Social Welfare: Law For Political Parties
Introduction
A political party must meet the following requirements in order to form and be registered with the Election Commission of India (ECI) in accordance with the legislation (The Representation of the People Act 1951 Section 29A):
- It must consist only of Indian citizens
- It must call itself a political party set up for the purpose of contesting elections to the Parliament and State Legislatures and for no other purpose.
- It must have at least 100 registered electors as its members.
The Secretary of the ECI must receive an application for registration (together with all other supporting documentation) in the format specified.
Additionally, after a political party has been registered with the ECI, it is required by law to notify the ECI promptly of any changes to the party's name, headquarters, officers, mailing address, or any other significant details, such as its constitution.
What guidelines and laws apply to internal party affairs?
The only (limited) provision in the legislation needs an explicit pledge professing true faith and devotion to the Constitution of India and the ideals inherent in it. As of right now, there is no express provision in the law for internal democratic governance of political parties in India.
The ECI further stipulates that the following documents must be included with the party application:
- documents and information related to the organizational structure of the party,
- the powers and functions of its organs
- the method of appointment, details of all office-bearers with processes for their election etc.
Can the Election Commission deregister political parties?
The Constitution or the undertaking made to it at the time of registration cannot be used as grounds for the ECI to deregister parties. A party may only be declared unlawful by the Central Government, if its registration was gained fraudulently, if it alters its internal constitution and notifies the ECI that it can no longer adhere to the Indian Constitution, or if it was fraudulently registered.
Can the Election Commission deregister political parties?
The Constitution or the undertaking made to it at the time of registration cannot be used as grounds for the ECI to deregister parties. If a party amends its internal Constitution and notifies the ECI that it can no longer abide by the Indian CoHow are election symbols chosen and allotted to political parties? A party can only be de-registered if its registration was obtained through fraud, if it is declared illegal by the Central Government, or if it is declared illegal by the Central Government.
Simple graphics used as election emblems are quickly recognized by the majority of voters. Each symbol designates a certain political party and aids the voter in selecting that party when casting her ballot. When people are illiterate and only use symbols to identify the party they want to support, this becomes very crucial.
Whatever party receives which symbol is decided by the ECI. The only parties permitted to reserve symbols for their sole use are those recognized by the ECI. Political parties attempt to be recognized by the ECI for a variety of reasons, one of which being this. Unrecognized parties are allowed to choose any free or unreserved symbol. Click here to get a list of all available symbols.
A National party may only use the emblem designated for it and its candidates in each state in India. On the other hand, state parties only have insignia allocated for them in the state or states where they are officially recognized. A symbol reserved for one state party in any state may not (as of December 1997) be reserved for another state party in any other state or be used freely elsewhere, according to the ECI. nstitution.
How are political parties identified as "regional" and "national" parties?
Based on their historical electoral success and representation in the Lok Sabha/Vidhan Sabha, political parties may be recognized as "National Parties" or "State Parties." Click here to access the necessary qualifications.
Being recognized as a National Party or a State Party has several benefits, but the main one is that all of the Party's candidates may use the reserved emblem when running in elections across the nation or the State, as the case may be. There are more benefits, including
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