Why in news
- The Election Commission of India issued an interim order barring rival factions of a political party from using its reserved symbol and name in upcoming Assembly byelections.
- The poll body directed both factions to submit alternative temporary names and symbols for allotment.
Key terms
Paragraph 15
Provision in the Election Symbols Order, 1968 granting ECI power to resolve political party splits and symbol claims.
Free Symbol
A symbol not reserved for any recognized political party, available for allotment to unrecognised parties and independent candidates.
What is the legal framework for symbol disputes?
- Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 empowers the Election Commission of India to decide disputes among splinter groups or rival factions of a recognized political party.
- The ECI is the sole statutory authority to decide which faction is the recognized political party, taking into account support in both the organizational and legislative wings.
- In interim scenarios where claims are pending evaluation, the ECI can freeze the original symbol and name to ensure a level playing field.
Key operational mechanism during a split
- Before: Both rival factions claim exclusive right to the reserved symbol and official party designation.
- After: ECI freezes the symbol for both groups, allocating distinct temporary names and free symbols from the approved list for upcoming elections until final adjudication.
Why it matters
- Affirms the ECI's quasi-judicial authority under Article 324 of the Constitution read with the 1968 Order.
- Prevents voter confusion during polls while long-term numerical strength tests are conducted.
Prelims facts
- ECI derives its power to allocate election symbols from the Election Symbols (Reservation and Allotment) Order, 1968, issued under Article 324.
Mains discussion
- Examine the quasi-judicial role of the ECI in adjudicating intra-party splits and maintaining electoral neutrality.
Source: The Hindu
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