Regulation and Allotment of Political Symbols in India

On November 14, 2017, the Election Commission has allotted the “two leaves” symbol to the united front of Tamil Nadu Chief Minister E K Palaniswami (EPS) and Deputy Chief Minister O Panneerselvam (OPS). It was a setback for the rival faction led by V K Sasikala and nephew T T V Dinakaran. Some relevant questions on this issue are as follows:

What is Election Commission’s power to allot symbols to Political Parties?

The power to recognize political parties and allot them election symbols is with Election Commission of India (EC). This power flows to EC via Article 324 of the Constitution; Section 29A of the Representation of the People Act, 1951 and Conduct of Elections Rules, 1961. Using these powers, the election commission had issued the Election Symbols (Reservation and Allotment) Order, 1968 which regulate and govern election symbols of political parties in the country.

In every contested election, a symbol is allotted to a contesting candidate in accordance with the provisions of this order.

There are two kinds of symbols viz. reserved or free.

• A reserved symbol is the one which is reserved for a recognized political party.
• Symbols other than reserved symbols are free symbols.

What are two types of recognized political parties?

A recognized party is either a national party or a state party. There are established criteria regarding state and national parties as follows:

State Party

A political party is recognized as a state party only if it satisfies any of the below conditions:

• It has secured at least 6% of total valid votes in last assembly polls + has sent at least 2 MLAs to legislative assembly. OR
• It has secured 3% of total legislative assembly seats in last assembly polls or has sent at least 1 member to assembly for every 25 members. OR
• It has secured at least 8% of total valid votes in the last assembly polls in the state.

Significance of being a state party

EC recognition of any party as a State Party will entail the party to participate in the all-party meetings convened by the EC/State/Central Government, get a permanent common symbol for all their contestants, privilege to address the voters through the All India Radio and Doordarshan during poll.

National Party

A political party is recognized as a national party only if it satisfies any of the below conditions:

• Secures at least 6% of the valid votes polled in any four or more states, in the Lok Sabha election or to the State Legislative Assembly and (ii) In addition, it wins at least 4 seats in the Lok Sabha from any State or States. OR
• Wins at least 2% seats in the Lok Sabha (i.e., 11 seats in the existing Lok Sabha having 543 members) and these members are elected from at least three different States OR
• It is recognized as a State party in at least four States.

Further, if the political parties are unable to fulfil the above mentioned conditions at any time; election commission has powers to derecognize the same as national or state party.

What are the Election Commission’s powers in a dispute over the election symbol in case a party splits?

As mentioned above, the reserved symbols are allotted to contestants of the recognized political parties while other candidates are allotted free symbols.  The disputes on controversy arose due to split in political parties come under the Para 15 of the Election Symbols (Reservation and Allotment) Order, 1968. This para says:

“When the Commission is satisfied… that there are rival sections or groups of a recognised political party each of whom claims to be that party the Commission may, after taking into account all the available facts and circumstances of the case and hearing (their) representatives… and other persons as desire to be heard decide that one such rival section or group or none of such rival sections or groups is that recognised political party and the decision of the Commission shall be binding on all such rival sections or groups.”

Thus, in such cases, the election commission’s decision is based on its own assessments of facts and circumstances and its decision is also binding. This is applicable to disputes in recognized National and state parties. For registered but unrecognized political parties, the EC generally advises the factions to resolve their differences amicably.

How EC has decided the cases historically?

To better understand how EC works in such circumstances, it would be appropriate to look at past cases. Before 1968, the election commission used to issue notifications and executive orders under the Conduct of Election Rules, 1961. In 1964, there was a high-profile split in Communist Party of India. One of the factions approached EC and urged it to recognize as CPI(Marxist). It provided the list of its MPs and MLAs in several states which supported it. At that time, EC decided to recognize this faction as CPI(M) after satisfying that its MPs and MLAs secured more than 4% votes in three states viz. Andhra Pradesh, Kerala and West Bengal.

After the 1968 Election Symbols order, the first split was in Indian National Congress in 1969. After the death of Dr. Zakir Hussain in 1969, the differences between two groups in congress – one was led by Indira Gandhi and another, called Syndicate, led by K Kamaraj, nominated Neelam Sanjiva Reddy for election to President. However, Indira Gandhi encouraged Vice President VV Giri to contest as an independent candidate. She called for a conscience vote in defiance of the party whip by Congress President Nijalingappa. The presidential election was won by VV Giri and Indira Gandhi was expelled from the party. Thus, two factions emerged in Congress – one (old) led by Nijalingappa while other (new) led by Indira. The dispute over election symbol was taken to Election Commission. The old congress retained the party symbol of a pair of bullocks carrying yoke while the new breakaway faction led by Indira got a symbol of Cow with its calf.

We note here that so far all decisions have been taken by EC. At times, EC was not able to testify the strength of the rival groups on the basis of support to factions within the party. In such cases, EC decided only on the strength of the factions in terms of their elected MPs and MLAs. However, in 1987, at the time of split in AIDMK after death of M G Ramachandran, EC faced a peculiar challenge. At that time, the faction led by MGR’s wife Janaki had support of the MPs and MLAs while faction led by Jayalalitha had support in party organization. Before EC could decide, a rapprochement was reached however.

Can ECs decision be challenged in court?

Yes, Political parties have pleaded in High Courts and Supreme Courts. The current controversy over AIDMK symbol is also sub-judice in Madras High Court and Supreme Court.

What happened recently in AIDMK case?

After death of Jayalalitha, the two factions emerged in AIDMK, each claiming to be original party. Election Commission has allotted the “two leaves” symbol to the united front of Tamil Nadu Chief Minister E K Palaniswami (EPS) and Deputy Chief Minister O Panneerselvam (OPS). It was a setback for the rival faction led by V K Sasikala and nephew T T V Dinakaran. In its 83-page order, the EC said it “is of the considered opinion that the petitioners group led by Shri E Madhusudhanan, O Paneerselvam and S Semmalai, and also supported presently by the impleading applicant Shri E K Palaniswami, the present Chief Minister of Tamil Nadu, enjoys support of majority of members, both in the organisational and legislature wings of the All India Anna Dravida Munnetra Kazhgama.

Prior to this, EC had frozen the party symbol. After this order, the Sasikala group had approached the Supreme Court.