With the Election Commission of India (ECI) announcing that the general elections will be held in seven phases from April 11 to May 19, the largest democracy is preparing for the world’s biggest political event. This time, 900 million electorates will exercise their franchise at the hustings.
In India there are two types of political parties – registered recognised parties and registered unrecognised parties. Again there are two categories of registered recognised parties: national parties and state parties. The ECI is solely authorised to grant the national or state status to a political party in the country. A political organisation is eligible for national party status when it (i) secures 6% of the valid votes polled in four or more states in the Lok Sabha elections or elections for the state Legislative Assembly, and (ii) wins at least four seats in Lok Sabha from one or different states. Alternatively, national party status is also granted to parties wining at least 2% seats in Lok Sabha (i.e.11 seats in the 543-member Lok Sabha) and provided these members are elected from at least three different states or; if a political organisation is recognised as a state party in four different states. Presently, India has seven national parties – Congress Party, BJP, BSP, CPI, CPI-M, NCP and All-India Trinamool Congress.
Similarly, political organisations need to fulfill specific conditions for recognition as state parties. To be a state party, a party should (i) secure at least 6% of valid votes and win at least two seats in an Assembly election; (ii) should secure at least 6% of the valid votes and win at least one seat in Lok Sabha seat; (iii) win at least 3% of seats or at least three seats, whichever is more, in an Assembly election; (iv) win at least one out of every 25 seats from a state in the Lok Sabha election or (v) secure at least 8% of the total valid votes in an Assembly or Lok Sabha election.
Political parties use different symbols in their campaigning and are also printed on ballot papers to connect with the masses. The ECI issued an order, namely, Election Symbols (Reservation and Allotment) Order, 1968, relating to specification, reservation and allotment of all symbols. In August 2016, the EC made changes in Clause 6C of the Order to review the status of the political parties once in 10 years, instead of the previous norm of five years, thereby making it possible for changes to reprieve some political parties facing the threat of losing the status of national party. As per Para 17 of the Order, the Commission notifies, at regular intervals, the names of the recognised national parties, state parties, the list of symbols reserved for them, the list of registered unrecognised parties and the list of free symbols approved for each state. Free symbols are allotted to the registered unrecognised parties and independent candidates. No candidate can chose a symbol outside the ECI’s list. There are two categories of symbols: reserved and free symbols. A candidate set up by a national or state party (in the state where it is recognised) shall mention the party’s reserved symbol in his/her nomination paper and it will be allotted to him/her by the Returning Officer. In order to get a reserved symbol, a candidate needs to be duly nominated by the party and a declaration needs to be submitted by the candidate during the filing of his/her nomination. The Symbols Order does not recognise any political alliance.
Direction and consent of the ECI is essential during allotment of symbols for the following conditions: (i) allotment of reserved symbol of a party of another state in case the party sets up candidate; (ii) allotment of symbol reserved for a national party or state party six years back in case the party sets up candidates; (iii) allotment of a symbol reserved symbol for a state party of another state or a recognised party; and (iv) allotment of common symbol to a number of candidates of a registered unrecognised party from the list of free symbols.
There are instances when a free symbol is chosen by a number of candidates from registered unreserved parties or independent candidates. In such cases, (i) a candidate of a registered unrecognised party gets preference over the independent candidates; (ii) in case two or more registered unrecognised parties have chosen the same symbol, a sitting member of the previous Lok Sabha or state Legislative Assembly gets preference over the others and, in the absence of such a member, the Returning Officer allots the symbol by the draw of lot; and (iii) in case a number of independent candidates seeking the same symbol, a sitting member of the previous Lok Sabha or state Legislative Assembly gets preference over the others and, in the absence of such a member, the Returning Officer allots the symbol by the draw of lot.
A party also has the option to nominate a substitute candidate in addition to the main candidate. The substitute candidate shall be treated as the party candidate if the candidature of the former is rejected during the scrutiny or on the withdrawal of the candidature of the main candidate. If the nomination of the main candidate is accepted, and if the nomination of the substitute candidate of the party is signed by only one proposer then the nomination of the substitute candidate is rejected. If his nomination paper is subscribed by ten proposers and if the substitute candidate doesn’t withdraw his candidature, he will be treated as an independent candidate and symbol will be allotted accordingly.
Political parties are permitted to cancel the authorisation given in favour of one candidate in Form B and give a revised notice in Form B in favour of another candidate. In that case the later will be allotted the party symbol.
If a political party submits notice in Form B in favour of more than one candidate for the same constituency, the candidate whose nomination paper is submitted first to the Returning Officer shall be accepted as the party candidate and he/she shall be allotted with party symbol.
The allotment of symbol made by the Returning Officer to a candidate shall be final, except where it is inconsistent with any direction issued by the ECI. In such case, the Commission may revise the allotment in such manner as it thinks fit. Where allotment of any symbol is revised by the Commission, the Returning Officer would revise the allotment accordingly by amending such list suitably in respect of candidates.
Sujata Subhadarshini Nayak
