Registration of political parties

Polity & Governance glossary

Also called: Section 29A of the RPA 1951 · Topic: Political Parties, Party Systems and Anti-defection · NCERT: Class 8, Ch 5 "Universal Franchise and India's Electoral System"; Class 9, Ch 7 "Elections"

Meaning

Registration is how a group of people becomes a political party in the eyes of the law. It is done under Section 29A of the Representation of the People Act 1951, which was added in 1989. The group must apply to the ECI within 30 days of forming. Its constitution must declare:

  • true faith and allegiance to the Constitution;
  • belief in socialism, secularism and democracy;
  • a commitment to India's sovereignty, unity and integrity.

A registered party can accept contributions, gets income-tax exemption and can ask for a common free symbol.

Example

In 2002, in INC v. Institute of Social Welfare, the Supreme Court held that registration is a quasi-judicial act, meaning a decision taken like a court's. So the ECI cannot cancel a registration whenever it wishes. It can do so only on three grounds: fraud, the party giving up its allegiance under Section 29A, or the government declaring the party unlawful.

Don't confuse with

  • Recognition: a further step under the Symbols Order 1968 for parties that meet vote and seat tests. Also, registration is not needed to contest an election, because independents can stand freely.

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