The Election Commission of India (ECI) on Tuesday, 13 September, told the Supreme Court that it does not have the legal power to withdraw the recognition of a political party or disqualify its members, if a party or its members indulge in hate speech.
In the counter-affidavit filed in response to a Public Interest Litigation (PIL), the ECI pointed out that the top court had in a previous case referred to the Law Commission of India the question whether the ECI should be conferred the power to derecognise a political party disqualifying it or its members, if a party or its members commit the offence of hate peech nor expressly made any recommendations to the Parliament to strengthen the ECI to curb the menace of hate speech.
However, the Law Commission suggested that certain amendments be made to the Indian Penal Code (IPC) and the Code of Criminal Procedure, according to LiveLaw.