New Delhi

The Election Commission of India (ECI) has told the Supreme Court that the poll panel 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.

The affidavit of the Director (Law) of the ECI pointed out that hate speech has not been defined under any existing law in India, but there are a few legislations that have a bearing on hate speech.

It said that the issue of hate speech had been dealt with by the top court in a matter and the court had referred the matter to the Law Commission of India to define hate speech and make recommendations to Parliament to strengthen the ECI to curb its menace.

The poll panel said that the Law Commission of India's 267th Report did not answer the Court's question as to whether the poll panel 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 speech.

However, the Law Commission suggested that certain amendments be made to the Indian Penal Code and the Code of Criminal Procedure, the affidavit added.

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The response of the Election Commission came on a PIL seeking measures to curb hate speech