Why in news?
The Election Commission (EC) issued an interim order barring rival factions of the Trinamool Congress from using the party name and symbol for upcoming Assembly bypolls in Nandigram and Rejinagar.
UPSC Relevance
Prelims,
Mains
GS2, Salient Features of the Representation of People’s Act.
Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.
Statutory, Regulatory and various Quasi-judicial Bodies.
Statutory provisions
- Rules 5 and 10 of the Conduct of Elections Rules, 1961: Direct the ECI to specify symbols that candidates can choose from and empower Returning Officers to allot symbols to contesting candidates.
- The Election Symbols (Reservation and Allotment) Order, 1968: The primary regulatory framework promulgated by the ECI under Article 324. It lays down rules for symbol classification, reservation, allotment, and dispute resolution.
Classification of Symbols
Symbols are categorized into two main groups under the 1968 Order:
- Reserved Symbols: Exclusively reserved for recognized political parties (National and State parties) for their official candidates.
- Free Symbols: A pool of non-exclusive symbols maintained by the ECI for candidates of Registered Unrecognized Political Parties (RUPPs) and Independent candidates.
Note : Symbols must not depict animals (with limited historical exceptions), religious/communal symbols, or cause public offense.
Rules Governing Symbol Allocation
| Category of Party | Rules & Allocation Mechanism |
| National Parties | Granted an exclusive reserved symbol valid across all parliamentary and assembly constituencies throughout India. |
| State Parties | Granted an exclusive reserved symbol valid in the specific State(s) where they are recognized. Their reserved symbol cannot be allocated to any other party in another State. |
| Registered Unrecognized Political Parties (RUPPs) | Candidates select from the list of free symbols. RUPPs can apply for a common free symbol across multiple constituencies if contesting at least 10% of seats in a State Assembly or Lok Sabha election. |
| Independent Candidates | Allotted remaining free symbols by the Returning Officer on nomination day. If multiple independents request the same free symbol, preference is resolved by draw of lots. |
Powers of the Election Commission of India (ECI)
- Power to Specify and Update Symbols: The ECI periodically notifies and updates lists of reserved and free symbols.
- Power to Adjudicate Party Splits (Paragraph 15): Under Paragraph 15 of the Symbols Order, 1968, the ECI holds exclusive judicial authority to decide which rival faction represents a recognized political party in the event of an internal split. It evaluates legislative and organizational majority, and its decision is legally binding.
- Power to Freeze Symbols: In ongoing split disputes or interim scenarios where a final decision cannot be reached before an election deadline, the ECI can temporarily “freeze” the party’s name and symbol, forcing both rival factions to choose interim names and free symbols.
- Power to Derecognize or Deregister Compliance Default: While the ECI cannot deregister a party except under strict conditions (e.g., fraud or unconstitutional conduct), it can withdraw a party’s “Recognized” status and forfeit its reserved symbol if it fails to perform adequately in general elections.
Practice MCQ
Q. During a panel discussion on election laws and party symbols in India, two experts, ‘A’ and ‘B’, debated the legal powers of the Election Commission of India (ECI):
‘A’ stated: The ECI derives its primary power to allocate symbols and resolve disputes during party splits from The Representation of the People Act, 1951, which explicitly grants the Commission quasi-judicial authority over political party symbols.
‘B’ argued: The ECI’s authority to freeze symbols and decide on rival factions in a split is sourced primarily from executive orders issued under The Election Symbols (Reservation and Allotment) Order, 1968.
Based on the above, select the correct conclusion from the options given below:
(a) Only the view of ‘A’ is correct.
(b) The view of ‘B’ is correct.
(c) The views of both ‘A’ and ‘B’ are correct.
(d) Neither ‘A’ nor ‘B’ is correct.
Answer: (b)
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