BJP Leader Subramanian Swamy Raises Legal Concerns Regarding Internal Elections and Party Leadership

New Delhi: BJP leader Subramanian Swamy has threatened to take legal action against his own party, alleging that the lack of internal elections and the extension of J.P. Nadda’s term as president was violative of the party constitution.

In a letter to Nadda on 6 February, Swamy wrote: “I am enclosing herewith my letter apprising the Election Commission (dated 13 November, 2023) about the lack of internal party elections in BJP as violative of statutory and constitutional provisions, as provided in the Constitution and The Representation of the People Act, 1951.
“Even the term-extension of the BJP President is currently in contravention to Article XXI of the Party Constitution, which stipulates for the term’s length to be only 3 years, extendable through fresh party elections.”

As per Article XXI of the party constitution, “an eligible member can hold the post of the President for two consecutive terms of three years each”.
Swamy said since the matter was before the Election Commission and “may be filed in the Delhi High Court as violative of my fundamental rights, I hereby give you notice that I intend taking legal action for necessary reliefs, after a month from today’s date”.

“As ever, I am available to apprise you in person, the ramification of the failure to hold legitimate party elections to elect office bearers and committees,” he added.
Swamy, who is president of the Virat Hindustan Sangam, has been at loggerheads with the party leadership for quite some time and was not renominated after his Rajya Sabha term expired in 2022.

He has been critical of the BJP’s policies – especially those related to the economy and national security – and has questioned Prime Minister Narendra Modi on various issues.
In 2023, Swamy had responded to a user’s post on X thus: “I am critical of Modi Govt policy. No BJP party forum is available to me to speak so I have to rely on the media to convey what people must get to know. That is how democracy works.”

Swamy’s Allegations:

• Internal Elections: Swamy contends that the BJP has not conducted internal elections, potentially contravening both its own constitution and The Representation of the People Act, 1951. He formally communicated these concerns to party president J.P. Nadda through a letter dated February 6, 2024, referencing a previous complaint made to the Election Commission on November 13, 2023.
• Extension of Nadda’s Term: Swamy argues that extending Nadda’s term beyond the stipulated three-year limit outlined in Article XXI of the party constitution is unlawful. He emphasizes that the article clearly states, “an eligible member can hold the post of the President for two consecutive terms of three years each.”

Potential Litigation:

• Swamy has indicated his intention to initiate legal proceedings against the BJP within a month if his concerns remain unaddressed. He has informed Nadda of his plan to seek “necessary reliefs” through legal means, potentially including filing a case in the Delhi High Court.

Swamy’s Background:

• Swamy, currently president of the Virat Hindustan Sangam, has had a history of disagreements with the BJP leadership. Notably, he was not renominated for the Rajya Sabha after his term expired in 2022.
• He has expressed critical views on some of the BJP’s policies, particularly those related to the economy and national security, and has raised questions with Prime Minister Narendra Modi on various issues.

Potential Repercussions:

• Swamy’s potential legal action could pose a significant challenge to the BJP, potentially impacting its internal operations and public image.
• The case could raise questions about the party’s adherence to democratic principles and transparency in its internal processes.
• The outcome of this case could set a precedent for how future internal disputes are handled within the BJP and potentially other political parties.