Election Symbols

Election symbols play a pivotal role in the democratic process, serving as visual representations of political parties, candidates, and ideologies. In the realm of democratic governance, these symbols transcend mere images, embodying the essence of political identity and principles. From the majestic elephant to the soaring eagle, each symbol carries a rich tapestry of historical significance, cultural connotations, and strategic messaging. In the hustle and bustle of electoral campaigns, these symbols become icons that voters identify with, influencing their choices and shaping the trajectory of nations. In this intricate dance of democracy, election symbols serve as silent yet powerful ambassadors of political narratives, weaving together the diverse fabric of societies into a unified expression of collective will.

Tags: GS2 – Polity – IC – Elections

Table of Contents

Context:

The Supreme Court declined to consider a petition submitted by the ruling Bharat Rashtra Samiti (BRS) party in Telangana, contesting the allocation of election symbols to two other parties.
BRS contended that the symbols assigned to these parties bore a resemblance to BRS’s car symbol, potentially leading to voter confusion during elections.

Election Symbols in India:

An electoral or election symbol is a standardised symbol allocated to a political party.
They are used by the parties during their campaigning and are shown on Electronic Voting Machines (EVMs), where the voter chooses the symbol and votes for the associated party.
They were introduced to facilitate voting by illiterate people who can’t read the name of the party while casting their votes.
In the 1960s, it was proposed that the regulation, reservation, and allotment of electoral symbols should be done through a law of Parliament, i.e., Symbol Order.
The ECI stated that the recognition of political parties is supervised by the provisions of the Election Symbols (Reservation and Allotment) Order, 1968, and so will the allotment of symbols.
Symbols can be either reserved, meaning they are exclusive to a recognised political party (having garnered a minimum amount of votes or seats at the national or state level elections), or ‘free’.
The EC registers political parties for elections and grants them recognition as national or state parties on the basis of their poll performance.
The other parties are declared as registered-unrecognised parties.
Recognition determines their right to certain privileges, such as allocation of party symbols, provision of time for political broadcasts on television and radio stations, and access to electoral rolls.
Every national party and every state party is allotted a symbol exclusively reserved for its use throughout the country and the states, respectively.
Unrecognised registered parties’ candidates, for instance, can choose from free, non-exclusive symbols.
After being selected by parties, in subsequent elections, these symbols are declared free again for others to choose.

Do political parties get to state their preferences?

The 1968 order mandates the EC to provide for the specification, reservation, choice, and allotment of symbols at parliamentary and assembly elections for the recognition of political parties.
Unregistered parties are supposed to give the names of ten symbols, in order of preference, out of the list of free symbols notified by the commission.
As per the 1968 order, the party may, if it so desires, also propose three new symbols of their choice, with the names and clear designs and drawings of the symbols, in the order of preference.
The ECI, then, may consider these symbols for allotment as its common symbol if it finds no objection to allocating such a symbol.
The parties’ proposed symbols should not resemble the existing reserved symbols or free symbols, have any religious or communal connotation, or depict any bird or animal.

Election Symbols (Reservation and Allotment) Order, 1968:

The Election Commission (EC) promulgated this order in 1968.
The Election Symbols Order provides for:
Specification, reservation, choice and allotment of symbols at elections in Parliamentary and State Assembly constituencies.
Registration, de-registration, recognition and derecognition of political parties.
Conditions a party must fulfil to become a national or a state party.
Resolving disputes involving splits in recognised parties or the merger of political parties.
The EC is the only authority to decide issues on a dispute or a merger under the order.
The SC upheld its validity in Sadiq Ali and another vs. ECI in 1971.

Constitutional Validity of the Symbols Order:

The constitutional validity of the Symbols Order was challenged in Kanhaiyalal Omar v. R K Trivedi (1986).
The main objection was that Article 324 of the IC could not be interpreted to have vested legislative powers to the ECI to issue such an order.
The SC repudiated this argument on two grounds:
- Conduct of Election Rules, 1961
- Article 327

Conduct of Election Rules, 1961:

Rule 5 obliges the EC to specify symbols used by the political parties in Parliamentary/State Elections.
Rule 10(4) empowers the ECI to issue general or specific directions to the returning officers at the booth regarding the allotment of symbols.
Rule 10(5) authorises the Commission to revise the allotment of the symbols by the returning officers if they are inconsistent with the directions issued by the EC.
In light of these rules, ECI has the legal authority to promulgate the Symbols Order.

Article 327:

Article 327 provides that Parliament may make provisions concerning all matters relating to elections to the House of Parliament/State Legislature, subject to provisions of IC, including Article 324.
Article 324: Superintendence, direction & control of elections to be vested in an Election Commission.
So, the EC is empowered to issue such orders in light of its broad powers under the IC.

Party Disputes:

EC is the only authority to decide on a dispute in a political party or a merger of political parties.
The Symbols Order mandates that when the EC is satisfied that there are two splinter groups within a recognised party, the question comes within the ECI’s jurisdiction for adjudication.
ECI decides the dispute based on a claimant’s support within a political party in its organisational wing (office-bearers) and its legislative wing (MPs and MLAs).
Generally, the EC’s decision is based on three tests as outlined in the Sadiq Ali case. These tests include:
- Test of Aims and Objects of the Party Constitution
- Test of Party Constitution and
- Test of Majority
The Sadiq Ali order is not about the legislative majority alone. It was about considering all viable tests.
Whenever the EC could not test the strength of rival groups based on support within the party organisation, it only considered the majority among elected MPs and MLAs.
The ECI may decide the dispute in favour of one faction, give the name and symbol of that recognised party, and permit the other group to register as a separate political party.
If both the legislative wing and organisational wing are found indecisive, the ECI also freezes the symbol and asks both factions to choose a new symbol and register themselves with new names.
In 1969, in the first Congress split, the ECI recognised both the Congress (O) and Congress (R) parties.
If reunited in future, the claimants may approach the EC again and seek to be recognised as a unified party.
ECI may restore the symbol and name of the original party.
For splits in registered but unrecognised parties, the ECI usually advises the warring factions to resolve their differences internally or to approach the court.
The decision of the Commission is binding on all such rival sections or groups.

What happens to the group that does not get the parent party’s symbol?

Before 1997, ECI used to recognise the party that did not get the symbol based on the criteria fixed for party recognition under Paras 6 and 7 of the Symbols Order.
If the breakaway party had the support of sufficient MPs/MLAs, as per the criteria, the EC recognised it as a National/State Party.
In 1997, the EC felt that merely having MPs and MLAs was not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
The EC introduced a new rule under which the party’s splinter group—other than the group that got the party symbol—had to register itself as a separate party.
These parties could claim national or state party status only on the basis of their performance in state or central elections after registration.

Source: (IE)

FAQs

Q: What is the significance of election symbols?

Election symbols play a crucial role in helping illiterate voters identify their preferred candidate on the ballot. They serve as visual representations of political parties and candidates, aiding in distinguishing between different choices on the ballot paper.

Q: How are election symbols allocated to parties and candidates?

In many democratic countries, election commissions are responsible for allocating symbols to political parties and independent candidates. This allocation process often involves a combination of lottery systems, negotiations between parties, and regulations set by electoral bodies to ensure fairness and impartiality.

Q: Can political parties change their election symbols?

In some countries, political parties can change their election symbols under certain circumstances, such as mergers with other parties or significant restructuring. However, such changes typically require approval from the relevant election commission and may be subject to specific regulations and procedures.

Q: What happens if multiple parties or candidates want the same symbol?

When multiple parties or candidates request the same symbol, election commissions usually employ various methods to resolve conflicts. This may include prioritizing based on party size or seniority, conducting random drawings, or providing alternative symbols to the conflicting parties.

Q: Do election symbols have any legal protection?

Yes, in many jurisdictions, election symbols are legally protected to prevent misuse or unauthorized duplication. Political parties and candidates are often prohibited from using symbols that closely resemble those of other parties to avoid confusion among voters. Violations of these regulations can result in penalties or disqualification from the electoral process.

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Election Symbols – UPSC