Allocation of Symbols to Political Parties

Current Situation

• The Nationalist Congress Party (NCP) is currently recognized as a state party in Maharashtra and Nagaland.
• In July 2023, a split occurred within the NCP, with the Ajit Pawar faction claiming support from 41 out of 53 MLAs in Maharashtra’s assembly.
• In February 2024, the ECI recognized the Ajit Pawar faction as the “real NCP” and allotted it the reserved ‘clock’ symbol for the upcoming Lok Sabha elections in April-May 2024.
• The Sharad Pawar faction (NCP-SP) was given a common symbol of ‘man blowing turha’.

Allocation of Symbols

• The Election Symbols (Reservation and Allotment) Order, 1968 empowers the ECI to allot symbols to political parties.
• The ECI can decide on disputes among factions/groups/sections of a recognized political party staking a claim to its name and/or symbol, as per the above-mentioned order.
• The ECI is the only authority to decide on such disputes. The Supreme Court upheld this in the Sadiq Ali Vs ECI case, in 1971.

• Types of Symbols:
  • Reserved Symbols:
    • These are reserved for recognized national and state political parties.
    • Recognized National parties can use its exclusive and reserved symbol across the country.
    • Recognized state party can use its exclusive and reserved symbol in a state in which it is recognized as such.
  • Free Symbols: The ECI has a pool of 197 ‘free’ symbols (as of September 2021) that are allotted to unrecognised parties and independent candidates.

Legal Framework and Tests for Recognition

• In Sadiq Ali vs. ECI (1971), the Supreme Court established a three-test formula for recognizing factions:
  • Aims and Objectives: Evaluating if both factions align with the original party’s goals.
  • Internal Democracy: Assessing adherence to party constitution reflecting inner-party democracy.
  • Majority Support: Determining which faction commands majority support within legislative and organisational structures.

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