No statutory bar on bodies with religious names to register as parties

No statutory bar on bodies with religious names to register as parties

Subject : Polity

Context : The Election Commission has told the Supreme Court that “there is no express provision which bars associations with religious connotations to register as political parties under Section 29A of the Representation of the People Act-1951”.

Concept : 

• The affidavit filed in SC points out that the political parties are required to abide by the principle of secularism as mandated by Section 29A of the Act.
• The EC has clarified that in 2005, it had taken a policy decision to not register political parties that had religious connotations, under Section 29A.
• It was submitted that since then no such party was registered and that “certain” political parties mentioned in the writ petition were registered prior to that.

Registration of Political Parties Under Section 29A of RPA,1951

• 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 Election Commission of India.

To be eligible for a ‘National Political Party of India,’ the Election Commission has set the      following criteria:

1. 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
2. In addition, it wins at least four seats in the House of the People from any State or States. OR
3. It wins at least two percent seats in the House of the People (i.e., 11 seats in the existing House having 543 members), and these members are elected from at least three different States.

To be eligible for a ‘State Political Party,’ the Election Commission has set the following criteria:

1. It secures at least six percent of the valid votes polled in the State at a general election, either to the House of the People or to the Legislative Assembly of the State concerned; and
2. In addition, it wins at least two seats in the Legislative Assembly of the State concerned. OR
3. It wins at least three percent (3%) of the total number of seats in the Legislative Assembly of the State, or at least three seats in the Assembly, whichever is more.

Benefits of a recognized political party:

1. 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, and 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.
2. 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 at the time of revision of rolls and their candidates get one copy of electoral roll free of cost during General Elections.
3. They also get broadcast/telecast facilities over Akashvani/Doordarshan during general elections.
4. Political parties are entitled to nominate “Star Campaigners” during General Elections.
5. A recognized National or State party can have a maximum of 40 “Star campaigners” and a registered unrecognized party can nominate a maximum of 20 ‘Star Campaigners”.
6. The travel expenses of star campaigners are not to be accounted for in the election expense accounts of candidates of their party.