Election Symbol Allotment Process and Issues
Election Symbol Allotment Process and Issues
GS-2: Polity and Governance
(IAS/UPPCS)
Relevant for Prelims:
Election Commission of India, Recognized Political Parties, Registered but Unrecognized Parties, Election Symbols (Reservation and Allotment) Order, 1968.
Relevant for Mains:
Process and issues related to allotment of election symbols, Conclusion.
06/04/2024
Source: The Hindu
Context:
Recently, a political party has raised some questions before the Election Commission regarding allotment of election symbols to 'registered unrecognized parties'.
About election symbols in India:
- An election symbol is a standardized symbol allotted to a political party.
- This election symbol is used by parties during their campaigning and is displayed on Electronic Voting Machines (EVMs), allowing the voter to vote for the respective party by selecting the symbol.
- Election symbols play an important role in the electoral process in India, especially considering the large population that is still illiterate.
- These symbols serve as visual representations of political parties and independent candidates, making it easier for voters to identify their favorite candidates on the ballot.
Allotment of symbols:
- The Election Commission of India (ECI) allots election symbols to political parties and contesting candidates as per the provisions of the Election Symbols (Reservation and Allotment) Order, 1968.
- A recognized political party has a reserved election symbol (symbol) which is not allotted to any other candidate in any constituency.
Election Symbols (Reservation and Allotment) Order, 1968:
- Under para 15 of the order the Election Commission can adjudicate disputes between rival groups or sections of a recognized political party and claim over its name and election symbol.
- The Election Commission is the sole authority to decide the issues of dispute or merger under the order. The Supreme Court (SC) upheld its validity in the year 1971 in Sadiq Ali and another vs ECI.
- It applies to disputes between recognized national and state parties.
- In cases of split among registered but unrecognized parties, the Election Commission usually advises the factions involved in the dispute to resolve their differences internally or approach court.
- In almost all the disputes so far resolved by the Election Commission, a clear majority of party representatives/office-bearers, MPs and MLAs have supported one faction.
- Before the year 1968, the Election Commission issued notifications and executive orders under the Operation of Election Rules, 1961.
- A splinter group of the party had to register itself as a separate party other than the one that received the party symbol.
- They could claim national or state party status only on the basis of their performance in state or central elections after registration.
Main parameters
Recognition of the parties:
- A party is recognized as a 'national' or 'state' party under the provisions of the Symbol Order by the Election Commission of India.
- Criteria for recognition at the state level include winning a certain number of Lok Sabha or Legislative Assembly seats or securing a certain percentage of voting in a general election.
Allotment of symbols:
- Symbols are allotted to political parties and contesting candidates by the Election Commission as per the provisions of the Symbol Order.
- A reserved symbol of a recognized political party which is not allotted to any other candidate in any constituency.
For registered but unrecognized parties:
- If that party contests two Lok Sabha constituencies or 5% of the seats in the Legislative Assembly of a State, as the case may be, one free symbol is allotted as a common symbol during the election.
Rule 10B of Symbol Order:
- It provides that the concession of a common free symbol shall be available to a 'registered unrecognized party' for two general elections.
- Furthermore, a party will be eligible for a common symbol in any subsequent general election if it had secured at least 1% of the votes in the state on the previous occasion when the party availed this facility.
Application for Symbols:
- However such unrecognized party should apply for the symbol in the prescribed format every time.
- It may be made at any time during the period commencing six months before the expiry of the term of the Lok Sabha or the State Assembly, as the case may be.
First come first serve basis:
- Symbols are then allotted on 'first come first serve' basis.
Free Symbols:
- An independent candidate or any person contesting an election on behalf of an unrecognized political party will have to approach the Commission and get a symbol allotted from the list of 'free' symbols available.
- A candidate while submitting the nomination form has to provide three symbols from the free list, one of which will be allotted to him.
Significance of election symbols:
- Helpful for illiterate voters: The main objective of giving symbols to parties is to help the illiterate voters, who cannot read the names of the candidates, to find their candidate on the ballot paper and facilitate their voting by seeing the symbol.
- Political identity: Today symbols represent a much larger role in India's electoral politics, each signifying allegiance to a particular ideology and associated followership of a national leader.
- Differentiating parties: Symbols allow political parties to differentiate themselves from others. They are especially important in a country like India where there are many political parties.
- Symbol Reservation: In the case of a recognized political party, the Commission allows it to 'reserve' a symbol.
- For example, if a political party recognized in a particular state wants to contest elections in another state, it can 'reserve' the symbol it is using. The Commission will be bound, provided that the symbol is not being used by anyone else.
Conclusion:
Election symbols are an integral part of India's democratic process, acting as a visual aid to voters and a representation of political parties and candidates.
The process of allotment and reservation of these symbols by the ECI ensures a fair and equitable system that upheld the principles of democracy.
----------------------------------------------
Mains Question:
How are election symbols allotted to political parties? Discuss the process and issues related to it.