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Political Parties and Election Symbols
Political Parties and Election Symbols
Political Parties and Election Symbols
INTRODUCTION
8
CHAPTER-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.
1
Black’s Dictionary, Pg no-1179, 7th Edition, United States of America, West Group, 7th edition
1999
2
Johari. J.C.Indian Government & Politics, Pg No. 557, Delhi, Vishal Publication, 1st edition 1977
3
Bhattacharya, D.C., Political Theory, Pg no-554, Kolkata, Vijoya Publishing house, 8th Edition
2003.
9
a program of political action can be derived. Parties reflect interests,
which give each its particular characters4.
4
Ibid, at pg 555.
1
Johari. J. C., Indian Government & Politics, Pg. No. 558, Delhi, Vishal Publications, 1st edition
1977
10
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.
1
Ibid Pg. No. 560
11
Allotment) Order, 1968 which define a political pary in the following
words:
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.
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
12
of individual citizens register with the Election Commission as political
parties1.
1
Devi E.S.Rama & Mandiratta. S. K. How India Votes-Election Law Practice Procedure, Pg No.
480, New Delhi, Butterworths, 1st edition 2004
13
‘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
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
14
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
15
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
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
16
CHAPTER-4
1
Devi. E. S. Rama & Mandiratta. S.K., How India Votes Election Law Practice procedure, Pg. No.
491, Butterworths, New Delhi, 1st Edition 2004.
17
PROCESS OF REGISTRATION
1. Requirements for 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
18
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.”
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.
19
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.
20
2. Registered Parties Obliged to Keep Election Commission
Informed of Any Subsequent Changes-
1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 503, New Delhi, Butterworths,
First edition.
31
Ibid 504.
21
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
22
To avoid any confusion of similar kind of party name
Election Commission insists that name of an already registered party
should not closely resemble in the application but with the split of
political parties similar kind of names is common today like Janata
Party and Bharatiya Janata party, Communist Party of India and
Communist Party of India (Marxist)2.
2
Ibid. Pg no-497
3
Ibid, Pg no.-502
23
CHAPTER-5
RECOGNITION OF POLITICAL PARTIES
The Act of 1951 states for registrations of the Political Parties u/s 29A,
it also recognised political parties u/s 33, 38 and 52.
Further recognised political parties are divided into two categories, namely,
i) national parties
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:
24
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
2
P.C.Jain & K.Jain Chawlas. Pg. Elections Law & Practice, Pg no-1.144, Babri Brothers Delhi, 8th
Edition, 2004
25
CHAPTER-6
1
Ibid. Pg no-1.517
2
(1999) 25CC 489
26
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.
3
Devi E.S.Rama & Mandiratta S.K. How India Votes Election Law Procedure Procedure, Pg no.
520, Butterworths, New Delhi, 1st edition 2004.
27
CHAPTER-7
ELECTION SYMBOLS
1
Ibid Pg No. 481
28
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.
29
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.
30
parliamentary or Assembly constitution in the country. Previously, this
list use to vary from state to state, number of free symbols specified all
vary which sometimes becomes necessary to add more free symbols in
certain states when number of candidate exceeded number of free
symbols. 1
1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 524, New Delhi,Butterworths,
First edition.
31
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
CHAPTER-9
32
been held that publication of restriction in the Gazette is not necessary
as the rule does not expressly provide for such publication.
NATURE OF SYMBOLS
1
Devi E.S.Rama & S.K.Mandiratta. How India Vote Election Law Practice Procedure, Pg No. 524,
New Delhi, Butterworths, 1st edition 2004.
33
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 symbols1.
34
CHAPTER-10
1
Ibid Pg. No. 526
35
CHAPTER-11
36
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:
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.
37
4. Allotment of Symbols to Independent Candidates-
The allotment of symbols to independent candidates is also
governed by the provision of Symbols order para 12. They are allotted
to candidates of recognized parties, unrecognized registered parties; in
the same manner. If there is only one independent candidate then his
first choice will be granted. When two or more such candidates opted
for same symbols as their first choice than returning officer will allot
the symbol by draw of lots. If one of the candidates immediately before
the election was a sitting member of any House, he will be given
preference.
CHAPTER-12
38
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.
CHAPTER-13
39
remove any difficulty arising in the implementation of the order or to
deal with a situation for which no provisions are there1.
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
40
SYMBOL SYSTEM APPLICABLE ONLY IN PARLIAMENTARY
AND ASSEMBLY CONSTITUTNCIES
1
Ibid. Pg. No. 522
41
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.
5
Anand Ballabh Kafaltiya, Democracy & Election Laws, No , Deep & Deep Publications
Pvt. Ltd.
42
WITHDRAWAL OF ELECTION SYMBOL REMEDY
CHAPTER-14
43
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.
44
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
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