The recent event that involves the Election Commission allocating the “two swords and shield” symbol to the Maharashtra Chief Minister Eknath Shinde-led faction of the Shiv Sena for the upcoming by-election has triggered a significant interest in the subject of election symbols. The Election Symbols (Reservation and Allotment) Order, 1968, is the legislative tool that empowers the Election Commission to recognize political parties and allot symbols to them.
Key Elements of Election Symbols
An electoral or election symbol is a standardized symbol assigned to a political party. These unique symbols play an important role during the campaigns and voting process. The symbols are visible on Electronic Voting Machines (EVMs), enabling voters to make their choice by selecting their preferred party’s symbol. The introduction of these symbols was primarily aimed at facilitating illiterate individuals who might struggle to read the party’s name while voting.
History and Proposal For Regulation of Election Symbols
Back in the 1960s, there was a proposal that suggested that the regulation, reservation, and allotment of electoral symbols should be administered through parliamentary law, thus leading to the creation of the Symbol Order. In response to this proposition, the Election Commission of India (ECI) confirmed their supervision over the recognition of political parties under the Election Symbols (Reservation and Allotment) Order, 1968, which also dictated the allotment of symbols.
Registration and Recognition of Political Parties
The Election Commission is responsible for registering political parties in the context of elections and acknowledges them as national or state parties based on their performance in the polls. Other parties that do not meet the set criteria are categorized as registered-unrecognised parties. The recognition a party gains determines its right to certain privileges such as allocation of party symbols, provision of time for political broadcasts on television and radio stations, and access to electoral rolls.
Exclusive Allotment of Symbols to Parties
Each national party and state party is assigned a symbol that is reserved exclusively for its use throughout the country and the states respectively. This arrangement is guided by the Election Symbols (Reservation and Allotment) Order, 1968.
Election Commission’s Role in Symbol Disputes
Under Paragraph 15 of the Order, the Election Commission is permitted to resolve disputes among rival groups or sections of a recognized political party that may stake claim to its name and symbol. The Election Commission is the only authority with the mandate to decide on issues concerning disputes or mergers under the order.
The Legal Stand on its Validity
The Supreme Court upheld the validity of the Order in the Sadiq Ali and another vs. ECI case in 1971. The decision applies to disputes in recognized national and state parties whereas registered but unrecognised parties are advised by the EC to solve their differences internally or seek redress in court.
Pre-1968 Scenario and Party Splits
Before the establishment of the 1968 Order, the Election Commission issued notifications and executive orders under the Conduct of Election Rules, 1961. When a party splits, the faction that did not receive the party symbol often had to register itself as a separate entity, potentially claiming national or state party status based on its performance in subsequent elections.
