Registration of Political Parties in India

In Context

• The AAP formed a government in Punjab state and opened its account in Goa with two seats and a vote share of 6%.
  • However, AAP is yet to become a national party.

How are Political Parties registered?

• Political Parties registrations are governed by the provisions of the Representation of the People Act, 1951.
• According to the EC, any party seeking registration has to submit an application to the Commission within a period of 30 days.
  • Powers conferred by EC under Article 324 of the Constitution of India and Section 29A of the Representation of the People Act, 1951.
• Section 29A of RPA, 1951: Indian Citizen, Purpose of contesting elections, & 100 registered electors as its members. 
• There is no procedure available for the de-registration of dormant political parties.

Conditions for recognising as a state or national party

• For becoming a state party:
  • Must secure six per cent of the votes during the Assembly elections and two Assembly seats; or
  • Six per cent of votes in the LS from the state and an MP from the state; or three per cent of total Assembly seats or three seats (whichever is greater); or
  • One MP from every 25 Lok Sabha seats or eight per cent of total votes in the state during the Lok Sabha election from the state or the Assembly polls.

• For becoming a National Party:
  • If Party is treated as a recognised political party in four or more states.
  • Get at least six per cent votes in four states in addition to four Lok Sabha seats.
  • It won at least two per cent seats in the LS (i.e., 11 seats in the existing House having 543 members).

Benefits of Political Party Registration

• It is not mandatory to register with the EC, however, registering has its own benefits like:
  • A registered political party can avail itself of the provisions of the Representation of the People Act, 1951, (relating to registration of political parties).
  • The candidates set up by a political party registered with the EC will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. 
  • More importantly, these registered political parties, over course of time, can get recognition as a ‘state party’ or a ‘national party’ subject to the fulfilment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968.
  • As per the rules, if a party is recognised as a ‘state party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the state in which it is so recognised. 
  • If a party is recognised as a ‘national party’ it is entitled to exclusive allotment of its reserved symbol to the candidates set up by it throughout India. 
  • In addition, recognised ‘state’ and ‘national’ parties:
    • need only one proposer for filing the nomination and 
    • are also entitled for two sets of electoral rolls free of cost and 
    • broadcast/telecast facilities over state-owned Akashvani/Doordarshan during the general elections.
  • But no travel expenses for star campaigners

About Election Commission India

• It was established in accordance with the Constitution on 25th January 1950.
• It is an autonomous constitutional body responsible for administering Union and State election processes in India.
• The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils and the offices of the President and Vice President of 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

• Its powers, appointment and duties are mentioned in Part XV of the Constitution (Article 324 to Article 329) and the Representation of People Act.
• 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 the ground of religion, race, caste or sex.
• Article 326: Elections to the Lok Sabha and Legislative Assemblies of States to be on the basis of adult suffrage.
• Article 327: Power of Parliament to make provision with respect to elections to legislature.
• 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.

Source: IE