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HC to examine ECI decision on allotting permanent symbols

  • Category
    Polity & Governance
  • Published
    15th Mar, 2021

The Madras High Court decided to examine whether it was fair on the part of the Election Commission of India (ECI) to allot permanent election symbols to recognised political parties

Context

The Madras High Court decided to examine whether it was fair on the part of the Election Commission of India (ECI) to allot permanent election symbols to recognised political parties

About

Allotment of permanent election symbols

  • ECI allots permanent symbols to political parties according to Election Symbols (Reservation and Allotment) Order, 1968
  • These parties should be recognized as either national or state party

How these rules are challenged?

  • Allotting a permanent symbol to one set of political parties and denying it to another set of parties amounted to defying the principle of ensuring a level-playing field during the polls, hence this is in contravention to Article 14 (Right to Equality) of constitution
  • The practice of allotting election symbols began after Independence because the majority of Indian voters were illiterates but now the literacy rate in the country has increased to 84% from 12% in 1947, and hence there is no need for allotment of symbols to select parties.
  • The party in power promotes such permanent symbols using public funds and government machinery. This is nothing but exerting undue influence and would amount to corrupt practice under Section 123 of the Representation of the People Act.

Election Symbols (Reservation and Allotment) Order, 1968

  • Classifies political party as recognized or unrecognized political party
  • A recognized party shall be either a national party or state party
  • Conditions for recognition as State party
    • Secured 6% of valid votes and secured 2 seats in SLA election
    • Secured 6% of valid votes and secured 1 seat in Lok Sabha election
    • Secured 3% of total seats or 3 seats in SLA (whichever is more)
    • Secured 1/25 seats of total number of constituencies in the state
    • Secured 8% of valid votes in the State, in Lok Sabha(LS) or SLA election
  • Conditions for recognition as National party
    • In 4 or more states secured 6% votes in LS/SLA election and secured 4 seats in LS
    • Secured 2% seats in LS in minimum 3 states
    • If the party is recognized as state party in 4 states
  • A recognized party will choose a symbol of his choice, reserve it and it shall not be available, as free symbol in the country or that state (in case of state party), for others
  • In case of merger/demerger ECI will decide on the symbol to be allotted to which of the faction
  • If the political party fails to adhere to ‘Model Code of Conduct for Guidance of Political Parties and Candidates’ as issued by the Commission, ECI can withdraw their recognition as state or national party

About ECI

  • Article 324: Superintendence, direction and control of elections to Parliament, Legislature of every State and offices of President and Vice-President to be vested in an Election Commission.
  • ECI has a Chief Election Commissioner (CEC) and such other Election Commissioner (EC) as determined by President.
  • Constitution does not prescribe the eligibility to the post of CEC or EC.
    • CEC is removed in same manner as Judge of Supreme Court
    • EC is removed by President in consultation with CEC.

Verifying, please be patient.

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