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
Same topic · past papers
UPSC has asked this before
These previous-year questions sit on the same topic. Open one to practise the earlier ask.
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2026 · Q4 · GS II · 10 marks
Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters? -
2022 · Q15 · GS II · 15 marks
Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. -
2018 · Q1 · GS II · 10 marks
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? -
2017 · Q14 · GS II · 15 marks
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? (250 words). -
2017 · Q90 · General Studies · 2 marks
Consider the following statements: 1. The Election Commission of India is a five-member body. 2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. 3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties. Which of the statements given above is/are correct?