Registration of political parties

Why in news?

• Election Commission recently announced reducing the notice period for registration of new political parties in the five poll-going states from 30 days to 7 days, keeping in view difficulties caused by COVID-19-induced curbs.

Registration of political parties:

• Registration of political parties is governed by the provisions of section 29A of the Representation of the People Act, 1951.
• A party seeking registration under the said section with the Commission has to submit an application to the Commission within a period of 30 days following the date of its formation as per guidelines prescribed by the Commission in exercise of the powers conferred by Article 324 of the Constitution of India and Section 29A of the Representation of the People Act, 1951.
• As per existing guidelines, the applicant association is, inter-alia, asked to publish proposed Name of party in two national daily newspapers and two local daily newspapers, on two days for submitting objections, if any, with regard to the proposed registration of the party before the Commission within 30 days from such publication. 
• However recently notice period for registration of new parties in the five poll-bound states has been reduced to 7 days.

Process of registration:

• To register a political party, an application for registration has to be sent by registered post or presented personally to the Secretary to the Election Commission within 30 days following the date of formation of the party in the format prescribed.
• The application must be accompanied by a demand draft for Rs10,000. It also needs to include a printed copy of the memorandum, rules and regulations or constitution of the Party.
• There should be a specific provision in the Constitution/rules and regulations/memorandum of the party regarding organizational elections at different levels and the periodicity of such elections and terms of office of the office-bearers of the party.
• It also needs to have the latest electoral rolls in respect of at least 100 members of the party to show that they are registered electors.
• Further, individual affidavits from at least 100 members of the party would also be needed to ensure that they are not a member of any other 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 intending to 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.

Eligibility for ‘National Party’ status:

• As per the Election Commission, a political party shall be eligible to be recognized as a National party if:-
  • (i) It secures at least six percent of the valid votes polled in any four or more states, at a general election to the House of the People or, to the State Legislative Assembly; and
  • (ii) In addition, it wins at least four seats in the House of the People from any State or States. OR it wins at least two percent (2%) seats in the House of the People and these members are elected from at least three different States.

Eligibility for ‘State Party’ status:

• For any political party to be eligible for recognition as a State Party in a state, it has to satisfy any of the five conditions listed below.
  • Secure at least 6% of the valid vote and win at least 2 seats in an Assembly General Election.
  • Secure at least 6% of the valid vote and win at least 1 seats in a Lok Sabha General Election.
  • Win at least 3% of the seats or at least 3 seats, whichever is more, in an Assembly General Election.
  • Win at least 1 out of every 25 seats from a state in a Lok Sabha General Election.
  • Secure at least 8% of the total valid vote in an Assembly or a Lok Sabha General Election.

Benefits of state and national party status:

• 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 for exclusive allotment of its reserved symbol to the candidates set up by it throughout India.
• 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.

PRELIMS QUESTION

Consider the following statements:

1. Registration of political parties is governed by the provisions of section 29A of the Representation of the People Act, 1951

2. The candidates set up by a political party registered with the Election Commission will get preference in the matter of allotment of free symbols vis-a-vis purely independent candidates.

3. Constitution or memorandum of the political party seeking registration with Election Commission must include provisions regarding the organizational elections at different levels and terms of office of the office-bearers of the party.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 3 only

(c) 1 and 2 only

(d) 1,2 and 3

                      D

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