B.S.CHAUHAN, J. - (1.)THE instant writ petition has been preferred, by an organisation dedicated to the welfare of inter -state migrants, in the nature of public interest seeking exercise of this court's extraordinary jurisdiction under Article 32 of the Constitution of India, 1950 (hereinafter referred to as the 'Constitution') to remedy the concerns that have arisen because of "hate speeches", through the following prayers:
a. Issue appropriate writ, order, decree in the nature of mandamus declaring hate/derogatory speeches made by people representatives/political/religious leaders on religion, caste, region and ethnic lines are violative of Articles 14 (Equality before Law), 15 (Prohibition of discrimination on grounds of religion, race, caste or place of birth), 16 (Equality in matters of public employment), 19 (Protection of certain rights regarding freedom of speech etc.), 21 (Protection of Life and Personal Liberty) of Fundamental Rights read with Article 38 of the Directive Principles of State Policy and Fundamental Duties under Article 51 -A(a), (b), (c), (e), (f), (i) and (j) of the Constitution and merits stringent pre -emptory action on part of the Central and State governments;
b. Issue appropriate writ, order, decree in the nature of mandamus declaring hate/derogatory speeches made on the lines of religion, caste, race and place of birth (region) to be an act against the Union of India which undermines the unity and integrity of the country and militates against non -discrimination and fraternity;
c. Issue appropriate writ, order, decree in the nature of mandamus declaring that "Fraternity" forms part of "Basic Structure" of the Constitution;
d. Issue appropriate writ, order, decree in the nature of mandamus directing mandatory suo motu registration of FIR against authors of hate/derogatory speeches made on the lines of religion, caste, race and place of birth (region) by the Union and State Governments, in the alternative, constitution of a committee by the Union of India in consultation with this Court for taking cognizance of hate/derogatory speeches delivered within the territory of India with the power to recommend initiation of criminal proceeding against the authors;
e. Issue appropriate writ, order, decree in the nature of mandamus directing mandatory imposition of "gag order" restraining the author of hate/derogatory speeches made on the lines of religion, caste, race and place of birth (region) from addressing the public anywhere within the territory of India till the disposal of the criminal proceeding initiated against him as a necessary pre -condition for grant of bail by the Magistrate;
f. Issue appropriate writ, order, decree in the nature of mandamus directing speedy disposal of criminal proceedings against authors of hate/derogatory speeches made on the lines of religion, caste, race and place of birth (region) within a period of 6 months;
g. Issue appropriate writ, order, decree in the nature of mandamus directing suspension of membership of authors of hate/derogatory speeches made on the lines of religion, caste, race and place of birth (region) from the Union/State Legislature and other elected bodies till the final disposal of the criminal proceedings;
h. Issue appropriate writ, order, decree in the nature of mandamus directing termination of membership of authors of hate/derogatory speech made on the lines of religion, caste, race and place of birth (region) from the Union/State Legislature and other elected bodies if found guilty;
i. Issue appropriate writ, order, decree in the nature of mandamus directing de -recognition of the political party of authors of hate/derogatory speech made on the lines of religion, caste, race and place of birth (region) by the Election Commission of India where the author is heading the political party in exercise of power vested inter -alia under Article 324 of the Constitution read with Sections 29A(5), 123(3) of the Representation of the People Act, 1951 and Section 16A of the Election Symbols (Reservation and Allotment) Order, 1968;
j. Issue appropriate writ, order, decree in the nature of mandamus directing the Union of India to have concurrent jurisdiction to prosecute authors of hate/derogatory speeches in addition to the States in terms of the mandate of Articles 227, 355 read with Article 38 of the Constitution which merit stringent pre -emptory action on part of the Central Government;
k. Issue appropriate writ, order, decree in the nature of mandamus directing the Union of India and respective States to enforce Fundamental Duties under Article 51 -A (a), (b), (c), (e), (f), (i) and (j) of the Constitution by taking proactive steps in promoting national integration and harmony amongst the citizens of India; l. Issue such other appropriate writ or direction that may be deemed to be just and equitable in the facts and circumstances of the case and in the interest of justice."

(2.)SHRI Basava Prabhu S. Patil, learned senior counsel appearing on behalf of the petitioner, has submitted that the reliefs sought by the petitioner is in consonance with the scheme of our Constitution as the "hate speeches" delivered by elected representatives, political and religious leaders mainly based on religion, caste, region or ethnicity militate against the Constitutional idea of fraternity and violates Articles 14, 15, 19, 21 read with Article 38 of the Constitution and further is in derogation of the fundamental duties under Article 51 -A (a), (b), (c), (e), (f), (i), (j) of the Constitution and therefore warrant stringent pre -emptory action on the part of Central and State Governments. The existing law dealing with the subject matter is not sufficient to cope with the menace of "hate speeches". Hate/derogatory speech has not been defined under any penal law. Accolade is given to the author of such speeches and they also get political patronage. In such fact -situation, this Court cannot remain merely a silent spectator, rather has to play an important role and issue guidelines/directions in exercise of its powers under Article 142 of the Constitution which are necessary for the said purpose as the existing legal frame work is not sufficient to control the menace of "hate speeches". Therefore, this Court should grant aforesaid reliefs.
Shri Sidharth Luthra, learned ASG, Shri Rajiv Nanda, Shri Gaurav Bhatia, learned AAG for the State of U.P., Ms. Asha Gopalan Nair, Shri Gopal Singh, Ms. Ruchi Kohli, Shri C.D. Singh, and all other standing counsel appearing on behalf of the respective States, have submitted that there are various statutory provisions dealing with the subject matter and the issue involved herein is a question of enforcement of the said statutory provisions and any person aggrieved can put the law into motion in such eventualities.

Shri Sidharth Luthra, learned ASG, has further submitted that the issue of decriminalisation of politics as part of electoral reforms is under consideration before this Court in Writ Petition (C) No. 536 of 2011 and in the said matter, this Court had framed certain issues and referred the matter to the Law Commission of India to study the subject with regard to the Representation of People Act, 1951 (hereinafter referred to as "R.P.Act") and may make appropriate suggestions (report) to the Government of India vide order dated 16.12.2013 and, thus, Shri Luthra has suggested that in case there is some deficiency in law, this Court should not act as super -legislature, rather make a recommendation to the Law Commission to undertake further study and submit its report to the Government of India for its consideration/acceptance.

(3.)MS . Meenakshi Arora, learned senior counsel appearing on behalf of the Election Commission of India, has submitted that there are various provisions like Section 29A(5) & (7) of the R.P. Act empowering the Commission to examine the documents filed by a political party at the time of its registration and the application so filed must be accompanied by its constitution/rules which should contain a specific provision to the effect that the association/body would bear true faith and allegiance to the Constitution of India as by law established and to the principles of socialism, secularism and democracy and that they would uphold the sovereignty, integrity and unity of India. However, it has been suggested that Election Commission does not have the power to deregister/derecognise a political party under the R.P. Act once it has been registered. A registered political party is entitled to recognition as a State or national party only upon fulfilling the conditions laid down in paragraph 6A or 6B of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as "Symbols Order"). The Election Commission in exercise of its powers under Paragraph 16A of Symbols Order, can take appropriate action against a political party on its failure to observe model code of conduct or in case the party fails to observe or follow the lawful directions and instructions of the Election Commission. The model code of conduct provides certain guidelines inter -alia that no party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between two different castes and communities, religious or linguistic and no political party shall make an appeal on the basis of caste or communal feelings for securing votes. It further provides that no religious place shall be used as forum for election propaganda. However, the Election Commission only has power to control hate speeches during the subsistence of the code of conduct and not otherwise.