Elections & Representation of People’s Act

Regulation of Political Parties and Allocation of Election Symbols under the Representation of the People Act

**1. Regulation of Political Parties:

**a. Recognition of Political Parties:

**1. Criteria for Recognition:

Eligibility Criteria: The Representation of the People Act, 1951, outlines criteria for recognizing political parties. A party must fulfill certain requirements to be recognized as a national or state party.
National Party: A party must secure at least 6% of the total votes polled in four or more states in Lok Sabha elections or win at least 4 Lok Sabha seats from different states. Alternatively, a party can achieve national status if it is recognized as a state party in four or more states.
State Party: A party must secure at least 6% of the total votes polled in a state assembly election or win at least 2 seats in the state legislature or Lok Sabha, provided that the seats are from different districts.
**2. Procedures for Recognition:

Application: Parties seeking recognition must submit an application to the Election Commission of India (ECI) along with details of their organizational structure, office bearers, and evidence of meeting the eligibility criteria.
Verification: The ECI verifies the application and conducts checks to ensure that the party meets all statutory requirements. This includes reviewing the party’s performance in previous elections and its organizational strength.
**b. Deregistration and De-recognition:

Deregistration: The ECI can deregister parties that fail to comply with legal requirements or do not meet the criteria for continued recognition. Deregistration can occur if a party ceases to exist or fails to participate in elections over a significant period.
De-recognition: A recognized party can lose its status if it no longer meets the criteria. For instance, if a national party fails to maintain the required percentage of votes or seats, it may be reclassified as a state party.
**2. Allocation of Election Symbols:

**a. Symbol Allocation:

Reserved Symbols: Certain symbols are reserved for recognized political parties. National and state parties are allocated specific symbols, which are exclusively used by them.
Unreserved Symbols: For unrecognized parties and independent candidates, the Election Commission provides a list of unreserved symbols. These symbols are available on a first-come, first-served basis during elections.
**b. Procedures for Symbol Allocation:

Application: Political parties and candidates must apply to the ECI for the allocation of symbols. Recognized parties are allotted their reserved symbols, while unrecognized parties and independents choose from the unreserved symbols.
Allocation Rules: The ECI sets rules for symbol allocation, including guidelines on symbol design, usage, and the process for resolving disputes related to symbol usage.
**3. Requirements for Contesting Elections:

**a. Nomination Process:

Filing Nominations: Candidates must file their nomination papers with the Returning Officer of the constituency in which they wish to contest. The nomination includes details about the candidate, their party affiliation (if any), and other relevant information.
Deposit: Candidates are required to pay a security deposit, which varies depending on the level of the election (e.g., Lok Sabha or state assembly). The deposit is refunded if the candidate secures a minimum percentage of votes.
**b. Eligibility Criteria:

Basic Qualifications: Candidates must be Indian citizens, at least 25 years old for Lok Sabha and 30 years old for Rajya Sabha. They must also meet other eligibility criteria related to criminal records and mental competence.
Party Affiliation: Candidates from recognized parties contest under their party’s symbol, while independent candidates choose from unreserved symbols.
**4. Implications for Political Representation and Fairness:

**a. Political Representation:

Inclusivity: The recognition and regulation of political parties ensure that a diverse range of political entities can participate in elections, contributing to a representative democracy. It allows for multiple viewpoints and interests to be represented in the legislative process.
Stability: Recognized parties often have a broader organizational base and greater resources, contributing to more stable and structured political representation.
**b. Fairness of the Electoral System:

Symbol Allocation: The allocation of reserved symbols to recognized parties ensures that these parties have a clear identity in the electoral process, while the availability of unreserved symbols for others promotes fairness by allowing new or smaller parties and independent candidates to compete.
Regulation and Oversight: The Election Commission’s oversight ensures that parties and candidates adhere to legal and procedural requirements, maintaining the integrity of the electoral process and preventing malpractices.
**c. Challenges:

Party Dominance: The recognition criteria can sometimes lead to the dominance of a few major parties, potentially marginalizing smaller or new parties that struggle to meet the thresholds.
Symbol Conflicts: Disputes over symbols can arise, particularly when multiple parties or candidates vie for similar symbols. The ECI’s role in resolving these conflicts is crucial to maintaining fairness.
Summary:

The Representation of the People Act, 1950 and 1951, provides a structured framework for the regulation of political parties and the allocation of election symbols. The Act outlines criteria for party recognition, procedures for symbol allocation, and requirements for contesting elections. By ensuring that recognized parties have reserved symbols and that unrecognized parties and independents have access to unreserved symbols, the Act promotes inclusivity and fairness in the electoral process. The Election Commission of India plays a key role in overseeing these processes and maintaining the integrity of elections, contributing to a representative and equitable democratic system.