PolityGS2

Election Commission Freezes Name and Symbol of a State's Ruling Party

The Hindu·2026-09-23· Read original

"Election Commission Freezes Name and Symbol of a State's Ruling Party"

Prelims Facts

  • •Article 324 of the Constitution gives the Election Commission of India superintendence, direction and control over elections.
  • •Political parties must register with the ECI under Section 29A of the Representation of the People Act, 1951.
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Key Terms

Election Symbols (Reservation and Allotment) Order, 1968

Legal instrument governing reservation, allotment, and freezing of party symbols.

Section 29A, RPA 1951

Provision requiring political parties to register with the Election Commission.

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Study Note

BackgroundCore Concept

Background

Article 324 of the Constitution gives the Election Commission of India (ECI) superintendence, direction and control over elections. Political parties must register with the ECI under Section 29A of the Representation of the People Act, 1951, and successful parties are allotted a reserved symbol under the Election Symbols (Reservation and Allotment) Order, 1968, a subordinate instrument the ECI issues under its rule-making authority. Paragraph 15 of this Order gives the ECI quasi-judicial power: when a recognised party splits and rival groups each claim to be the real party, the ECI can decide which group is entitled to the name and symbol, and may freeze both until it does so.

This power was first tested after a major national party split in 1969. In the resulting case, Sadiq Ali v. Election Commission of India (1971), the Supreme Court upheld the ECI's authority and endorsed a "test of majority": whichever faction commands the support of a majority of the party's elected representatives and its organisational structure is recognised as the continuing party. This doctrine has since guided several later disputes, most prominently a 2022 split within a major regional party, where the ECI's application of the majority test in favour of a faction aligned with the ruling party at the Centre generated sustained debate about whether the process can be neutral when the party in power is itself a stakeholder in the outcome.

The Topic Explained

Registration under Section 29A is compulsory for any party wanting to contest elections, but symbol reservation is a separate, discretionary recognition earned through vote share and seats won. Once a party becomes a recognised state or national party, its symbol becomes legally exclusive to it. A split creates a genuine legal problem: if both factions use the same name and symbol, voters cannot tell them apart. Paragraph 15 exists precisely to resolve this by treating the dispute as a fact-finding exercise rather than a political judgment.

In practice, the ECI examines resolutions passed by the party's national or state executive, the number of elected legislators backing each faction, attendance at organisational meetings, and control of the party's official records, to decide which side commands a genuine majority within the party's own structure. …

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Related PYQs

2017GS2 Mains

To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful?

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2018GS2 Mains

In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?

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Practice MCQs

Politymedium

Match List-I with List-II and select the correct answer using the code given below:

List-I (Instrument/Case)

A.Article 324

B.Section 29A, RPA 1951

C.Election Symbols Order, 1968

D.Sadiq Ali v. Election Commission of India (1971)

List-II (Significance)

1.Registration of political parties

2.Superintendence, direction and control of elections

3.Adjudication of rival claims to a party's name/symbol

4.'Test of majority' doctrine

AA-2, B-1, C-3, D-4
BA-1, B-2, C-4, D-3
CA-2, B-3, C-1, D-4
DA-4, B-1, C-2, D-3
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Politymedium

Consider the following statements about the Election Commission of India:

1.It is a constitutional body established under Article 324.

2.The Chief Election Commissioner can be removed only through a process similar to the removal of a Supreme Court judge.

3.The Election Commission's power to freeze a party's name and symbol during a split flows directly from the Representation of the People Act, 1951 itself.

Which of the statements given above is/are correct?

A1 and 2 only
B1 only
C2 and 3 only
D1, 2 and 3
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Politymedium

As per Section 29A of the Representation of the People Act, 1951, a political party seeking registration with the Election Commission must furnish a memorandum affirming true faith and allegiance to which of the following?

1.The Constitution of India

2.The principles of socialism, secularism and democracy

3.The sovereignty, unity and integrity of India

Select the correct answer using the code below:

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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Politymedium

With reference to the Election Commission's power under the Election Symbols (Reservation and Allotment) Order, 1968, consider the following statements:

1.An order of the ECI freezing a party's name and symbol can be challenged before a High Court under Article 226.

2.The Election Commission's decision under this Order is final and is not subject to judicial review.

Which of the statements given above is/are correct?

A1 only
B2 only
CBoth 1 and 2
DNeither 1 nor 2
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