TAG: GS 2: POLITY
THE CONTEXT: In India, symbols play a crucial role in the voting process, especially in a country with a significant illiterate population.
EXPLANATION:
- The Election Commission of India (ECI) allocates symbols to political parties and contesting candidates based on the provisions of the Election Symbols (Reservation and Allotment) Order, 1968.
Recognition Criteria for Political Parties
- Parties can be recognized as ‘national’ or ‘state’ parties based on certain criteria outlined in the Symbols Order.
- For state-level recognition, parties must meet specific conditions such as winning a certain percentage of seats in the Lok Sabha or Legislative Assembly or securing a certain percentage of votes in a general election.
Allocation of Symbols
- Recognized political parties are allotted reserved symbols that are exclusive to them in any constituency.
- For registered but unrecognized political parties, a common symbol is allotted during elections if the party contests in a certain number of Lok Sabha constituencies or state assembly seats.
- Rule 10B of the Symbols Order allows registered unrecognised parties to avail themselves of a common symbol for two general elections.
- They become eligible for a common symbol in subsequent elections if they secured at least 1% of votes polled in the state in the previous election.
- Symbols are allotted on a ‘first-come-first-served’ basis.
NTK and VCK Case
- The Naam Tamilar Katchi (NTK) secured more than 1% of votes in the last two elections but applied for a common symbol only in February 2024, losing out to Bharatiya Praja Aikyata Party (BPAP) due to the ‘first-come-first-served’ rule.
- The Viduthalai Chiruthaigal Katchi (VCK) was denied a common symbol as it failed to secure 1% of votes polled in the 2021 State Legislative Assembly elections, despite having elected representatives.
Way Forward
- While the ECI’s decisions are in accordance with existing rules, there are concerns about fairness and representation.
- Suggestions include considering past electoral performance or having elected representatives as criteria for allotting common symbols to unrecognised parties.
- This would ensure a fairer democratic process and acknowledge the contributions of smaller parties.
Election Symbols (Reservation and Allotment) Order, 1968:
- This order deals with various aspects of symbol allotment to political parties for elections.
- Under Paragraph 15 of the Order, EC can decide disputes among rival groups or sections of a recognised political party staking claim to its name and symbol.
- The EC is the only authority to decide issues on a dispute or a merger under the order. The Supreme Court (SC) upheld its validity in Sadiq Ali and another vs. ECI in 1971.
- It applies to disputes in recognised national and state parties.
- For splits in registered but unrecognised parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.
- In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
- Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
- The splinter group of the party – other than the group that got the party symbol – had to register itself as a separate party.
Election Commission of India
- The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering Union and State election processes in India.
- It was established in accordance with the Constitution on 25th January 1950 (celebrated as national voters’ day). The secretariat of the commission is in New Delhi.
- The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
- It is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.
Constitutional Provisions:
- Part XV (Article 324-329) of the Indian Constitution: It deals with elections and establishes a commission for these matters.
- Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
- Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll-on grounds of religion, race, caste or sex.
- Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be based on adult suffrage.
- Article 327: Power of Parliament to make provision with respect to elections to Legislatures.
- Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature.
- Article 329: Bar to interference by courts in electoral matters.