Professional Documents
Culture Documents
INTRODUCTION
Political parties have been defined by various writers in various ways. Political parties
makes people politically conscious, i.e., aware them about the role as citizens which is done
through election. For the purpose of holding elections symbols is of immense importance as
election symbols plays a vital role in demarcating the various political parties among each other.
In our country a great percentage of people could not read the name of the candidates and the
political parties. Thus symbol system helps them to elect their candidates.
Modern democracy says for participation by all in the democratic system. So symbol
system is a valuable weapon to choose the political parties. The government exercises its broad
administrative powers in the name of the president, whose duties are largely ceremonial. The
president and vice president are elected indirectly for 5-year terms by a special electoral
college. Their terms are staggered, and the vice president does not automatically become
president following the death or removal from office of the president.
8
CHAPTER-2
Politics exists everywhere; it does not come from oak threes, it is not a gift of any
angel, it is a human venture centered in man and created by man. According to Black’s
Dictionary, Political party is an organization of voters, formed to influence the
Governments conduct and polities by nominating an electing candidate to public office 1.
According to Michael Curtis, it is notoriously difficult to define accurately a political
party. The reason is that the views of the Liberal and Marxist writers differ sharply on
this point also the English liberals and the Americans have different views 2.
The liberal view is that the first and foremost aim of each Political Party is to
prevail over the others in order to get into power or to stay in it3.
According to Marxists, a political party is the most organized and active section of
any class or part of that class or coalition of classes in a society. Parties reflect ideology
that is a theory of society from which a program of political action can be derived.
Parties reflect interests, which give each its particular characters 4.
The key point of English view on political party is the issue of “principles” of public
importance on which the members of a party are agreed. Disraeli defined political
parties as “a group of men bonded together to pursue certain principles”1.
9
A definition of political party has three essential ingredients-First, it is an organization of
persons who are more or less agreed on some important matters of public policy.
Second, it is an organization whose main aim is to take part in the struggle for power. Last, it
is a body whose members make concerted efforts to implement their policies and
programs by constitutional (democratic) means.
1. That they agree upon certain fundamental principles of public policy and have a
political ideology of their own;
2. That in pursuit of their political objectives, they formulate a ‘practical program’ and
‘platform’ and in doing so aim at unity within its own ranks and at making an
effective appeal to the electorate;
3. That they create an effective organization for putting across to the people their
ideology and program, and if successful in capturing power, in carrying their program
into action;
4. That their programs formulated in such a manner as to promote the general interests
of the people as a whole and not only of a particular section or community however
large or important it may be there is a condition which has not always been observed
in practice and therefore there are religious, communal and sectional parties existing
particularly in several countries of Europe and Asia, and America.
5. That they employ only ‘constitutional methods’ and work strictly within the
framework of the constitution, thus there is no room for a ‘revolutionary’ party in a
democracy. A communist party, whatever its ultimate am, if it is to function as a
political party in a democratic state, must forswear violence or the use of force in its
struggle for the capture of political power and agree to use only peaceful,
constitutional means like other political parties in the State 1.
1
Ibid Pg. No. 560
10
DEFINITION OF POLITICAL PARTIES
There is no statutory or constitutional definition of the term ‘political parties’.
“However the word political party denotes two broad meanings- one, it has to be
a party which has some political aims and objects ultimately with a view of gaining
power. Secondly a political party must represent a section of the people without which it
cannot be called a political party.
Till 1988 there was no direct reference to political parties as regard their
definition in law. Even the Tenth Schedule which was added to the Constitution in 1985,
have not define the term ‘political party’. It was clause 2(h) of the Election Symbols
(reservation and Allotment) Order, 1968 which define a political pary in the following
words:
“According to Marxists, a political party is the most organized and active section
of any class or part of that class or coalition of classes in a society. Parties reflect
ideology that is a theory of society from which a programmed of political action can be
derived. Parties reflect interests which give each its particular character.” 2
1. Anand Ballabh Kafaltiya, Democracy & Election Laws, No , Deep & Deep Publications Pvt. Ltd.
2. D.C. Bhattacharya, Political theory, 554, 8th Edition, 2003, Kolkata, Vijoya Publishing House.
11
But the Act defines a ‘political party’ in section 2(1) (f) merely to mea an
association or a body of individual citizens registered with the Election Commission as a
political party under section 29A. Section 29A(1) provides that any association if apply
for registration as a political party. Other enactment, like, the income Tax 1961, also
speak about political parties in the same vein to mean associations or bodies of
individual citizens register with the Election Commission as political parties 1.
“In the parliamentary system of governance which the Constitution adopted for
the country, the existence of political parties was implicit and inevitable. Even before the
country achieved independence, political parties had been playing crucial role in the
freedom movement and were also participating in elections at central and provincial
levels, however the Constitution was silent altogether with regard to their existence
right up to 1985. it was only in 1985 that their existence and functioning in the political
field came to be recognised for the first time by the Constitution- that too not direct but
in the form of the Tenth Schedule thereto as inserted by the Constitution (Fifty-second
Amendment) Act 1985, making political defections a ground for disqualification for
membership of Parliament and state legislatures.
Even after the existence of political parties being recognised by the Constitution,
there is no precise definition of political party in the Constitution or in any statutory law.
Political parties are now registered with the Election Commission under section 29a of
the 1951 Act. But the Act defines a ‘political party’ in section 2(1)(f) merely an
association or a body of individual citizens registered with Election Commission as a
political party under section 29A. Section 29A(1) provides that any association or body
1
Devi E.S.Rama & Mandiratta. S. K. How India Votes-Election Law Practice Procedure, Pg No. 480, New Delhi,
Butterworths, 1st edition 2004
12
of individual citizens of India ‘calling itself a political party’ may apply for registration as a
political party. Other enactments, like the Income Tax 1961, also spark about political
parties in the same vein to mean associations or bodies of individual citizens registered
with the Election Commission as political parties.”1
Historically, the emergence of political parties has accompanied the growth of modern
electorate. Indeed the latter made the former, moreover the right to vote was extended, it
became necessary for political organizations to organize the electors. Parties acquire new
character with the development; they became mass organizations, linking together a large body
of citizens with their representatives in the legislative assemblies. They develop institutions of
their own and with a view to fighting and winning elections, they collected financial
contributions. In this way the parties responded to the real need. Without them the millions of
voters who composed the new electorate would have become a disorganized crowed unable to
formulate their aims or debate the important and many issues they confronted. “By means of
parties, the voters obtained a medium that, to state it in no stronger terms, afforded a chance of
rational and coherent action12.
The origin of political parties can be determined from the following sources –
1. HUMAN NATURE : Different human beings have different temperaments, some are radical,
others are reactionary, some are moderate others are extremists. Thus people form
different parties give different expression to their combative instincts. In the words of
mains, popular feeling is probably far more a survival of the intellectual differences
between men and men.3
1
V.S.Rama Devi and S.K Mendiratta, How India Votes, 479,New Delhi,Butterworths, First edition.
2
Kappor. A. C. Principles of Political Science, Pg. No. 642, S. Chand & Company, New Delhi, 2001.
3
Johari, J. C. Indian Government & Politics, Pg. No. 563, Vishal Publication, Delhi, 1977
13
2. ECONOMIC INTEREST : The more realistic basis of division into parties is the conflicts of
economic interests. Difference in possessions, economic out look of the people and
economic conditions are the vital forces behind the formation of political parties, some
are capitalists others are communists or socialists, some have a view to nationalized
public sectors others have the view to privatize. There may be some force in the
opposite argument that politics is not at all economic, but certainly without economics,
politics is an utter mysteryi.
3. ENVIRONMENTAL EFFECT : It is often claimed that men inherit their politics alike religion.
The young man joins a particular party, because his father belongs to it. Party allegiance,
like property, is often transmitted from generation to generation. In combination there
can be influence of group interest and the present political system prevailing for
example-German descent to the republicansii.
5. IDEOLOGY : Ideology is also a familiar source of political parties. While the parties of the
‘right’ like Fascists and Nazis are interested in protecting and promoting the interests of
the capitalist and other affluent classes of the society, the parties of the ‘left’ like
socialists and communists desire a change in the present system so as to give benefits to
the unprivileged and under privileged sections of the society. It may also be added that
the factor of ‘charisma’ attracts people to join a particular party, it depends on the
personalities of the great leader.
CHAPTER-3
14
Party system exists outside the legal framework of the State and it is not referred in the
Constitution of any country. The constitution of United States does not presume existence of
political parties. In Britain where party system first began, there also political parties are
unknown to law although without political parties nature of British Constitution would be
changed. Similarly, political parties in India are extra constitutional, but they are lifeblood of the
system of Government established at the center and in the states. The Totalitarian States does
not accept existence of any opposition. Professor Brogan realistically points out, “the election of
a president really enough of a national figure to carry out his duties, might have been
impossible. And it is certain that the greatest break down of the American constitution system,
the civil war, came only when the party system collapsed”.
Gilchrist is of the opinion that the “party system is really the method whereby the too
great rigidity of the American Constitution has been broken down” 2.
Indian Constitution does not define political party but separate law has been made on it,
the most important law in Representation of Peoples Act 1951.
2
Kappor. A. P. Principles of Political Science, Pg. No. 641. S. Changd & Co., New Delhi, 2001
15
CHAPTER-4
Prior to 1968 there was no Act. Or Rules or order of Election Commission for
registering a political parties. In August 1968 provisions was made for reserving and
allotting elections symbols. Election Commission gathered knowledge from the general
elections held in 1951, 1952, thereafter they felt the necessity for registering political
parties to regulate the functioning of parties in democratic manner.
The order continues upto 1989. A new part IV A was inserted in 1951 by
Representation of People (Amended) Act, 1988. The section 29A of the Amended Act
tells the process of registrations of the political parties with the Election Commissions 1.
1
Devi. E. S. Rama & Mandiratta. S.K., How India Votes Election Law Practice procedure, Pg. No. 491, Butterworths, New
Delhi, 1st Edition 2004.
16
PROCESS OF REGISTRATION
The first and foremost requirement prescribe under section 29a of the 1951-Act is that
the association or body which seeks registration as a political party under that section
should be comprised wholly of the citizens of India, as is evident from the expression
‘any association or body of individual citizens of India’ used in the very beginning of that
section. Thus any association or body whose membership is open to any foreigners ie,
non-citizens of India, shall be disentitled to seek registration as a political party. Thus any
social or cultural organisations are not registered under section 29A of the 1951-Act,
unless they call themselves as political parties and intend to contest elections.
“The law does not prescribe any minimum membership strength of the association or
body seeking registration as a political party under section 29A. In the earlier stages
after enactment of the section in June 1989, the Election Commission was also not
insisting on any minimum numbers for the formation of a political party. The result was
that there was a mushroom growth of several small associations or bodies, comprising,
in many cases, only a few members of a family, and they sought and obtained
registration with the Commission. This is evident from the fact that by the time of the
1989- general election to the House of people, which followed in less than four months
since the enactment of section 29a in June 1989, as many as 261 political parties had
applied for registration. On next general election in 1996 the number of political parties
on the register of Commission went up to 574. The next general election took place in
1998, the number of political parties on the register of Commission went up further to
657. Now the Commission is insisting that any applicant party must have at least 100
such registered electors as its members. Further, all these 100 members have to submit
individual affidavits with the party’s application making a declaration that they are not
member of any other political party. Furthermore, the applicant party has also to
produce certified extracts from the electoral rolls of the parliamentary or assembly
constituencies in which the names of its members are enrolled as electors. An attested
true copy of an electoral identity card issued to an elector under the authority of the
Election Commission is also accepted as evidence of the person concerned being a
registered elector. The president or the secretary of the applicant party is also required
to furnish another affidavit to the effect that none of the persons who are claimed to be
its members are members of any other political party.”
17
b. Processing Fee.
“In addition, the Election Commission has now also fixed under its own inherent power a
processing fee of Rs. 10,000 (rupees ten thousand only) in respect of every application
for registration so as to cover party the administrative expenditure in scrutinising and
processing the application and also to meet party the expenditure involved in the
correspondence with the party both before and after the registration. This non-
refundable processing fee has to be paid by means of a demand draft or a cheque. These
measure have made a salutary effect and the flow of applications for registration has
now come down to a trickle and only 33 parties got themselves registered with the
Commission during the year 1999, though it was an election year when several new
parties generally come up, and only 18 parties during the first half of the year 2000.
The law stipulates that any application for registration by a political party shall be made
to the Election Commission within 30 days following the date of its formation
[section29A (2) (b), 1951-Act]. As the law required that even those political parties
which were in existence at the time of the enactment of section 29a, including the
parties which were already registered with the Election Commission under the
provisions of Para 3 of the 1968 Symbols Order, should also seek fresh registration, such
parties were granted time to apply for registration within 60 days next following the date
of enforcement of section 29A, i.e., from June 1989 to 14 August 1989.
Under section 29A (4), every application for registration as apolitical party shall contain
the following particulars:
1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 493, New Delhi,Butterworths, First edition.
18
e. Additional Particulars to be Furnished with the Application.
Under the Registration of Political Parties Order 1992, every applicant party has to
furnish the following additional particulars under section 29A (6) in its application for
registration:
In order to avoid any confusion in the minds of the general public and electors in
particular on the ground of similarity between the names of different parties, the
Election Commission insists that the name of the applicant party should not closely
resemble with the name of an already registered political party.
[section 29A(9), 1951-Act]. Where, however, it wants to change its name the
Commission insists that it must obtain its prior approval in regard to the new name so
that there is no objection thereto on the grounds discussed above.” 1
1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 503, New Delhi, Butterworths, First edition.
19
3. No Reservation of Symbol for Registered-Unrecognised Parties-
31
Ibid 504.
20
CASE LAW – In Socialists party Vs. Election Commissioner of India, the high Court held that
no right of writ of mandamus could be issued unless there is refusal be Election
Commission to consider the prayer of the petitioners.
1
Devi E. S. Rama & Manadirratta S. K., How India Votes-Election Law Practice procedure. Pg. No. – 493, New Delhi,
Butteworths, 1st edition 2004
2
Ibid. Pg no-497
3
Ibid, Pg no.-502
21
CHAPTER-5
Section 52 states that recongised political party means political party recognised by
Election Commission under Election Symbol (Reservation and Allotment) Order, 1968.The
recognition of political party carries various priveleges, like they get supply of copies of electoral
rolls, they get substantial free telecast during general election.
Further recognised political parties are divided into two categories, namely,
i) national parties
On the basis of performance in election, political parties are recongised as state parties
or national parties. A party recognised in four or more states on fulfillment of certain criteria are
given status of national party. A party which secure recognition in less than four states, ie, either
in a single state or in two or even three states, is called a state party.
The first and foremost requirement for recognition is the party must be registered with
the Election Commission. Under para 6(2), of the Symbols Order a party is recognised in any
state on the fulfillment of any of the following conditions:
i) If the candidates set up by the party have secured at least six per cent of the total
valid votes polled in the state, either at the last general election to the House of
People held from that state or at the last general election to the state legislative
assembly; or
ii) If it has, at the last general election to the House of the People, returned at least
one member to that House for every 25 members of that House or any fraction
of that number, elected from that state; or
22
iii) If it has at the last general election to the state legislative assembly, returned at
least one member to that assembly for every 30 members of that assembly or
any fraction of that number.
2
P.C.Jain & K.Jain Chawlas. Pg. Elections Law & Practice, Pg no-1.144, Babri Brothers Delhi, 8 th Edition, 2004
23
CHAPTER-6
Both the patty and the candidate must fulfil certain conditions if he is to be
treated as having being set up or sponsored by a political party.
The candidate has to made a declaration in the nomination paper that he has
been set up by the political party. The party. The party must intimate its name to the
officer. A party is permitted to change its candidate by notification 1.
It has been observed sometimes a same party give authorization to more than
one candidate in the same constituency. The Election Commission has an earlier rule to
treat all such candidates to be independent. In Rakesh Kumar Vs. Sunil Kumar2, Supreme
Court took a view that in such cases opportunity is to be given to the candidate to
produce confirmation of the party. After this decision Election Commission made a rule
that the nomination which was first delivered is to be treated as the approved
candidate, unless there is a cancellation by the party authority. The order was made in
paragraph 13A in the Election Symbols (Reservation and allotment) Amendment order,
19993.
1
Ibid. Pg no-1.517
2
(1999) 25CC 489
3
Devi E.S.Rama & Mandiratta S.K. How India Votes Election Law Procedure Procedure, Pg no. 520, Butterworths, New
Delhi, 1st edition 2004.
24
CHAPTER-7
ELECTION SYMBOLS
Millions of voters in India are illiterate. To enable them to exercise their right to
franchise through a secret ballot, symbols are considered absolutely necessary. Symbols
help to identify the contrasting candidates.
Other system available to differential the candidates is painting the ballot box in
different colour or making marks on the boxes. This system was prevalent in different
parts of India before independence. But it appeared that the system is not satisfactory or
workable if number of candidate’s increases. And it is true as in India there are
innumerable candidates in various parts, in modakuruchi and constituent assembly in
Tamil Nadu there were 1,033 candidates during State Legislatinve Election 1.
In Kanhiya Lal Omar Vs. R. K. Trivedi and Others, in this case symbol system was
challenged Supreme Court held that “India is a country which consists of millions of
Voters”.
For assigning appropriate symbol, the Election Commission had issued the
election symbols (Reservation and Allotment) Order, 1968 in exercise of the power
conferred by rule 5 of the conduct of election rules, 1961 read with Article 324 of the
constitution.
1
Ibid Pg No. 481
25
EVOLUTION OF SYMBOL SYSTEM
“The founding fathers of the Constitution of India considered the
parliamentary form of government as best suited to the needs and aspirations fo millions in
the country on the achievement of independence. To meet those aspirations, they also felt
that the people of India should themselves choose there representative to the House of the
People and the legislative assemblies of states by direct elections from the territorial
constituencies. They further accepted universal adult suffrage as the fundamental principal
for such direct elections from parliamentery and assembly constituencies. But thuse vast
multitudes of electors mainly consisted of those who could not even read the names of
candidates in the electoral contests vying for their votes, the level of literacy being in the
neighbourhood of only 16.6 % at that time
1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 480, New Delhi,Butterworths, First edition.
26
OBJECTS OF SYMBOL
Election Symbols are commonly known objects, animate or inanimate, so that it can be
easily identified by the general mass of elections despite their illiteracy and ignorance. During
first general election in 1951-52, Election Commission specified “railway engine” as one of the
elections symbols in certain states. But the Election Commission in 1957 cancelled the symbol
on the ground that in some remote undeveloped area many people had never seen a “railway
engine”. In 1996, in Tamil Nadu in a constituency in Modakurichi there were 1,033 contesting
candidate. With great difficulty Election Commission could identify 350 commonly known
objects, sotto meet the requirement the Election Commission made an innovation by specifying
the multiple of those objects, for example one bat, two bats, three bats, one comb, two combs,
three combs and so on.
CLASSIFICATION OF SYMBOLS
1. Reserved symbols,
2. Free symbols.
1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 524, New Delhi,Butterworths, First edition.
27
SYMBOL, NOT PROPERTY OF ANY PARTY
A symbol reserved for a recognized party is not its property. In Sadiq Ali Vs. Election
Commission and ors, AIR 1972 SC 187, it has been held that symbols cannot be divided
among the rival or splinter groups of a party in the event of a split in it.
The law makes an appeal that use of religious symbols, national symbols such as national
Flag or National Emblem, or use of such symbols is a corrupt practice. Supreme Court held that
“star” reserved for Swatantra Party and “cock” reserved for Jharkhand Party in Bihar are not religious
symbols. In 1971, the Election Commission allotted the symbol of ‘calf and cow’, to one of the
splinder groups of Indian National Congress, a recognised national party. It was argued that ‘calf and
cow’ is a religious symbol. But the High Courts took the view that ‘calf and cow’ was not a religious
symbol. In Indira Nehru Gandhi Vs. Raj Narain, AIR 1975 SC 2299, in this case Supreme Court held,
removing all doubts that ‘calf and cows’ was not a religious symbol. The Election Law (Amendment)
Act, 1975 made a rule under section 123(3) that no election symbol officially allotted to a candidate
shall be deemed to be a religious or national symbol. In 1991, Election Commission removed the
symbols scales, as scales is associated with justice and judiciary which should not be involved in
electoral propaganda and electoral process. 1
CHAPTER-8
CONSTITUTIONAL VALIDITY OF ELECTION SYMBOLS
In Kanhiya Lal Omar Vs. R.K. Trivedi, AIR 1986 SC III, the constitutional validity of the
Election Symbols order was challenged before Supreme Court under Article 324 of the
Indian Constitution. The ground of attack was that system is not to be so construed as to
confer legislative power on the commission to issue such an order. The defence was in the
light of such rules the commission has been clothed with plenary powers to issue the order
in the matter of allotment of symbols. Also under Article 327 of the constitution give power
to make laws with respect of elections. The Commission is empower to issue election symbols
order in the light of power vested by constitutions.
1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 522, New Delhi,Butterworths, First edition
28
CHAPTER-9
NATURE OF SYMBOLS
29
The law makes an appeal that use of religious symbols, national symbols such as
national flat or national emblem is a corrupt practice. Sometimes controversy arises on
this sensitive issue Supreme Court held that “star” reserved for Swatantra Party and
“cock” reserved for Jharkhand party in Bihar are not religious symbols 1.
The law makes an appeal that use of religious symbols, national symbols such as
national flat or national emblem is a corrupt practice. Sometimes controversy arises on
this sensitive issue Supreme Court held that “star” reserved for Swarantra party and
“cock” reserved for Jharkhand party in Bihar are not religious symbols 1.
A great controversy arose with the allotment of symbol ‘calf and cow’, to one of
the splinder groups of Indian national Congress, a recognised national party. It was
argued that ‘calf and cow’ is a religious symbol. Several High Courts took the view that
‘calf and cow’ was not a religious symbol. In India Nehru Gandhi Vs. Raj narain, AIR 1975
SC 2299, in this case Supreme Court held, removing all doubts that ‘calf and cows’ was
not a religious symbol. The Election Law (Amendment) Act, 1975 made a rule under
section 123(3) that no election symbol officially allotted to a candidate shall be deemed
to be a religious or national symbol.
1
Devi E.S.Rama & S.K.Mandiratta. How India Vote Election Law Practice Procedure, Pg No. 524, New Delhi,
Butterworths, 1st edition 2004.
1
30
CHAPTER-10
Prior to 1991, THE election Commission had a number of birds and animals as
election symbols, but is was argued that birds and animals are being subjected to
cruelty, the Election Commission in 1991 decided that no bird or animal is to be
specified as an election symbol.
But the Election Commission did not withdraw the symbols of birds and animals,
which have been reserved for recognized national and state parties. The Commission
requested the concerned parties to surrender such election symbols voluntarily. Now
only very few parties use such symbols like All India Forward Block (Lion), Mizo National
Front (Tiger), BSP, Asam Gana Parisad, Sikkim Sangram Parishad uses the symbol of
elephant. The All India Forward Block was allotted the symbol ‘plough’ in 1994, but later
on the party requested the Commission to restore the original symbol ‘lion’. The
Commission there upon re-allotted the symbol ‘lion’ in 1996 1.
1
Ibid Pg. No. 526
31
CHAPTER-11
The violation of sub-rule (5) of Rule 10 will not invalidate the election. The
election petitioner has also to prove that the result of the election, insofar as it concerns
the returned candidate, was materially affected. Lata Devi vs. Haru Rajwar, AIR 1990 SC
19. In this case the election symbol of the petitioner was changed on 15.2.1985. Polls
were held on 5.3.1985 while the last date of withdrawal was 9.2.1985. It was held that
there was no violation of section 30(d) of 1951 Act which prescribed at least 20 days,
time for election campaign. (Petitioner in this case did not have 20 days time after the
change of symbol).
2. Symbols Use by the State Parties of Their Reserved Symbols in Other States in which
They Are Not Recognized-
If a state party is recognized in one state desires to use it’s reserved symbol
for it’s candidates in other states in which it is not recognized, it can do so, but on the
fulfillment of the following conditions laid down in para 10 of the Symbols Order:
i) The party must make an application for the purpose to the Election Commission
not later than the third day after the publication of the notification calling the election.
Any application received beyond the prescribed time-limit shall not be entertained by
the Election Commission.
32
ii) In such application, the party must specify the name of each constituency in
which it proposes to set up its candidate for whom the above concession is being
sought. But it is not necessary to specify the name of each candidate in that application.
iii) Both the party and the candidate concerned must comply with each of the
requirements of Para 13 of Symbols Order relating to the setting up of candidates by
political parties.
33
symbols order, the Election Commission can correct the mistake. In Premlal Shastri Vs.
Ramesh Chandra Yadav, AIR 1987 All 221, the court held that the commission cannot
direct the returning officer to accept any authorization from a party beyond the
prescribed time limit.4
CHAPTER-12
The symbol reserved for a national party can be exclusively used by it and its
candidates in all states throughout India. But a state party has a symbol reserved for it
only in the state or states in which it is so recognised. Previously, the Election
Commission in some cases reserved same symbol for different state parties in different
states. A controversy arose with the symbol ‘elephant’ which was symbol of Bahujan
Samaj Party in State of Madhya Pradesh, Punjab and Uttar Pradesh; for Asam Gana
Parishad in Assam, for Pattali Makkal Katchi in Tamil Nadu, for SSP in Sikkim. Later
Bahujan Samaj Party became national party, they desires that the symbol elephant to be
reserved for it in all states, but the request was not granted. BSP make an agreement
that they will not contest election in Assam, Tamil Nadu and Sikkim on the symbol
elephant. In order to avoid any such piquant situation arising again, the Election
Commission has now decided that a symbol reserved for a state party in any state will
not hereafter be reserved for any other State party in any other state. However, this
decision does not apply to the symbols which already stand reserved for more than one
party as aforesaid.
Election Commission has also decided that a symbol reserved for any state party
in any part of the country will not be specified as a free symbol any where else which
was earlier practiced. This has been done with a view to avoid any confusion in the
minds of public which could otherwise arise whether a candidate was an independent
candidate or a candidate set up by the party for whom that symbol stood reserved in
some adjoining state.. This rule also implies that, except for a few state parties which
have a common symbol as aforesaid, all other state parties have an exclusive symbol
reserved for them which they can use in all other states also, subject to certain
conditions which have been discussed below separately.
4
V.S.Rama Devi and S.K Mendiratta, How India Votes, 530, New Delhi, Butterworths, First edition.
34
CHAPTER-13
After the fourth general election in 1967, the Election Commission considered
to codify the provision relating to recognition of political parties. So that it would be easy
to get recognition. Accordingly, the Commission on 31st August 1968 promulgamated an
order called the Election Symbols (Reservation and Allotment) Order, 1968. The order
made written provisions for registration of parties, reservations, choice and allotment of
symbols at elections. Para 18 of the order gives the Election Commission all residuary
powers to remove any difficulty arising in the implementation of the order or to deal
with a situation for which no provisions are there1.
This order was made applicable only in relation to elections to the House of
People and State Legislative Assemblies (other than Legislative Assembly of Jammu and
Kashmir). Under Article 324 of the Indian Constitution, which says about
superintendence, direction, and control of elections in Parliament and State Legislature
and power under rule 5 and 10 of the conduct of Election Rule, 1961 is to be made
effective. Under rule 51, Election Commission is to notify in Gazette of Central and State
about the specified symbol that can be chosen by candidates. Rule 10(4) states that
during election returning officer is to consider the choice of symbol 2.
1
Devi. E.S.Ram & Mandiratama. S.K.How India Votes Election Law Practice Procedure, Pg. No. 486, New Delhi,
Butterworths, 1st edition 2004
2 Ibid. Pg No. 487
35
SYMBOL SYSTEM APPLICABLE ONLY IN PARLIAMENTARY AND ASSEMBLY
CONSTITUTNCIES
One thing needs to be specially noted that the symbol system is in vague only in
elections to the house of the people and state legislative assemblies and not in elections
to the council of states and state legislative councils, the reason being obvious that it is
only in the elections to the House of the People and state legislative assemblies that the
common people vote and many of them by reason of illiteracy need assistance in the
form of symbols to identify on the ballot papers the candidates of their choice. The
ballot papers for elections to the upper houses do not contain any election symbols. But
after the addition of the Tenth Schedule to the constitution in 1985 providing for
disqualification on the ground of defection, the party affiliation of the candidate is
shown in the ballot papers for elections to the upper house also, so that after his
election his political affiliation can be identified for the purposes of that schedule. 1
1
Ibid. Pg. No. 522
36
DISPUTES REGARDING SYMBOL
Political party may come into existence and they may go out of existence. Parties
may unite or parties may split. Frequent splits in political parties occasional
amalgamations have given rise to good amount of litigation before the Election
Commission and the Courts. Paragraphs 15 and 16 pf the Symbol Order, 1968 deal with
the power of the Commission in relation to splinter groups of rival Sections of a
recognized political party and in cases of amalgamation of two or more political parties.
Under these paragraphs the Election Commission has power to decide which one of
such rival Sections or groups is the recognized political party. Such a decision will be
taken after hearing such representations of separated groups or sections. Paragraph 16
gives power to the Commission to decide whether such newly formed party should be a
National Party or a State Party and which symbol shall be allotted to it.
In C.Parushram Naidu vs. N. Vantakarami Naidu, Andhra Pradesh High Court was
faced with the question whether the Election Commission has power to order change of
symbol allotted to a candidate. It was contended before the Court that the change of
symbol was without jurisdiction because sub-rule (5) of rule 10 of the Conduct of
election Rules, 1961 authorized the Election Commission to revise allotment of symbol
only. It has no jurisdiction to change it. The High Court held that the jurisdiction of the
Commission is preserved to issue orders for change of symbol subsequent to the order
of allotment and this jurisdiction is conferred on the Commission by virtue of the powers
vested in it under Article 324 read with Rule 10(4) of the Conduct of Election Rules and
Para 18 of the Election Symbol (Reservation and Allotment) Order, 1968. 5
5
Anand Ballabh Kafaltiya, Democracy & Election Laws, No , Deep & Deep Publications Pvt. Ltd.
37
WITHDRAWAL OF ELECTION SYMBOL REMEDY
The term ‘election’ covers the entire process from the issue of the
notification under sec. 14 (Notification for general election to the House of the people)
to the declaration of result under sec. 66 (Declaration of result) of the Act. Withdrawal
of a symbol allotted to a candidate and the allotment of a fresh symbol also comes
within the term election. Therefore, the bar provided under Act. 329(b) (Bar to
interference by courts in electoral mattes, except a petition presented to such authority
as prescribed) of the constitution and sec 80 (Elections cannot be called in question
except a petition is presented in accordance with the provisions of the Act) of the
Representation of Peoples Act would be operative only remedy available is to file
election petition held in Kerala High Court
CHAPTER-14
The following observation of the Supreme Court in All Party Hill Leaders
Conference v Captain W A Sangma and ors shows the permanent importance of symbols
vis-a-vis political parties:
For the purpose of holding elections, allotment of symbol will find a prime
place in a country where illiteracy is still very high. It has been found for experience that
symbol as a device for casting votes in favour of the candidate of one’s choice has
proved an invaluable aid. Apart from this, just as people develop a sense of honors, glory
and political pride for a flag of one’s country, similarly great fervor and emotions are
generated for a symbol representing a political party. This is particularly so in a
parliamentary democracy which is conduct on party lines. People after a time identify
themselves with the symbol and the flag. These are great unifying insignia which cannot
all of a sudden be effaced.
38
i
Kappor. A.C. Principles of Political Science, Pg. No. 644, S. Chand & Company, New Delhi, 2001
2
Ibid, Pg No. 644
ii
CASE LAWS
Janata Dal (Samajwadi) one of the recognized national parties failed to fulfill the
conditions for recognition as a national party on the basis of poll performance at
the general election in 1991. The party questioned that once a party has been
recognized by Election Commission it cannot be derecognized under the symbol
order that Election Commission could not seized a party to be a national party
after it has been recognized. But there is a rule that a national party or state party
shall continue to be as such as long as they fulfill the conditions prescribed. By
the application of the General Clauses Act, section 21 Supreme Court state that
the party ceased to fulfill the condition prescribed in paragraph 6(2) of the Order.
So, Supreme Court held that the decision of the Election Commission was
positive.
The provision of Para 13 of the Symbol order lays that it is mandatory to treat a
candidate as a party candidate and failure to fulfill any of the condition as
mentioned can deprive the party. It has been held that Para 13 of the Symbol order
is as much binding on the Election Commission as on parties and candidates and
the commission could not permit changes or give directions contrary to the
provisions of that Para.
3 .Dr. Jagonnathrao Ganesh Hegde Vs. Chief Electoral Officer, Maharashtra and others.
In the case a farm was not signed by the authorized officer, bearer of the Indian National
Congress; though the consolidated list of the party's candidate submitted to the Chief Electoral
Officer of the State contend his name. The returning officer overlooked the
defect in the form, despite objection of the rival candidates. Election Commission
directed to treat him as an independent candidate and allot his a free symbol. Bombay
High Court held that Election Commission violated the principle of Audi Alteram Partem
and the decision is reviewable. High Court observed that m ischeap must nipped forthwith
otherwise irredeemable injustice would be done to the petitioner.
Here objection was raised regarding the name of the party Telugu Desam and it's
registration. It was claimed that the word Telugu appeals to major linguistic group of the
Andhra Pradesh and the work Desam tendered to promote secessionist tendencies. High
Court rejected the objection stating that linguistic character of a state could not be
deemed to be acting contrary to the intendment of the Constitution or any law,
constitution itself encouraged linguistic basis in states. High Court further observed
Telugu to be recognized official object. So it cannot be said that the name would promote
fissiparous tendencies. No anti-national activity is intended, so High Court orders to go
with the name.
CHAPTER-17
CONCLUSION
From the time of the first general election, Election Commission decided to allot
different symbols to the political parties so that illiterate voters not face any difficulty to
identity the parties of their choice. In Sadiq Ali’s case, the Supreme Court observed that these
symbols originated for a limited purpose but symbol of each political party with passage of
time acquired a great value. Symbol system is now deeply ingratiated into the Indian political
system which is now inseparable. Regarding the recognition of political party the Election
Symbol plays a vital role. The symbols demarcates among national parties, state parties,
recognized parties, unrecognized parties. Recognition of political parties of political parties is
not possible without the symbols. In August, 1968 Election Symbols (Reservation and
Allotment) Order, 1968 was passed, since than registration of political parties started. Under
this statutory provisions political parties require to register under the Symbol order to get
themselves register afresh.
Article 324 of the Indian Constitution and Rule 5 of the conduct of Elections Rules 1961
conferred the power on the Election Commission to adjudicate disputes regarding recognition
of political parties and allotment of Election symbols. Any political party or any person
intending to contest an election can question on the allotment of election symbol or
recognition of a party as political party. Any change in the allotment of symbols by returning
officers with the Election Commission directive falls within the 1951 Act (The peoples of
Representative Act). Election symbol is so much interrelated with the political parties that
during the splits and merges of political parties, symbols create serious problems there arose
confusion with the symbol and argument with it.
The importance of symbols with the political parties needs not exaggeration. Symbols
are in the very soul of the political parties which helps the franchises to select their leaders.
Symbols play a key role to identify the parties or candidates. In fact voters are asked to vote for
the symbol or that symbol.