh a
               high authority would raise a preswnption, though
               rebuttable, and provide a guarantee, though not            c
               absolute but to a conaiderable extent, that the power
               would not be misused but.would be exercised in a fair
               and reasonable manner.

               There is also no substance in the contention that as
               power to make provisiona in respect to electiona has       D
               been given to the Parliament by Article 327 of the
               Conatitution, the power cannot be further delegated to
               the Commission. The opening words of Article 327 are
               'subject to the provisiona of this Conatitution'. The
               above words indicate that any law made by the Parlia-
               ment in exercise of powers conferred by Article 327        E
_,             would be subject to - the other provisiona of the
               Constitution including Article 324. Article 324 as
               mentioned    above   provide_s   that   superintendence,
               direction and control of elections shall be vested in
               Election Commission. It, therefore, cannot be said
               when the Commission issued direction, it does so not
               on its own behalf but as the delegate of some other        F
               authority. It may also be mentioned in this context
               that when the Central Government issued conduct of
               Elections Rules, 1961 in exercise of its powers under
               section 16r of the Representation of People Act, 1951, •
               it did so as required by that section after conaulta-
               tion with the Commission."                               • G

          The above decision upholds the power of the commission to
     recognise political parties and to decide disputes arising
     amongst them or between splinter groups within a political party.
     It also upholds the power of the Commission to issue the Symbols
     Order. The Court has further observed that it could not be said
     that when the Commission issued the Symbols Order it was not         H
     doing so on its own behalf but as the delegate of some other
    14                  SUPREME COURT REPORTS      [1985] SUPP.3 s.c.R.    -·
A   authority. The power to issue the Symbols Order was held to be
    comprehended in the power of superintendence, direction and
    control of elections vested in the connnission.

         Over-ruling the objection raised as to the validity of the         I

                                                                           .~
    Symbols Order on the ground that it was legislative in character
B   and the Coomission had no power to issue it in the absence of
    entrustment of the power to make a law in relation to elections,
    this Court observed in All Party Hill Leaders' Conference
    Sbillong v. Captain M.A. Sangma & Ors. [1978] 1 s.c.R. 393, at
    page 408 thus:

              "It is not necessary in this appeal to deal with the
C             question whether the Symbols Order made by the
              Coomission is a piece of legislative activity. It is
              enough to hold, which we do, that the Commission is
              empowered in its own right under Article 324 of the
              Constitution and also under rules 5 and 10 of the
                                                                           -
              Rules to make directions .in general in widest terms
              necessary and also in specific cases in order to faci-
D             litate a free and fair election with promptitude. It
              is, therefore, legitimate on the part of the
              Conmission to make general provisions even in antici-
              pation or in the light of experience in respect of
              matters relating to symbols. That would also
              inevitably require it to regulate its own procedure in
E             dealing with disputes regarding choice of symbols when
              raised before it. Further that would also sometimes
              inevitably lead to adjudication of disputes with
              regard to recognition of parties or rival claims to a
              particular symbol. The Symbols Order is, therefore, a
              compendium of directions in the shape of general
               0
F                  provisions to meet various kinds of situations apper-
              taining to elections with particular reference to
              symbols. The power to make these directions, whether
              it is a legislative activity or not, flows from
              Article 324 as well as from rules 5 and 10. It was
              held in Sadiq Ali (Supra) that 'if the Commission is
G             not to be disabled from exercising effectively the
              plenary powers vested in it in the matter of allotment
              of symbol and for issuing directions in connection
              therewith, it is plainly essential that the Commission
              should have the power to settle a dispute in case
              claim for the allotment of the symbol of a political
H             party is made by two rival claimants'. It has been
                KANHIYALAL v. R.K. TRIVEDI [VENKATABAMIAI!, J.]      15

                 held in Sadiq Ali (Supra) that the Commission has been
                                                                          A
                 clothed with plensry powers by rule 5 and sub-rules
                 (4) and (5) of rule 10 of the Rules in the matter of
                 allotment of symbols."

           In Boop lal Sathi v. Nachbattar Singh, [1983) 1 s.c.R. 102,
ft.   the same view is reiterated. The Court observed in this case at
      page 719 as follows :
                                                                          B


                "The Symbols Order made by the Election Commission in
                exercise of its power under Article 324 of the Consti-
                tution read with rules 5 and 10 of the Conduct of
                Elections Rules and all other powers enabling it in
                that behalf, are in the nature of general directions
                                                                          c
                issued by the Election Commission to regulate the mode
                of allotment of symbols to the contesting candidates.
                It is a matter of common knowledge that elections in
                our country are fought on the basis of symbols• It
                must but logically follow as a necessary corollary
                                                                          D
                that the Symbols Order is an order made under the Act.
                Any other view would be destructive of the very fabric
                of our system of holding parliamentary and assembly
                constituency elections in the country on the basis of
                adult suffrage."
                                                                          E
            Even if for any reason, it is held that any of the
      provisions contained in the Symbols Order are not traceable to
      the Act or the Rules, the power of the Commission under Article
      324(1) of the Constitution which is plenary in character can
      encompass all ouch provisions, Article 324 of the Constitution
      operates in areas left unoccupied by legislation and the words
       'superintendence•, 'direction' and 'control' as well as 'conduct
                                                                          F
      of all elections' are the broadest terms which would include the
      power to make all such provisions • (See Hobinder Singh Gill &
      .Anr. v. The Qdef Election Coom!s•imt!r, New Delhi & Ors. (1978)
      2 s.c.R. 272, and A.c. Jose v. Sivan Pillai & Ors. (1984 J 3
      s.c.R. 74.)
                                                                          G
           We do not also find any substance in the contention that the
      Central Government which had been delegated the power to make
      rules under section 169 of the Act could not further delegate the
      power to made any subordinate legislation in the form of the
      Symbols Order to the Commission, without itself being empowered
      by the Act to such further delegation. Any part of the Symbols
      Order which cannot be traced to rules 5 and 10 of the Rules can
                                                                          H
    16                SUPREME COURT REl'ORTS      [1985] SUPP.3 s.c.R.

A
    easily be traced in this csse to lhe reservoir of· power under
    Article 324(1) which empowers the Comnission to issue all
    directions necessary for the purpose of conducting smooth, free
    and fair <!lections. Our attention is not drawn by the learned
    counsel for the petitioner to any speciric provision in the
B   Symbols Order which cannot be brought within the scope of either
    rule 5 or rule 10 of the Rules or Article 324(1) of the Consti-
    tution and which is hit by the principle delegatus 1111n pottes
    clelegare, i.e. a delegate cannot delegate, the Comnission itself
    in this case being a donee of plenary powers under Article 324
    (1) of the Constitution in connection with the conduct of
    elections referred to therein subject of course to any
c   legislation made under Article 327 and Article 328 of the Consti-
    tution read with Entry 72 in IJ.st I or Entry 37 in IJ.st II of the
    Seventh Schedule to the Constitlltion and the rules made there-
    under. While cons truing the expression 'superintendence' ,
    'direction and control' in Article 324(1), one has to remember
    that every norm which lays down a rule of conduct cannot possibly
    be elevated to the position of legislation or delegated legis-
D   lation. There are some authorities or persons in certain grey
    areas who may be sources of rules of conduct and who at the same
    time cannot be equated to authorities o.r persons who csn make
    law, in the strict sense in which it is understood in jurispru-
    dence. A direction may mean an order issued to a particular
    individual or a precept which many may have to follow. It may be
E   a specific or a general order. One has also to remember that the
    source of power in this csse is the Constitution, the highest law
    of the land, which is the repository and source of all legal
    powers and any power granted by the Constitution for a specific
    purpose should be construed liberally so that the object for
    which the power is granted is effectively achieved. Viewed from
F   this angle it cannot be said that any of the provisions of the
    Symbols Order suffers from want of authority on the part of the
    Commission, which has issued it.
                                ~

         We are not satisfied with the submission that the several
    evils, malpractices etc. which are alleged to be existing amongst
G   the political parties today are due to the Symbols Order which
    recognises politics! parties and provides for their registration
    etc• The reasons for the existence of such evils, malpractices
    etc. are to be found elsewhere. The surer remedy for getting rid
    of those evils malpractices etc. is to appeal to the conscience
    of the nation. We cannot, however, set aside the Symbols Order on
H   the grounds alleged in the petition.

         We dismiss the petition accordingly.                             I

    N.V.K.                                         Petition dismissed.