ECI directed to review common symbol plea for Bihar polls
Source:The Hindu ↗
Why It Matters
The allocation and reservation of election symbols are vital functions of the Election Commission of India, shaping the electoral landscape. Questions about the powers of the ECI, the Election Symbols (Reservation and Allotment) Order, and rights related to contesting elections frequently appear in both Prelims and Mains (GS2) as part of Polity and Governance.
Summary
The Delhi High Court has directed the Election Commission of India (ECI) to consider a plea filed by the Akhil Bharatiya Jan Sangh for the allotment of a common election symbol for the upcoming Bihar Assembly elections. The party asserted that the denial of a symbol violates its statutory and constitutional rights to contest elections. The court mandated the ECI to process the application promptly, highlighting the administrative procedures and powers of the ECI governed by the Election Symbols (Reservation and Allotment) Order, 1968.
Key Points
- The Akhil Bharatiya Jan Sangh moved the Delhi High Court seeking a common election symbol for its candidates in the upcoming Bihar Assembly elections.
- The party argued that denying a common symbol hinders its opportunity to contest elections effectively, invoking constitutional and statutory rights.
- The Delhi High Court directed the Election Commission of India (ECI) to consider and decide on the party's plea expeditiously.
- The case brings into focus the ECI's powers under the Election Symbols (Reservation and Allotment) Order, 1968, regarding the allocation of symbols to unrecognized registered political parties.
Important Terms
Election Symbols (Reservation and Allotment) Order, 1968
An executive order empowering the Election Commission of India to recognize political parties, allot symbols, and resolve disputes regarding splits or mergers within parties.
UPSC context
GS Paper II: Important for Electoral Reforms and the quasi-judicial powers of the Election Commission of India.
Representation of the People Act, 1951
A parliamentary act providing for the actual conduct of elections, qualifications/disqualifications of members, registration of political parties (Section 29A), and corrupt practices.
UPSC context
GS Paper II: Core legislation for Indian elections; frequently tested in both Prelims and Mains.
Article 324
A constitutional provision vesting the superintendence, direction, and control of elections (Parliament, State Legislatures, President, and Vice-President) in the Election Commission of India.
UPSC context
GS Paper II: Constitutional Bodies; defines the independence and plenary powers of the ECI.
Election Commission of India (ECI)
An autonomous constitutional body responsible for administering union and state election processes in India to ensure they are free and fair.
UPSC context
GS Paper II: Statutory/Constitutional bodies; essential for understanding the Indian democratic structure.
Registered Unrecognised Political Party
A political party that is registered with the ECI under Section 29A of RPA 1951 but has not met the vote/seat thresholds to be recognized as a State or National party.
UPSC context
GS Paper II: Political Parties and Electoral Reforms; specifically the rules for common symbol allocation.
Free Symbols
Symbols available for selection by independent candidates and registered unrecognised parties, provided they meet specific requirements like contesting a minimum percentage of seats.
UPSC context
GS Paper II: Electoral process; explains the distinction between reserved symbols for recognized parties and free symbols.
Akhil Bharatiya Jan Sangh
A registered unrecognised political party (established in 1951) that recently moved the Delhi High Court seeking a common symbol for Bihar elections after an ECI denial.
UPSC context
Current Affairs: Illustrates the legal challenges unrecognised parties face regarding parity in symbol allocation.
Prelims Trap
"The right to vote and to be elected in India is a statutory right."
Per the UPSC 2017 official key, it is considered a Constitutional Right (Article 326), even though it is operationalized via the RPA 1951.
Static Concepts Connected
What is the Election Symbols (Reservation and Allotment) Order, 1968?
- Allocation Authority: Empowers the ECI to allocate symbols, categorizing them into reserved (recognized parties) and free (RUPPs/independents).
- Dispute Resolution: Acts as the basis for ECI's quasi-judicial power to resolve disputes between rival factions of recognized parties.
What are Registered Unrecognized Political Parties (RUPPs)?
- Definition: Newly formed parties or those lacking the required vote/seat share to achieve State or National party status.
- Symbol Rights: They do not have exclusive reserved symbols and must apply for common symbols from a pool of free symbols.
- Registration: Must register with the ECI under Section 29A of the Representation of the People Act, 1951.
Cross-Topic Patterns
ECI quasi-judicial role in party splits
The Symbols Order 1968 grants ECI quasi-judicial authority to decide symbol disputes during party splits, a concept frequently tested alongside Tenth Schedule anti-defection mechanisms.
RUPPs and political funding loopholes
The massive growth of Registered Unrecognized Political Parties connects to tax exemptions and funding loopholes, linking election symbol rules directly to political finance and transparency debates.
Expect a Prelims statement confusing ECI's powers under the RPA 1951 with those under the Election Symbols Order 1968 regarding RUPPs.
Linked PYQs · 4
Linked PYQs · 4
- 2017PrelimsGS1
Consider the following statements: 1. The Election Commission of India is a five-member body. 2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. 3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties. Which of the statements given above is/are correct?
- 2017PrelimsGS1
Right to vote and to be elected in India is a
- 2022MainsGS2
Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void ? What remedy is available to the aggrieved party against the decision ? Refer to the case laws.
- 2022MainsGS2
Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.
