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Recognition/derecognition of political parties

GS Paper 2

Topics Covered: Salient features of the Representation of People’s Act.

 

Recognition/derecognition of political parties

Context:

The Delhi High Court has asked the Centre, Delhi government and Election Commission to respond to a petition seeking derecognition of the Aam Aadmi Party for organising a Ganesh Chaturthi event using public money.

 

What’s the issue?

The petitioner has demanded derecognition of AAP as a party and remove CM Arvind Kejriwal and other ministers from the Constitutional office due to alleged deliberate breach of the Constitution and the Representation of People’s Act in the interest of the public.

 

Registration of political parties:

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 Election 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 in exercise of the powers conferred by Article 324 of the Commission of India and Section 29A of the Representation of the People Act, 1951.

 

To be eligible for a ‘National Political Party of India:

  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.
  2. In addition, it wins at least four seats in the House of the People from any State or States.
  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:

  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.
  2. In addition, it wins at least two seats in the Legislative Assembly of the State concerned.
  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:

  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. The travel expenses of star campaigners are not to be accounted for in the election expense accounts of candidates of their party.

 

Insta Curious:

How Election Commission decides on party symbols? Read this to understand.

 

InstaLinks:

Prelims Link:

  1. Registration of Political Parties.
  2. Recognised vs Unrecognised political parties.
  3. State vs National parties.
  4. Benefits for recognised political parties.
  5. Who is a star campaigner?
  6. Article 324 of the Indian Constitution.
  7. Section 29A of RPA 1951.

Sources: the Hindu.