CHAPTER-1

INTRODUCTION

According to its constitution, India is a “sovereign, socialist, secular,

democratic republic.” Like the United States, India has a federal form of
government.

Political parties have been defined by various writers in various ways.

Political parties makes people politically conscious, i.e., aware them about
the role as citizens which is done through election. For the purpose of
holding elections symbols is of immense importance as election symbols
plays a vital role in demarcating the various political parties among each
other. In our country a great percentage of people could not read the name
of the candidates and the political parties. Thus symbol system helps them
to elect their candidates.

Modern democracy says for participation by all in the democratic

system. So symbol system is a valuable weapon to choose the political
parties. The government exercises its broad administrative powers in the
name of the president, whose duties are largely ceremonial. The president
and vice president are elected indirectly for 5-year terms by a special
electoral college. Their terms are staggered, and the vice president does not
automatically become president following the death or removal from office of
the president.

8
 CHAPTER-2

MEANING OF POLITICAL PARTIES

Politics exists everywhere; it does not come from oak threes, it is

not a gift of any angel, it is a human venture centered in man and
created by man. According to Black’s Dictionary, Political party is an
organization of voters, formed to influence the Governments conduct
and polities by nominating an electing candidate to public office 1.
According to Michael Curtis, it is notoriously difficult to define
accurately a political party. The reason is that the views of the Liberal
and Marxist writers differ sharply on this point also the English liberals
and the Americans have different views2.

Essentially a political party is a voluntary association of

individuals with a common set of beliefs and political goals, who work
to get with a desire to take control on become part of the government.

The liberal view is that the first and foremost aim of each
Political Party is to prevail over the others in order to get into power or
to stay in it3.

According to Marxists, a political party is the most organized and

active section of any class or part of that class or coalition of classes in
a society. Parties reflect ideology that is a theory of society from which

1
Black’s Dictionary, Pg no-1179, 7th Edition, United States of America, West Group, 7th edition
1999
2
Johari. J.C.Indian Government & Politics, Pg No. 557, Delhi, Vishal Publication, 1st edition 1977
3
Bhattacharya, D.C., Political Theory, Pg no-554, Kolkata, Vijoya Publishing house, 8th Edition
2003.

9
 a program of political action can be derived. Parties reflect interests,
which give each its particular characters4.

The key point of English view on political party is the issue of

“principles” of public importance on which the members of a party are
agreed. Disraeli defined political parties as “a group of men bonded
together to pursue certain principles”1.

The Americans views in a different way, to them political party is an

instrument of catching power, it is a platform to achieve the power.

A definition of political party has three essential ingredients-First, it is

an organization of persons who are more or less agreed on some
important matters of public policy.

Second, it is an organization whose main aim is to take part in the

struggle for power. Last, it is a body whose members make concerted
efforts to implement their policies and programs by constitutional
(democratic) means.

Five conditions are necessary to constitute a political party, are as

follows –

1. That they agree upon certain fundamental principles of public policy

and have a political ideology of their own;

2. That in pursuit of their political objectives, they formulate a

‘practical program’ and ‘platform’ and in doing so aim at unity
within its own ranks and at making an effective appeal to the
electorate;

3. That they create an effective organization for putting across to the

people their ideology and program, and if successful in capturing
power, in carrying their program into action;

4
Ibid, at pg 555.
1
Johari. J. C., Indian Government & Politics, Pg. No. 558, Delhi, Vishal Publications, 1st edition
1977

10
 4. That their programs formulated in such a manner as to promote the
general interests of the people as a whole and not only of a
particular section or community however large or important it
may be there is a condition which has not always been observed
in practice and therefore there are religious, communal and
sectional parties existing particularly in several countries of
Europe and Asia, and America.

5. That they employ only ‘constitutional methods’ and work strictly

within the framework of the constitution, thus there is no room
for a ‘revolutionary’ party in a democracy. A communist party,
whatever its ultimate am, if it is to function as a political party in
a democratic state, must forswear violence or the use of force in
its struggle for the capture of political power and agree to use
only peaceful, constitutional means like other political parties in
the State1.

DEFINITION OF POLITICAL PARTIES

There is no statutory or constitutional definition of the term
‘political parties’.

“However the word political party denotes two broad meanings-

one, it has to be a party which has some political aims and objects
ultimately with a view of gaining power. Secondly a political party must
represent a section of the people without which it cannot be called a
political party.

Till 1988 there was no direct reference to political parties as

regard their definition in law. Even the Tenth Schedule which was
added to the Constitution in 1985, have not define the term ‘political
party’. It was clause 2(h) of the Election Symbols (reservation and

1
Ibid Pg. No. 560

11
 Allotment) Order, 1968 which define a political pary in the following
words:

“Political party” means an association or body of individual

citizens of India registered with the Commission as a political party
under paragraph 3 and includes a political party deemed to be
registered with the commission under the proviso to sub-paragraph (2)
of that paragraph.”1

“According to Marxists, a political party is the most organized

and active section of any class or part of that class or coalition of
classes in a society. Parties reflect ideology that is a theory of society
from which a programmed of political action can be derived. Parties
reflect interests which give each its particular character.”2

According to R.M. Mac Iver ‘A political party is an association

organized in support of some principles or policy which by
constitutional means it endeavors to make the determinant of
Government.’

According to R.N. GIlchrist ‘A political party is an organised group

of citizens who prefers to share the some political views and who by
acting as a political unity try to control the Government. The Chief aim
of a party is to make its own opinion and policies prevail.’

Though political party is recognized by the Constitution of India

but is not defined there. Political parties are now registered with the
Election Commission under section 29A of the 1951-Act.

1. Anand Ballabh Kafaltiya, Democracy & Election Laws, No , Deep & Deep Publications Pvt.
Ltd.

2. D.C. Bhattacharya, Political theory, 554, 8th Edition, 2003, Kolkata, Vijoya Publishing
House.
But the Act defines a ‘political party’ in section 2(1) (f) merely
to mea an association or a body of individual citizens registered with
the Election Commission as a political party under section 29A. Section
29A(1) provides that any association if apply for registration as a
political party. Other enactment, like, the income Tax 1961, also speak
about political parties in the same vein to mean associations or bodies

12
 of individual citizens register with the Election Commission as political
parties1.

The Encyclopaedia Britannica defines a political party as a

group of persons organized to acquire and exercise political power. All
parties develop a political program that defines their ideology and set
out the agenda they would pursue should they win elective office or
gain power through extra parliamentary means. Most countries have
single-party, two-party, multi-party system.

EVOLUTION OF POLITICAL PARTIES

“In the parliamentary system of governance which the

Constitution adopted for the country, the existence of political parties
was implicit and inevitable. Even before the country achieved
independence, political parties had been playing crucial role in the
freedom movement and were also participating in elections at central
and provincial levels, however the Constitution was silent altogether
with regard to their existence right up to 1985. it was only in 1985 that
their existence and functioning in the political field came to be
recognised for the first time by the Constitution- that too not direct but
in the form of the Tenth Schedule thereto as inserted by the
Constitution (Fifty-second Amendment) Act 1985, making political
defections a ground for disqualification for membership of Parliament
and state legislatures.

Even after the existence of political parties being recognised

by the Constitution, there is no precise definition of political party in
the Constitution or in any statutory law. Political parties are now
registered with the Election Commission under section 29a of the 1951
Act. But the Act defines a ‘political party’ in section 2(1)(f) merely an
association or a body of individual citizens registered with Election
Commission as a political party under section 29A. Section 29A(1)
provides that any association or body of individual citizens of India

1
Devi E.S.Rama & Mandiratta. S. K. How India Votes-Election Law Practice Procedure, Pg No.
480, New Delhi, Butterworths, 1st edition 2004

13
 ‘calling itself a political party’ may apply for registration as a political
party. Other enactments, like the Income Tax 1961, also spark about
political parties in the same vein to mean associations or bodies of
individual citizens registered with the Election Commission as political
parties.”1

ORIGIN OF POLITICAL PARTIES

Historically, the emergence of political parties has accompanied the

growth of modern electorate. Indeed the latter made the former, moreover
the right to vote was extended, it became necessary for political
organizations to organize the electors. Parties acquire new character with the
development; they became mass organizations, linking together a large body
of citizens with their representatives in the legislative assemblies. They
develop institutions of their own and with a view to fighting and winning
elections, they collected financial contributions. In this way the parties
responded to the real need. Without them the millions of voters who
composed the new electorate would have become a disorganized crowed
unable to formulate their aims or debate the important and many issues they
confronted. “By means of parties, the voters obtained a medium that, to
state it in no stronger terms, afforded a chance of rational and coherent
action12.

The origin of political parties can be determined from the following

sources –

1. HUMAN NATURE : Different human beings have different temperaments,

some are radical, others are reactionary, some are moderate others
are extremists. Thus people form different parties give different
1
V.S.Rama Devi and S.K Mendiratta, How India Votes, 479,New Delhi,Butterworths, First
edition.

2
Kappor. A. C. Principles of Political Science, Pg. No. 642, S. Chand & Company, New Delhi, 2001.

3
Johari, J. C. Indian Government & Politics, Pg. No. 563, Vishal Publication, Delhi, 1977

14
 expression to their combative instincts. In the words of mains, popular
feeling is probably far more a survival of the intellectual differences
between men and men.3

2. ECONOMIC INTEREST : The more realistic basis of division into parties is

the conflicts of economic interests. Difference in possessions,
economic out look of the people and economic conditions are the vital
forces behind the formation of political parties, some are capitalists
others are communists or socialists, some have a view to nationalized
public sectors others have the view to privatize. There may be some
force in the opposite argument that politics is not at all economic, but
certainly without economics, politics is an utter mysteryi.

3. ENVIRONMENTAL EFFECT : It is often claimed that men inherit their

politics alike religion. The young man joins a particular party, because
his father belongs to it. Party allegiance, like property, is often
transmitted from generation to generation. In combination there can
be influence of group interest and the present political system
prevailing for example-German descent to the republicansii.

4. RELIGIOUS AND COMMUNAL SENTIMENTS : In Western Countries religious

and communal passions are excluded from the conduct of
Government. But in India unfortunately political parties are divided
on religious grounds although India is a secular country. Familiar
parties like Bharatiya Janata Party, Akali, Sibsena are all political
parties based on religion. They try to develop nation through
communal spirit.

5. IDEOLOGY : Ideology is also a familiar source of political parties. While

the parties of the ‘right’ like Fascists and Nazis are interested in
protecting and promoting the interests of the capitalist and other
affluent classes of the society, the parties of the ‘left’ like socialists

15
 and communists desire a change in the present system so as to
give benefits to the unprivileged and under privileged sections of
the society. It may also be added that the factor of ‘charisma’
attracts people to join a particular party, it depends on the
personalities of the great leader.

CHAPTER-3

CONSTITUTUTION & POLITICAL PARTY

Party system exists outside the legal framework of the State and it is
not referred in the Constitution of any country. The constitution of United
States does not presume existence of political parties. In Britain where party
system first began, there also political parties are unknown to law although
without political parties nature of British Constitution would be changed.
Similarly, political parties in India are extra constitutional, but they are
lifeblood of the system of Government established at the center and in the
states. The Totalitarian States does not accept existence of any opposition.
Professor Brogan realistically points out, “the election of a president really
enough of a national figure to carry out his duties, might have been
impossible. And it is certain that the greatest break down of the American
constitution system, the civil war, came only when the party system
collapsed”.

Gilchrist is of the opinion that the “party system is really the method
whereby the too great rigidity of the American Constitution has been
broken down”2.

Indian Constitution does not define political party but separate law has
been made on it, the most important law in Representation of Peoples
Act 1951.

2
Kappor. A. P. Principles of Political Science, Pg. No. 641. S. Changd & Co., New Delhi, 2001

16
 CHAPTER-4

REGISTRATION OF POLITICAL PARTIES

Prior to 1968 there was no Act. Or Rules or order of Election

Commission for registering a political parties. In August 1968
provisions was made for reserving and allotting elections symbols.
Election Commission gathered knowledge from the general elections
held in 1951, 1952, thereafter they felt the necessity for registering
political parties to regulate the functioning of parties in democratic
manner.

Commission considered that to grant recognition of those

political parties, which are register, in this order by the Election
Commission in Para III detail provisions were made for registrations of
political parties.

The order continues upto 1989. A new part IV A was

inserted in 1951 by Representation of People (Amended) Act, 1988.
The section 29A of the Amended Act tells the process of registrations
of the political parties with the Election Commissions1.

1
Devi. E. S. Rama & Mandiratta. S.K., How India Votes Election Law Practice procedure, Pg. No.
491, Butterworths, New Delhi, 1st Edition 2004.

17
 PROCESS OF REGISTRATION
1. Requirements for Registration-

The first and foremost requirement prescribe under section 29a of the
1951-Act is that the association or body which seeks registration as a
political party under that section should be comprised wholly of the
citizens of India, as is evident from the expression ‘any association or
body of individual citizens of India’ used in the very beginning of that
section. Thus any association or body whose membership is open to
any foreigners ie, non-citizens of India, shall be disentitled to seek
registration as a political party. Thus any social or cultural
organisations are not registered under section 29A of the 1951-Act,
unless they call themselves as political parties and intend to contest
elections.

a. Minimum Membership strength.

“The law does not prescribe any minimum membership strength of the
association or body seeking registration as a political party under
section 29A. In the earlier stages after enactment of the section in June
1989, the Election Commission was also not insisting on any minimum
numbers for the formation of a political party. The result was that there
was a mushroom growth of several small associations or bodies,
comprising, in many cases, only a few members of a family, and they
sought and obtained registration with the Commission. This is evident
from the fact that by the time of the 1989- general election to the
House of people, which followed in less than four months since the
enactment of section 29a in June 1989, as many as 261 political
parties had applied for registration. On next general election in 1996
the number of political parties on the register of Commission went up
to 574. The next general election took place in 1998, the number of
political parties on the register of Commission went up further to 657.
Now the Commission is insisting that any applicant party must have at
least 100 such registered electors as its members. Further, all these
100 members have to submit individual affidavits with the party’s
application making a declaration that they are not member of any
other political party. Furthermore, the applicant party has also to

18
 produce certified extracts from the electoral rolls of the parliamentary
or assembly constituencies in which the names of its members are
enrolled as electors. An attested true copy of an electoral identity card
issued to an elector under the authority of the Election Commission is
also accepted as evidence of the person concerned being a registered
elector. The president or the secretary of the applicant party is also
required to furnish another affidavit to the effect that none of the
persons who are claimed to be its members are members of any other
political party.”

b. Processing Fee.

“In addition, the Election Commission has now also fixed under its own
inherent power a processing fee of Rs. 10,000 (rupees ten thousand
only) in respect of every application for registration so as to cover
party the administrative expenditure in scrutinising and processing the
application and also to meet party the expenditure involved in the
correspondence with the party both before and after the registration.
This non-refundable processing fee has to be paid by means of a
demand draft or a cheque. These measure have made a salutary effect
and the flow of applications for registration has now come down to a
trickle and only 33 parties got themselves registered with the
Commission during the year 1999, though it was an election year when
several new parties generally come up, and only 18 parties during the
first half of the year 2000.

c. Time Limit for Making Application.

The law stipulates that any application for registration by a political

party shall be made to the Election Commission within 30 days
following the date of its formation [section29A (2) (b), 1951-Act]. As
the law required that even those political parties which were in
existence at the time of the enactment of section 29a, including the
parties which were already registered with the Election Commission
under the provisions of Para 3 of the 1968 Symbols Order, should also
seek fresh registration, such parties were granted time to apply for
registration within 60 days next following the date of enforcement of
section 29A, i.e., from June 1989 to 14 August 1989.

d. Particulars to be Furnished in the Application.

19
 Under section 29A (4), every application for registration as apolitical
party shall contain the following particulars:

i) the name of the association or body;

ii) the state in which its head office is situate;
iii) the address to which letters and other communications meant
for it should be sent;
iv) the names of its president, secretary, treasurer and other office
bearers;
v) the numerical strength of its members; and if there are
categories of its members, the numerical strength in each
category;
vi) whether it has any local units; if so, at what levels;
vii) whether it is represented by any member or members in
either House of Parliament or of any state legislature; if so,
the number of such member or members.”

1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 493, New Delhi,Butterworths,
First edition.

e. Additional Particulars to be Furnished with the Application.

Under the Registration of Political Parties Order 1992, every applicant

party has to furnish the following additional particulars under section
29A (6) in its application for registration:

i) the political principles on which it is based;

ii) the policies, aim and objects it pursues or seeks to pursue;
iii) its programmers, functions and activities for the purpose of
carrying out its political principles, policies, aims and objects;
iv) the names of its main organs (by whatever names called) their
functions and the names of chairman (by whatever name
called) and other members of such organs;
v) its relationship with the electors and the popular support it
enjoys, and tangible proof, if any, of such relationship and
support.
f. Name of the Party.

In order to avoid any confusion in the minds of the general public

and electors in particular on the ground of similarity between the
names of different parties, the Election Commission insists that the
name of the applicant party should not closely resemble with the name
of an already registered political party.

20
 2. Registered Parties Obliged to Keep Election Commission
Informed of Any Subsequent Changes-

“After a political party been registered by the Election

Commission, it is its statutory duty to keep the Commission duly
informed of any change in its name, head office, office-bearers, address
or in any other material matters, like its constitution

[section 29A(9), 1951-Act]. Where, however, it wants to

change its name the Commission insists that it must obtain its prior
approval in regard to the new name so that there is no objection
thereto on the grounds discussed above.”1

1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 503, New Delhi, Butterworths,
First edition.

3. No Reservation of Symbol for Registered-Unrecognised Parties-

“There is a general misconception that a political party immediately on

its registration gets an exclusive election symbol reserved for it.
However, this not the case. Election Symbols are reserved only for
those political parties which after registration fight a general election
and become eligible for recognition as national or state parties, on the
basis of their poll performance as prescribed in the Symbols Order. The
registered-unrecognised political parties get only a preference in the
matter of allotment of free, ie, unreserved, symbols to their candidates
over the independent candidates. Such allotment is made to their
candidates at the time of elections in respective constituencies and not
in advance. Thus it is quite likely that the candidates of a registered-
unrecognized party may get different symbolism different
constituencies and not a common symbol”3

31
Ibid 504.

21
CASE LAW – In Socialists party Vs. Election Commissioner of India, the
high Court held that no right of writ of mandamus could be issued
unless there is refusal be Election Commission to consider the prayer
of the petitioners.

Registration is must under the Representation of People,

Act. Various rules have been stated under the Act, which have been
mentioned earlier. Some other rules are like – at least there should be
strength of 100 registered electors as members to applying for
registration. An affidavit is to be given that persons who claim to be
the members must not be members of any other Political Parties
Election Commission has now also fixed processing fee of Rs. 10,000
with application1.

1
Devi E. S. Rama & Manadirratta S. K., How India Votes-Election Law Practice procedure. Pg.
No. – 493, New Delhi, Butteworths, 1st edition 2004

22
 To avoid any confusion of similar kind of party name
Election Commission insists that name of an already registered party
should not closely resemble in the application but with the split of
political parties similar kind of names is common today like Janata
Party and Bharatiya Janata party, Communist Party of India and
Communist Party of India (Marxist)2.

Election Commission ensures that membership of political

party is not confined to any caste or community, it forces to amend
those parties. Election Commission refuse the application of Akhil
Bharat Hindu Nahasabha later, the High Court by accepting the
explanation by the party that by the explanation by the party that by
the world Hindu the party means land of Bharatvatrsha, the party was
registered3.

2
Ibid. Pg no-497
3
Ibid, Pg no.-502

23
 CHAPTER-5
RECOGNITION OF POLITICAL PARTIES
The Act of 1951 states for registrations of the Political Parties u/s 29A,
it also recognised political parties u/s 33, 38 and 52.

Section 52 states that recongised political party means political party

recognised by Election Commission under Election Symbol (Reservation and
Allotment) Order, 1968.The recognition of political party carries various
priveleges, like they get supply of copies of electoral rolls, they get
substantial free telecast during general election.

As recognised political parties are of two categories;

ii) recognised political parties,

ii) unrecognised political parties.

Further recognised political parties are divided into two categories, namely,

i) national parties

ii) state parties.

National Parties and State Parties :

On the basis of performance in election, political parties are recongised

as state parties or national parties. A party recognised in four or more states
on fulfillment of certain criteria are given status of national party. A party
which secure recognition in less than four states, ie, either in a single state
or in two or even three states, is called a state party.

Criteria for Recognition :

The first and foremost requirement for recognition is the party must be
registered with the Election Commission. Under para 6(2), of the Symbols
Order a party is recognised in any state on the fulfillment of any of the
following conditions:

i) If the candidates set up by the party have secured at least six

per cent of the total valid votes polled in the state, either at the
last general election to the House of People held from that state
or at the last general election to the state legislative assembly;
or

24
 ii) If it has, at the last general election to the House of the People,
returned at least one member to that House for every 25
members of that House or any fraction of that number, elected
from that state; or

iii) If it has at the last general election to the state legislative

assembly, returned at least one member to that assembly for
every 30 members of that assembly or any fraction of that
number.

DE-RECOGNITION OF POLITICAL PARTIES

A political party if boycott a election than its recognition

can be cancelled when the ground on which the political party boycotted
the election is not justice either before Election Commission or before
High Court2. There was no express provision in the Act of 1951 under
section 29A for deregistration of registered parties. The order of Election
Commission in a case of Bharatiya Janata Party was challenged before
Supreme Court but it was to latter dismissed. The Election Commission
cancelled the registration on the ground that the party ceased to function
in accordance with the provision of section 29-A (5). So the recognition
cannot took place except on the ground mentioned above.

2
P.C.Jain & K.Jain Chawlas. Pg. Elections Law & Practice, Pg no-1.144, Babri Brothers Delhi, 8th
Edition, 2004

25
 CHAPTER-6

SETTING UP OF CANDIDATES BY POLITICAL PARTIES

Both the patty and the candidate must fulfil certain

conditions if he is to be treated as having being set up or sponsored by
a political party.

The candidate has to made a declaration in the nomination

paper that he has been set up by the political party. The party. The
party must intimate its name to the officer. A party is permitted to
change its candidate by notification1.

It has been observed sometimes a same party give

authorization to more than one candidate in the same constituency.
The Election Commission has an earlier rule to treat all such
candidates to be independent. In Rakesh Kumar Vs. Sunil Kumar2,
Supreme Court took a view that in such cases opportunity is to be
given to the candidate to produce confirmation of the party. After this

1
Ibid. Pg no-1.517
2
(1999) 25CC 489

26
 decision Election Commission made a rule that the nomination which
was first delivered is to be treated as the approved candidate, unless
there is a cancellation by the party authority. The order was made in
paragraph 13A in the Election Symbols (Reservation and allotment)
Amendment order, 19993.

3
Devi E.S.Rama & Mandiratta S.K. How India Votes Election Law Procedure Procedure, Pg no.
520, Butterworths, New Delhi, 1st edition 2004.

27
 CHAPTER-7

ELECTION SYMBOLS

Millions of voters in India are illiterate. To enable them to

exercise their right to franchise through a secret ballot, symbols are
considered absolutely necessary. Symbols help to identify the
contrasting candidates.

Other system available to differential the candidates is painting

the ballot box in different colour or making marks on the boxes. This
system was prevalent in different parts of India before independence.
But it appeared that the system is not satisfactory or workable if
number of candidate’s increases. And it is true as in India there are
innumerable candidates in various parts, in modakuruchi and
constituent assembly in Tamil Nadu there were 1,033 candidates
during State Legislatinve Election1.

In Kanhiya Lal Omar Vs. R. K. Trivedi and Others, in this case

symbol system was challenged Supreme Court held that “India is a
country which consists of millions of Voters”.

For assigning appropriate symbol, the Election Commission

had issued the election symbols (Reservation and Allotment) Order,
1968 in exercise of the power conferred by rule 5 of the conduct of
election rules, 1961 read with Article 324 of the constitution.

1
Ibid Pg No. 481

28
 EVOLUTION OF SYMBOL SYSTEM
“The founding fathers of the Constitution of India
considered the parliamentary form of government as best suited to the
needs and aspirations fo millions in the country on the achievement of
independence. To meet those aspirations, they also felt that the people of
India should themselves choose there representative to the House of the
People and the legislative assemblies of states by direct elections from
the territorial constituencies. They further accepted universal adult
suffrage as the fundamental principal for such direct elections from
parliamentery and assembly constituencies. But thuse vast multitudes of
electors mainly consisted of those who could not even read the names of
candidates in the electoral contests vying for their votes, the level of
literacy being in the neighbourhood of only 16.6 % at that time

. Thus a system had to be evolved whereby this

overwhelming majority of illiterate voters could exercise their franchise in
favour of the candidates of their choice in complete secrecy. The Election
Commission considered several option available in this behalf. The easiest
method which appealed to the Commission then was to assign a separate
ballot box for each candidate and to place a different mark on each such
box so that the distinctive features of such marks might help a voter in
distinguishing between the boxes of the different candidates and in
casting his vote correctly by dropping his ballot paper inside the ballot
box assigned to the candidate of his choice. Here also, the choice before
the Commission lay between having each ballot box painted in a different
colour or marked with a distinguishing symbol pasted on it. Both these
systems had been tried more or less successfully in the past, in different
parts of India at the elections held to various legislative and local bodies
before independence. But it was apprehended that painting of ballot
boxes with different colours would not be a satisfactory or workable
system if the number of candidates in a constituency was very large. The
Commission, therefore, decide in favour of the ‘symbol system’-the
symbols depicting commonly know objects easily recognisable even by
the illiterate voters.”1

1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 480, New Delhi,Butterworths, First
edition.

29
 OBJECTS OF SYMBOL
Election Symbols are commonly known objects, animate or inanimate,
so that it can be easily identified by the general mass of elections despite
their illiteracy and ignorance. During first general election in 1951-52,
Election Commission specified “railway engine” as one of the elections
symbols in certain states. But the Election Commission in 1957 cancelled the
symbol on the ground that in some remote undeveloped area many people
had never seen a “railway engine”. In 1996, in Tamil Nadu in a constituency
in Modakurichi there were 1,033 contesting candidate. With great difficulty
Election Commission could identify 350 commonly known objects, sotto meet
the requirement the Election Commission made an innovation by specifying
the multiple of those objects, for example one bat, two bats, three bats, one
comb, two combs, three combs and so on.

CLASSIFICATION OF SYMBOLS

The Symbols order classifies the symbols into two categories:-

1. Reserved symbols,
2. Free symbols.

A symbol allotted to a recognized national or state party is a

reserved symbol. A symbol not so reserved for any recognized party is
a free symbol. (Para 5, symbols order).

UNIFORM LIST OF SYMBOLS

Election Commission has decided to specify a uniform
list of free symbols for all states and Union Territories. In the recent
general election to the House of People in 1999, the commission has
specified a list of hundred such free symbols, which could be chosen by
an independent candidate or a candidate of an un-recognized party in

30
 parliamentary or Assembly constitution in the country. Previously, this
list use to vary from state to state, number of free symbols specified all
vary which sometimes becomes necessary to add more free symbols in
certain states when number of candidate exceeded number of free
symbols. 1

1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 524, New Delhi,Butterworths,
First edition.

SYMBOL, NOT PROPERTY OF ANY PARTY

A symbol reserved for a recognized party is not its property. In

Sadiq Ali Vs. Election Commission and ors, AIR 1972 SC 187, it has been
held that symbols cannot be divided among the rival or splinter groups of
a party in the event of a split in it.

NO RESERVATION OF SYMBOL FOR UNRECOGNISED

PARTIES
No symbols are reserved for unrecognized registered parties.
There candidates have to choose symbols from out of the list of free
symbols. In All India Maglis-e-Ittebadul Musilmeen and ors Vs. Election
Commission and Another, Writ Appeal No. 1207 of 1994, the Andhra
Pradesh High Court held that an unrecognized party has no right to insists
on the allotment of a particular symbol either to the party or to the
candidates sponsored by it.

The law makes an appeal that use of religious symbols, national

symbols such as national Flag or National Emblem, or use of such symbols is a
corrupt practice. Supreme Court held that “star” reserved for Swatantra Party
and “cock” reserved for Jharkhand Party in Bihar are not religious symbols. In
1971, the Election Commission allotted the symbol of ‘calf and cow’, to one of
the splinder groups of Indian National Congress, a recognised national party. It
was argued that ‘calf and cow’ is a religious symbol. But the High Courts took
the view that ‘calf and cow’ was not a religious symbol. In Indira Nehru Gandhi
Vs. Raj Narain, AIR 1975 SC 2299, in this case Supreme Court held, removing all
doubts that ‘calf and cows’ was not a religious symbol. The Election Law
(Amendment) Act, 1975 made a rule under section 123(3) that no election
symbol officially allotted to a candidate shall be deemed to be a religious or
national symbol. In 1991, Election Commission removed the symbols scales, as

31
scales is associated with justice and judiciary which should not be involved in
electoral propaganda and electoral process.1

CHAPTER-8
CONSTITUTIONAL VALIDITY OF ELECTION SYMBOLS
In Kanhiya Lal Omar Vs. R.K. Trivedi, AIR 1986 SC III, the
constitutional validity of the Election Symbols order was challenged
before Supreme Court under Article 324 of the Indian Constitution. The
ground of attack was that system is not to be so construed as to confer
legislative power on the commission to issue such an order. The defence
was in the light of such rules the commission has been clothed with
plenary powers to issue the order in the matter of allotment of symbols.
Also under Article 327 of the constitution give power to make laws with
respect of elections. The Commission is empower to issue election symbols order
in the light of power vested by constitutions.

1. V.S.Rama Devi and S.K Mendiratta, How India Votes, 522, New Delhi,Butterworths,
First edition

CHAPTER-9

DECLARATION AND CHOICE OF SYMBOLS

VALIDITY OF RESTRICTION PARTIES

A list of symbols is published under sub-rule(1) of Rule 5 by

the Election Commission. The candidate is to choose one particular
symbol out of the list as his first preference and two other symbols.
Election Commission many impose restrictions to the choice of
symbols. When more nomination papers are delivered than the first
one would be taken under consideration. The power imposing
restriction by the Election Commission is an executive power and not a
legislative power. In Bishnu Kumar Singh vs. Ram Bilas Singh, it has

32
 been held that publication of restriction in the Gazette is not necessary
as the rule does not expressly provide for such publication.

NATURE OF SYMBOLS

Election Symbols are commonly known objects, animate or

inanimate, so that it can be easily identified by the general mass of
elections despite their illiteracy and ignorance. During first general
election in 1951-52, Election Commission specified “railway engine” as
one of the election symbols in certain states. But the Election
Commission in 1957 cancelled the symbol on the ground that in some
remote undeveloped area many people had never seen a “railway
engine”. In 1996, in Tamil nadu in a constituency in Modakurichji there
were 1,033 contesting candidate. With great difficulty Election
Commission could identify 350 commonly known objects, so to meet
the requirement the Election Commission made an innovation by
specifying the multiple of those objects, for example one bat, two bats,
three bats and so on.

The law makes an appeal that use of religious symbols,

national symbols such as national flat or national emblem is a corrupt
practice. Sometimes controversy arises on this sensitive issue
Supreme Court held that “star” reserved for Swatantra Party and
“cock” reserved for Jharkhand party in Bihar are not religious symbols1.

1
Devi E.S.Rama & S.K.Mandiratta. How India Vote Election Law Practice Procedure, Pg No. 524,
New Delhi, Butterworths, 1st edition 2004.

33
 The law makes an appeal that use of religious symbols, national
symbols such as national flat or national emblem is a corrupt practice.
Sometimes controversy arises on this sensitive issue Supreme Court
held that “star” reserved for Swarantra party and “cock” reserved for
Jharkhand party in Bihar are not religious symbols1.

A great controversy arose with the allotment of symbol ‘calf and

cow’, to one of the splinder groups of Indian national Congress, a
recognised national party. It was argued that ‘calf and cow’ is a
religious symbol. Several High Courts took the view that ‘calf and cow’
was not a religious symbol. In India Nehru Gandhi Vs. Raj narain, AIR
1975 SC 2299, in this case Supreme Court held, removing all doubts
that ‘calf and cows’ was not a religious symbol. The Election Law
(Amendment) Act, 1975 made a rule under section 123(3) that no
election symbol officially allotted to a candidate shall be deemed to be
a religious or national symbol.

In 1991, Election Commission removed that symbol scales, as

scales are associated with justice and judiciary.

34
 CHAPTER-10

SYMBOLS DEPICTING BIRDS AND ANIMALS

Prior to 1991, THE election Commission had a number of

birds and animals as election symbols, but is was argued that birds and
animals are being subjected to cruelty, the Election Commission in
1991 decided that no bird or animal is to be specified as an election
symbol.

But the Election Commission did not withdraw the symbols of

birds and animals, which have been reserved for recognized national
and state parties. The Commission requested the concerned parties to
surrender such election symbols voluntarily. Now only very few parties
use such symbols like All India Forward Block (Lion), Mizo National
Front (Tiger), BSP, Asam Gana Parisad, Sikkim Sangram Parishad uses
the symbol of elephant. The All India Forward Block was allotted the
symbol ‘plough’ in 1994, but later on the party requested the
Commission to restore the original symbol ‘lion’. The Commission there
upon re-allotted the symbol ‘lion’ in 19961.

1
Ibid Pg. No. 526

35
 CHAPTER-11

ALLOTMENT OF ELECTIONS SYMBOLS

1. Allotment of Symbols to Candidates of National and State

Parties-

A candidate set up by a national party at any election

in any constituency in India shall choose, and shall be allotted, the
symbol reserved for that party, and no other symbol [Para 8(1),
Symbols Order]. Similarly a candidate set up by a state party at an
election in any constituency in a state in which that party is so
recognised shall choose, and shall be allotted, the symbol reserved for
that party in that state, and no other symbol [Para 8(2)]. Even if a
recognised national or state party has not set up its candidates in any
constituencies, its reserved symbol can neither be chosen by nor can
be allotted to any other candidate in such constituency. Directions
issued by the Election Commission for the allotment of symbol to
political parties, old and new, are not discriminatory and they do not
violate Article 14 of the constitution.

The violation of sub-rule (5) of Rule 10 will not invalidate

the election. The election petitioner has also to prove that the result of
the election, insofar as it concerns the returned candidate, was
materially affected. Lata Devi vs. Haru Rajwar, AIR 1990 SC 19. In this
case the election symbol of the petitioner was changed on 15.2.1985.
Polls were held on 5.3.1985 while the last date of withdrawal was
9.2.1985. It was held that there was no violation of section 30(d) of
1951 Act which prescribed at least 20 days, time for election
campaign. (Petitioner in this case did not have 20 days time after the
change of symbol).

2. Symbols Use by the State Parties of Their Reserved Symbols in

Other States in which
They Are Not Recognized-

36
 If a state party is recognized in one state desires to use
it’s reserved symbol for it’s candidates in other states in which it is not
recognized, it can do so, but on the fulfillment of the following
conditions laid down in para 10 of the Symbols Order:

i) The party must make an application for the purpose to the

Election Commission not later than the third day after the publication
of the notification calling the election. Any application received beyond
the prescribed time-limit shall not be entertained by the Election
Commission.

ii) In such application, the party must specify the name of each
constituency in which it proposes to set up its candidate for whom the
above concession is being sought. But it is not necessary to specify the
name of each candidate in that application.

iii) Both the party and the candidate concerned must comply with
each of the requirements of Para 13 of Symbols Order relating to the
setting up of candidates by political parties.

3. Allotment of Symbols to Candidates of Unrecognized registered

Parties-
The allotment of symbols to candidates setup by unrecognised
registered parties is made from out of the list of symbols in accordance with
the provision of Para 12 of the Symbols Order. Each candidate has to choose
three symbols in order of preference. If a candidate filed more than one
nomination paper then first one will be taken in account. For allotting symbol
to a candidate of an unrecognized registered party, preference is give over
all independent candidates, if any of those independent candidates has
opted for same symbol as first choice than symbol will be allotted to him and
not to any independent candidate. But if two or more candidates set up by
different unrecognized registered parties have opted for the same symbol as
first choice than returning officer will decide by lot to which of these
candidates of the aforesaid parties should be allotted that symbol.
This rule of allotment of symbols has two exceptions,

i) If only one of them is at present an unrecognized party but it was

recognized party in last six years of the date of notification of the
election, the symbol will be allotted to such candidate to the
exclusion of all other candidates.
ii) Subject to first exception if any of these candidates is or was,
immediately before the present election a sitting member of any
House, he shall be allotted that symbol. In such case the
candidate will get the symbol of his choice without draw of lot.

37
4. Allotment of Symbols to Independent Candidates-
The allotment of symbols to independent candidates is also
governed by the provision of Symbols order para 12. They are allotted
to candidates of recognized parties, unrecognized registered parties; in
the same manner. If there is only one independent candidate then his
first choice will be granted. When two or more such candidates opted
for same symbols as their first choice than returning officer will allot
the symbol by draw of lots. If one of the candidates immediately before
the election was a sitting member of any House, he will be given
preference.

5. Revision of Allotment of Symbols-

The allotment of symbols made by a returning officer to the candidates
shall be final. However, if any wrong occurred by the returning officer,
the commission has the authority to revise such allotment. In exercise
of this power under rule 10(5) of the symbols order, the Election
Commission can correct the mistake. In Premlal Shastri Vs. Ramesh
Chandra Yadav, AIR 1987 All 221, the court held that the commission
cannot direct the returning officer to accept any authorization from a
party beyond the prescribed time limit.4

CHAPTER-12

LIMITATION ON ALLOTMENT OF ELECTION SYMBOL

1. Restriction on Reservation of Same Symbol for More Than One
state Party-

The symbol reserved for a national party can be exclusively

used by it and its candidates in all states throughout India. But a state
party has a symbol reserved for it only in the state or states in which it
is so recognised. Previously, the Election Commission in some cases
reserved same symbol for different state parties in different states. A
controversy arose with the symbol ‘elephant’ which was symbol of
Bahujan Samaj Party in State of Madhya Pradesh, Punjab and Uttar
Pradesh; for Asam Gana Parishad in Assam, for Pattali Makkal Katchi in
Tamil Nadu, for SSP in Sikkim. Later Bahujan Samaj Party became
national party, they desires that the symbol elephant to be reserved
for it in all states, but the request was not granted. BSP make an
4
V.S.Rama Devi and S.K Mendiratta, How India Votes, 530, New Delhi, Butterworths,
First edition.

38
 agreement that they will not contest election in Assam, Tamil Nadu
and Sikkim on the symbol elephant. In order to avoid any such piquant
situation arising again, the Election Commission has now decided that
a symbol reserved for a state party in any state will not hereafter be
reserved for any other State party in any other state. However, this
decision does not apply to the symbols which already stand reserved
for more than one party as aforesaid.

2. Restriction on Specification of Reserved Symbols as Free

Symbols in Other states-

Election Commission has also decided that a symbol reserved

for any state party in any part of the country will not be specified as a
free symbol any where else which was earlier practiced. This has been
done with a view to avoid any confusion in the minds of public which
could otherwise arise whether a candidate was an independent
candidate or a candidate set up by the party for whom that symbol
stood reserved in some adjoining state.. This rule also implies that,
except for a few state parties which have a common symbol as
aforesaid, all other state parties have an exclusive symbol reserved for
them which they can use in all other states also, subject to certain
conditions which have been discussed below separately.

CHAPTER-13

PROMULGATION OPF ELECTION SYMBOLS

(RESERVATION AND ALLOTMENT) ORDER 1968

After the fourth general election in 1967, the Election

Commission considered to codify the provision relating to recognition
of political parties. So that it would be easy to get recognition.
Accordingly, the Commission on 31st August 1968 promulgamated an
order called the Election Symbols (Reservation and Allotment) Order,
1968. The order made written provisions for registration of parties,
reservations, choice and allotment of symbols at elections. Para 18 of
the order gives the Election Commission all residuary powers to

39
 remove any difficulty arising in the implementation of the order or to
deal with a situation for which no provisions are there1.

EXTENT OF APPLICATION OF SYMBOLS ORDER

This order was made applicable only in relation to elections

to the House of People and State Legislative Assemblies (other than
Legislative Assembly of Jammu and Kashmir). Under Article 324 of the
Indian Constitution, which says about superintendence, direction, and
control of elections in Parliament and State Legislature and power
under rule 5 and 10 of the conduct of Election Rule, 1961 is to be made
effective. Under rule 51, Election Commission is to notify in Gazette of
Central and State about the specified symbol that can be chosen by
candidates. Rule 10(4) states that during election returning officer is to
consider the choice of symbol2.

1
Devi. E.S.Ram & Mandiratama. S.K.How India Votes Election Law Practice Procedure, Pg. No.
486, New Delhi, Butterworths, 1st edition 2004
2 Ibid. Pg No. 487

40
 SYMBOL SYSTEM APPLICABLE ONLY IN PARLIAMENTARY
AND ASSEMBLY CONSTITUTNCIES

One thing needs to be specially noted that the symbol

system is in vague only in elections to the house of the people and
state legislative assemblies and not in elections to the council of states
and state legislative councils, the reason being obvious that it is only in
the elections to the House of the People and state legislative
assemblies that the common people vote and many of them by reason
of illiteracy need assistance in the form of symbols to identify on the
ballot papers the candidates of their choice. The ballot papers for
elections to the upper houses do not contain any election symbols. But
after the addition of the Tenth Schedule to the constitution in 1985
providing for disqualification on the ground of defection, the party
affiliation of the candidate is shown in the ballot papers for elections to
the upper house also, so that after his election his political affiliation
can be identified for the purposes of that schedule. 1

1
Ibid. Pg. No. 522

41
 DISPUTES REGARDING SYMBOL

Political party may come into existence and they may go out of
existence. Parties may unite or parties may split. Frequent splits in
political parties occasional amalgamations have given rise to good
amount of litigation before the Election Commission and the Courts.
Paragraphs 15 and 16 pf the Symbol Order, 1968 deal with the power
of the Commission in relation to splinter groups of rival Sections of a
recognized political party and in cases of amalgamation of two or
more political parties. Under these paragraphs the Election
Commission has power to decide which one of such rival Sections or
groups is the recognized political party. Such a decision will be taken
after hearing such representations of separated groups or sections.
Paragraph 16 gives power to the Commission to decide whether such
newly formed party should be a National Party or a State Party and
which symbol shall be allotted to it.

In C.Parushram Naidu vs. N. Vantakarami Naidu, Andhra

Pradesh High Court was faced with the question whether the Election
Commission has power to order change of symbol allotted to a
candidate. It was contended before the Court that the change of
symbol was without jurisdiction because sub-rule (5) of rule 10 of the
Conduct of election Rules, 1961 authorized the Election Commission to
revise allotment of symbol only. It has no jurisdiction to change it. The
High Court held that the jurisdiction of the Commission is preserved to
issue orders for change of symbol subsequent to the order of allotment
and this jurisdiction is conferred on the Commission by virtue of the
powers vested in it under Article 324 read with Rule 10(4) of the
Conduct of Election Rules and Para 18 of the Election Symbol
(Reservation and Allotment) Order, 1968.5

5
Anand Ballabh Kafaltiya, Democracy & Election Laws, No , Deep & Deep Publications
Pvt. Ltd.

42
 WITHDRAWAL OF ELECTION SYMBOL REMEDY

The term ‘election’ covers the entire process from the

issue of the notification under sec. 14 (Notification for general election
to the House of the people) to the declaration of result under sec. 66
(Declaration of result) of the Act. Withdrawal of a symbol allotted to a
candidate and the allotment of a fresh symbol also comes within the
term election. Therefore, the bar provided under Act. 329(b) (Bar to
interference by courts in electoral mattes, except a petition presented
to such authority as prescribed) of the constitution and sec 80
(Elections cannot be called in question except a petition is presented in
accordance with the provisions of the Act) of the Representation of
Peoples Act would be operative only remedy available is to file election
petition held in Kerala High Court

CHAPTER-14

RELATION BETWEEN ELECTION SYMBOLS AND POLITICAL

PARTIES

The following observation of the Supreme Court in All Party

Hill Leaders Conference v Captain W A Sangma and ors shows the
permanent importance of symbols vis-a-vis political parties:

For the purpose of holding elections, allotment of symbol

will find a prime place in a country where illiteracy is still very high. It
has been found for experience that symbol as a device for casting
votes in favour of the candidate of one’s choice has proved an
invaluable aid. Apart from this, just as people develop a sense of
honors, glory and political pride for a flag of one’s country, similarly

43
great fervor and emotions are generated for a symbol representing a
political party. This is particularly so in a parliamentary democracy
which is conduct on party lines. People after a time identify themselves
with the symbol and the flag. These are great unifying insignia which
cannot all of a sudden be effaced.

44
i
Kappor. A.C. Principles of Political Science, Pg. No. 644, S. Chand & Company, New Delhi, 2001
2
Ibid, Pg No. 644

ii
CASE LAWS

1.Janata Dal (Samajwadi) Vs. Election Commission of India

Janata Dal (Samajwadi) one of the recognized national parties failed to

fulfill the
conditions for recognition as a national party on the basis of poll performance
at
the general election in 1991. The party questioned that once a party has been
recognized by Election Commission it cannot be derecognized under the
symbol
order that Election Commission could not seized a party to be a national party
after it has been recognized. But there is a rule that a national party or state
party
shall continue to be as such as long as they fulfill the conditions prescribed. By
the application of the General Clauses Act, section 21 Supreme Court state
that
the party ceased to fulfill the condition prescribed in paragraph 6(2) of the
Order.
So, Supreme Court held that the decision of the Election Commission was
positive.

2.Prem Pal Shastri Vs. Ramesh Chandra Yadav

The provision of Para 13 of the Symbol order lays that it is mandatory

to treat a
candidate as a party candidate and failure to fulfill any of the condition as
mentioned can deprive the party. It has been held that Para 13 of the Symbol
order
is as much binding on the Election Commission as on parties and candidates
and
the commission could not permit changes or give directions contrary to the
provisions of that Para.
3 .Dr. Jagonnathrao Ganesh Hegde Vs. Chief Electoral Officer, Maharashtra and
others.

In the case a farm was not signed by the authorized officer, bearer
of the Indian National Congress; though the consolidated list of the party's
candidate submitted to the Chief Electoral Officer of the State contend his
name. The returning officer overlooked the
defect in the form, despite objection of the rival candidates. Election
Commission
directed to treat him as an independent candidate and allot his a free symbol.
Bombay
High Court held that Election Commission violated the principle of Audi Alteram
Partem
and the decision is reviewable. High Court observed that m ischeap must
nipped forthwith
otherwise irredeemable injustice would be done to the petitioner.

4. VRV Sree Rama Rao Vs. Telugu Desam

Here objection was raised regarding the name of the party Telugu
Desam and it's
registration. It was claimed that the word Telugu appeals to major linguistic
group of the
Andhra Pradesh and the work Desam tendered to promote secessionist
tendencies. High
Court rejected the objection stating that linguistic character of a state could
not be
deemed to be acting contrary to the intendment of the Constitution or any law,
constitution itself encouraged linguistic basis in states. High Court further
observed
Telugu to be recognized official object. So it cannot be said that the name
would promote
fissiparous tendencies. No anti-national activity is intended, so High Court
orders to go
with the name.

CHAPTER-17

CONCLUSION

From the time of the first general election, Election Commission

decided to allot different symbols to the political parties so that illiterate
voters not face any difficulty to identity the parties of their choice. In Sadiq
Ali’s case, the Supreme Court observed that these symbols originated for a
limited purpose but symbol of each political party with passage of time
acquired a great value. Symbol system is now deeply ingratiated into the
Indian political system which is now inseparable. Regarding the recognition
of political party the Election Symbol plays a vital role. The symbols
demarcates among national parties, state parties, recognized parties,
unrecognized parties. Recognition of political parties of political parties is
not possible without the symbols. In August, 1968 Election Symbols
(Reservation and Allotment) Order, 1968 was passed, since than
registration of political parties started. Under this statutory provisions
political parties require to register under the Symbol order to get
themselves register afresh.

Article 324 of the Indian Constitution and Rule 5 of the conduct of

Elections Rules 1961 conferred the power on the Election Commission to
adjudicate disputes regarding recognition of political parties and allotment
of Election symbols. Any political party or any person intending to contest
an election can question on the allotment of election symbol or recognition
of a party as political party. Any change in the allotment of symbols by
returning officers with the Election Commission directive falls within the
1951 Act (The peoples of Representative Act). Election symbol is so much
interrelated with the political parties that during the splits and merges of
political parties, symbols create serious problems there arose confusion with
the symbol and argument with it.

The importance of symbols with the political parties needs not

exaggeration. Symbols are in the very soul of the political parties which
helps the franchises to select their leaders. Symbols play a key role to
identify the parties or candidates. In fact voters are asked to vote for the
symbol or that symbol.