Analyze the requirements and processes for political party registration under the Representation of the People Act. Talk about the conditions for being recognized as a state or national party, as well as how this status affects the party’s ability to participate in and be represented in elections.
The Representation of the People Act, 1951, governs the registration of political parties in India. The Act provides for the registration of parties as national parties, state parties, or unrecognized parties. Here’s an examination of the criteria and procedures for registration:
**Criteria for Registration:**
1. **National Party:** To register as a national party, a party must:
* Have a minimum of 5% of the total number of seats in the Lok Sabha (currently 55 seats) from at least three different states.
* Have a minimum of 6% of the total number of votes polled in at least four states in the previous general elections to the Lok Sabha.
* Have been recognized as a state party in at least four states.
2. **State Party:** To register as a state party, a party must:
* Have a minimum of 2% of the total number of seats in the State Legislative Assembly from at least one-third of the total number of states.
* Have been recognized as a state party in at least two states.
**Procedure for Registration:**
1. **Application:** The party must submit an application to the Election Commission of India (ECI) in the prescribed format.
2. **Verification:** The ECI verifies the party’s eligibility by checking its existence, constitution, and membership.
3. **Recommendation:** The ECI recommends recognition to the Central Government.
4. **Notification:** If recognized, the Central Government notifies the party’s status in the Official Gazette.
**Implications of Recognition:**
1. **National Party Status:**
* Allotted election symbols from a reserved pool.
* Entitled to free use of Central government buildings for its headquarters.
* Eligible for central funding under Article 12(2) of the Representation of the People Act.
* Can contest elections across all states without having to contest as an alliance partner or have an understanding with another party.
2. **State Party Status:**
* Allotted election symbols from a reserved pool for that state.
* Eligible for state-specific funding and benefits.
**Unrecognized Parties:**
1. **Limited Representation:** Unrecognized parties are not eligible for central or state funding, election symbols, or other benefits.
2. **Restrictions on Candidature:** Unrecognized parties may not contest elections under their own symbol; instead, they must contest as independents or as candidates of another recognized party.
In conclusion, the criteria and procedures for registering political parties under the Representation of the People Act aim to promote accountability, transparency, and fairness in Indian politics. Recognition as a national or state party provides significant benefits, including access to funding and election symbols. However, unrecognized parties face significant challenges in contesting elections and participating in the electoral process.