A party can avail of certain benefits on being recognised as a national party. First, the election symbol of the party will remain unchanged across India. National parties get free broadcast/ telecast times on Akashvani and Doordarshan during the general election.
The decision was based on a review of the parties’ poll performances — the 2014 and 2019 Lok Sabha polls and 21 state assembly polls since 2014
Written by S Y Quraishi
April 17, 2023 07:30 IST
Recently, the Election Commission of India (EC) revised the list of “recognised” national parties and state parties. It recognised the Aam Aadmi Party (AAP) as a national party, giving it a major boost before 2024, while the Trinamool Congress (TMC), Nationalist Congress Party (NCP) and Communist Party of India (CPI) lost their national party status. The country now has six national parties — the BJP, Congress, Bahujan Samaj Party, CPI(M), National People’s Party and AAP.
In 10 separate speaking orders, the EC also revoked the state party status granted to Rashtriya Lok Dal in Uttar Pradesh, Bharat Rashtra Samithi in Andhra Pradesh, People’s Democratic Alliance (Manipur), Pattali Makkal Katchi (Puducherry), Revolutionary Socialist Party (West Bengal) and Mizoram People’s Conference (Mizoram). At the same time it granted “recognised state political party” status to the Lok Janshakti Party (Ram Vilas) in Nagaland, Voice of the People Party in Meghalaya and Tipra Motha in Tripura. The EC also said the NCP will be recognised as a state party in Nagaland and the TMC in Meghalaya, based on their performance in the recent assembly elections.
The EC’s decision was based on a review of the parties’ poll performances — the 2014 and 2019 Lok Sabha polls and 21 state assembly polls since 2014. It has laid down strict technical criteria for a party to be recognised as a national party, based entirely on its electoral performance. A party may gain or lose national/state party status from time to time, depending on the fulfilment of these conditions.
The process of recognition and derecognition is stipulated under the Election Symbols (Reservation and Allotment) Order, 1968, which lays down the criteria for recognition as a national or state party. These specific stipulations also find concurrence in the EC’s Political Parties and Election Symbols, 2019 Handbook.
According to paragraph 6C of the order, amended with effect from January 1, 2014, a party will continue to be a national or state party in the next election even if it fails to fulfil the criteria laid down in paragraphs 6A and 6B. In all the present cases, the parties have exhausted the concession given even after falling short in two successive elections. Among other conditions, paragraph 6A states that a state party must get at least 6 per cent of the votes polled in the last Assembly election and at least two MLAs; or 6 per cent vote share and one MP from that state in the last Lok Sabha election; or 3 per cent of the total seats in the Assembly or three seats, whichever is more.
Similarly, paragraph 6B states that a national party must get at least 6 per cent vote share in four or more states in the last Lok Sabha or Assembly elections and have at least four MPs; or at least 2 per cent of the seats in the Lok Sabha, with its candidates having been elected from at least three states. Paragraph 10 A (a) allows EC to reserve a symbol for a national party that just lost its status provided it applies within three days of notification of the election, a benefit which at least one party has availed in Karnataka.
A party can avail of certain benefits on being recognised as a national party. First, the election symbol of the party will remain unchanged across India. National parties get free broadcast/telecast times on Akashvani and Doordarshan during the general election. More importantly, they can have a maximum of 40 star campaigners whose travel expenses will not be counted in the accounts of the candidates. This is the most important tangible benefit. Recognised “state” and “national” parties need only one proposer to file nomination. They get two sets of electoral rolls free of cost at the time of revision of rolls. Their candidates get one copy of the electoral roll free of cost during general elections. Finally, and more importantly, the parties will have the privilege of consultation with the EC in the setting of election dates, and giving inputs in setting electoral rules and regulations. Additionally, top slots on the EVM/ballot paper are reserved for the national parties. The greater impact, however, will be concerning the public perception of the party, which is why many who have lost national party status are planning to go to courts.
Some parties are questioning the power of the EC though it stands legitimised by the Supreme Court. In Janata Dal (Samajwadi) v Election Commission of India, 1996, the Court held that the EC has the power to rescind the recognition of a national party if that party failed to fulfil the conditions prescribed under the Symbols Order. Furthermore, the Court, in Subramanian Swamy v Election Commission of India, 2008, had considered the argument as to whether a symbol reserved for a party due to grant of recognition under the Symbols Order becomes a part of its identity in the minds of the voters and, therefore, should not be taken away due to subsequent de-recognition. The Court rejected the contention and held that the EC had every right to deprive a political party of its symbol due to its dismal performance in the elections.
Another question being asked is whether the EC has been unduly harsh and could have taken a charitable view. The rules are very specific and repeatedly emphasise that a party is eligible “if, and only if” it fulfils all criteria. The EC has no discretion at all as we discovered to our disappointment in 2010. The RJD case came before us with similar facts where the party had got 5.99 per cent votes. We were extremely sympathetic but our legal adviser clinched the issue by pointing out the language of the rules which specifically used the expression “not less than” 6 per cent votes. Well, 5.99 is definitely less than 6! This was one order we were sorry to pass.
The writer is former Chief Election Commissioner of India and the author of An Undocumented Wonder — The Making of the Great Indian Election
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