Explained: How political parties are registered in India
Former Chief Minister of Punjab Captain Amarinder Singh announced on Wednesday that he would form his own political party in Punjab ahead of the state assembly elections. He said his party’s name and symbol will not be announced until after the election commission’s approval.
The captain said his lawyers were working on the formal process of applying to form a new state party to the Election Commission. Punjab’s legislative elections are expected to take place in February or March 2022.
Registration of a political party
According to the Election Commission, any party wishing to be registered must submit an application to the Commission within 30 days of the date of its formation in accordance with the directives prescribed by the Commission in the exercise of the powers conferred by Article 324 of the Constitution of India and Section 29A of the Representation of the People Act, 1951. The registration of all political parties is governed by the provisions of Section 29A of the Representation of the People Act, 1951.
In accordance with existing guidelines, the applicant is encouraged to publish a proposed party name in two national dailies and two local dailies, and allow two days to submit objections, if any, to the proposed registration of the party to the Commission. within 30 days of publication. The publication notice is also posted on the website of the Election Commission.
To register a political party, an application for registration must be sent by registered mail or presented in person to the Secretary of the Election Commission within 30 days of the date of incorporation of the party in the prescribed format. The format is available on request by mail or at the counter of the EC office and is also available on their website.
The request must be accompanied by a draft request of Rs10,000. It must also include a printed copy of the memorandum, rules and regulations or the constitution of the Party. There should be a specific provision in the Constitution / rules and regulations / party memorandum regarding organizational elections at different levels and the periodicity of such elections and terms of office of party leaders.
He must also have the latest electoral rolls of at least 100 party members to prove that they are registered voters. The request would also require an affidavit signed by the president or the general secretary of the party and sworn in before a first class magistrate / commissioner for oaths) / notary public to the effect that no member of the party is a member of another political party registered with the Commission.
In addition, individual affidavits of at least 100 party members would also be required to ensure that they are not members of another political party registered with the Commission.
Why registering with the EC is important
To be clear, it is not mandatory to register with the Election Commission, but registering as a political party with the EC has its advantage in terms of the intention to avail itself of the provisions of the Law on the representation of the people, 1951, (relating to the registration of political parties).
Candidates formed by a political party registered with the EC will obtain preference in the allocation of free symbols over purely independent candidates. More importantly, these registered political parties, over time, can gain recognition as a “state party” or “national party” subject to compliance with the conditions prescribed by the Commission in the Election Symbols Ordinance. (reservation and allocation), 1968.
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According to the rules, if a party is recognized as a “State Party”, it has the right to attribute its symbol exclusively to the candidates it has created in the State in which it is thus recognized, and if a party is recognized as a “national party”, it has the right to attribute its symbol exclusively to the candidates it has created throughout India. Recognized “state” and “national” parties only need one nominator to run for office and are also entitled to two sets of free voters’ lists and broadcast / televising facilities on Akashvani / State-owned Doordarshan during general elections.
How the EC recognizes a political party as a state or national party
To be clear, not all parties registering with the EC can be given the status of “State Party” or “National Party” by default. There are several conditions that the Commission follows to classify these parts.
According to the EC, “a political party shall be treated as a recognized political party in a State, if and only if the conditions specified in clause (A) are so, or the condition specified in clause (B) is met by this left. . According to clause (A), a party must be engaged in political activity for a continuous period of five years; and has, in the last general election in that State to the People’s House, or, as the case may be, to the State Legislative Assembly, has referred – either (i) at least one member to the People’s House for every twenty-five members of this House or any fraction thereof of that State; or (ii) at least one member of the Legislative Assembly of that State for every thirty members of that assembly or any fraction thereof. “
Clause (B) states that the “total number of valid votes cast by all running candidates nominated by that party in the last general election in the State to the House of the People, or as the case may be, to the State Legislative Assembly, is not less than six percent of the total number of valid votes cast by all candidates standing in that general election in the state.
For recognition of a “national party”, if a political party is treated as a recognized political party in four or more states, only then will it be recognized as a “national party” in all of the states. India, but it will only be maintained to be classified as one as long as that political party continues to qualify for recognition in four or more states on the results of any subsequent general election, either in the House of the People or in the legislative assembly of any state.
The rules also state that if a political party is treated as a recognized political party in less than four states, it will be a “state party” in the state, but only as long as that political party continues to meet the conditions for recognition on the states. results. of any subsequent general election in the House of the People or, as the case may be, in the State Legislative Assembly.