Supreme Court Rules 40% Threshold for Party Split Reinstated

Summary

The Supreme Court has reinstated the 40% threshold for splitting political parties, quashing the Election Commission’s registration of Janaswaraj Party. The ruling says the old provision in the Political Parties Act automatically revived after the ordinance that had reduced the threshold to 20% became ineffective.

Key Points
  • The Supreme Court ruled that the original 40% requirement for party splits in the Political Parties Act automatically revived after the temporary ordinance became ineffective.
  • The court canceled the Election Commission’s registration of Janaswaraj Party and all related correspondence.
  • Deepak Kumar Sah and other leaders had split from Dr. CK Raut-led Janamat Party and sought registration with support from 20% of central members.
  • The verdict says regulations cannot override the parent Act and that a canceled ordinance cannot continue to provide legal basis for new party registrations.
Article image