Context: There has been a recent controversy regarding allotment of ‘free’ election symbols to some regional political parties in Tamil Nadu, which fall under the category of registered but unrecognized political parties.
Allotment of Election Symbols in India:
- The power of allotment of election symbols in India rests with the Election Commission of India.
- For the allotment of Election Symbols in India, Election Symbols (Reservation and Allotment Order), 1968 has been issued under the Representation of People Act, 1951 and the Conduct of Election Rules, 1961.
About Election Symbols (Reservation and allotment Order), 1968:
There are two kinds of symbols- Free and Reserved.
- The Reserved symbols are of recognised parties- National and State parties.
- The free symbols are chosen by the candidates of unrecognised parties or independent candidates.
- A symbol reserved for a State Party in any State –
- shall not be included in the list of free symbols for any other State or Union Territory; and
- shall not be reserved for any other party which subsequently becomes eligible as a State or National party.
- If any free symbol has been chosen by only one candidate at such election, the returning. officer shall allot that symbol to that candidate, and to no one else.
- If the same free symbol has been chosen by several candidates at such election, then it shall be allotted to candidate set up by an unrecognised political party if all the rest are independent candidates.
For registered but unrecognised political parties, one of the free symbols is allotted as a common symbol during an election if that party contests in two Lok Sabha constituencies or in 5% of seats to the Assembly of a State as the case may be.
Rule 10B of the Symbols Order provides that the concession of a common free symbol shall be available to a ‘registered unrecognised party’ for two general elections.
A party shall be eligible for a common symbol in any subsequent general election if it had secured at least 1% of votes polled in the State on the previous occasion when the party availed of this facility. Such an unrecognised party should however apply for a symbol every time in the prescribed format.