State party

Also called: Regional party · Topic: Political Parties, Party Systems and Anti-defection · NCERT: Class 9, Ch 7 "Elections"; Class 10, Ch 2 "Federalism"; Class 10, Ch 4 "Political Parties"; Class 12, Ch 7 "Regional Aspirations"; Class 12, Ch 8 "Recent Developments in Indian Politics"

Meaning

A State party is a political party that the Election Commission of India (ECI) recognises inside one state, because at the last Lok Sabha or assembly election there it passed any one of the five tests in para 6A of the Election Symbols (Reservation and Allotment) Order 1968. NCERT and everyday talk call it a regional party.

Recognition matters because it gives the party a reserved symbol in that state and other election benefits. A party with only votes in one state can still shape national politics through coalition governments.

Explanation

How a party becomes a State party (para 6A)

• First, a party is registered with the ECI under s.29A of the Representation of the People Act 1951 (RPA). Registration alone does not make it a recognised party [3].
• A registered party becomes a State party when it meets the conditions of the Symbols Order [3].
• It must pass any one of these five tests in that state:

#	Test	Election used
1	6% of valid votes + 2 MLAs	Assembly election
2	6% of valid votes in the state + 1 MP	Lok Sabha election
3	3% of assembly seats or 3 seats, whichever is more	Assembly election
4	1 Lok Sabha seat for every 25 seats (or part of 25) that the state has	Lok Sabha election
5	8% of valid votes, with no seat needed (added 2011)	Lok Sabha or assembly election

• Test 5 is the "liberal test". It helps a party that wins many votes but few seats.
• Under first-past-the-post (the candidate with the most votes wins, even without a majority), a party can get a large vote share and still win almost no seats.
• The 8% test still rewards that party with recognition.

What a State party gets

• Reserved symbol. Only its candidates can use the symbol, but only inside its own state. A national party's symbol is reserved across India.
• One proposer. Its candidate needs only 1 proposer to file nomination papers. An independent or an unrecognised party candidate needs 10.
• Free electoral rolls. It gets free copies of the electoral rolls (the lists of voters).
• Broadcast time. It gets free time on Doordarshan and All India Radio during elections (s.39A, RPA 1951).
• Star campaigners. It can name up to 40 star campaigners. Their travel costs are not added to the candidate's expense account.
• Consultation. The ECI consults recognised parties on election matters, such as the Model Code of Conduct (the ECI's rules on how parties and candidates must behave during elections).

Keeping or losing State status

• Continued recognition (para 6C), amended 22 August 2016 [2]:
• A party wins recognition at one general election.
• At the next general election it may fail the tests. It still stays recognised.
• After the election after that, it must pass para 6A again, or it loses State status [3].

• Effect: status is checked after two elections in a row, not after every election. This gives the party a grace period of one election.

• Suspension (para 16A). The ECI can suspend or withdraw recognition if a party breaks the Model Code of Conduct or ignores ECI directions.

• In 2015 the ECI suspended the recognition of the National People's Party under para 16A [4].

Two kinds of "regional" party

"Regional" is a loose label. State parties come in two kinds:

• All-India in organisation, but strong in one state: for example, the Samajwadi Party and the RJD.
• Built around a state's identity: for example, the BJD (Odisha), SDF (Sikkim), MNF (Mizoram) and TRS/BRS (Telangana).
• There are about 60 recognised State parties. Check the current ECI list for the exact number.

In the Constitution and practice

• Legal base:
• The Constitution does not set rules for recognising parties.
• Recognition comes from the Symbols Order 1968, which the ECI issued under Art. 324. Art. 324 gives the ECI superintendence, direction and control of elections.
• The Order also rests on Rules 5 and 10 of the Conduct of Election Rules 1961, which deal with the list of symbols and how symbols are given to candidates.

• The Order is not an Act of Parliament.

• Two kinds of recognised party. A recognised party is either a National party or a State party [3].

• Para 6A sets the State party tests.
• Para 6B sets the National party tests.

• One way to become a National party is to be recognised as a State party in four or more states.

• Symbol disputes. When a party splits, the ECI decides which group gets the party's name and symbol (para 15).

• Sadiq Ali v. ECI (1971): the Supreme Court upheld the Symbols Order. It said the ECI may decide symbol disputes because Art. 324 gives it full control of elections.

• ECI review of 10 April 2023 [2]:

• New State parties:
  • Lok Janshakti Party (Ram Vilas) in Nagaland
  • Voice of the People Party in Meghalaya
  • Tipra Motha in Tripura
• Lost State status:
  • Rashtriya Lok Dal in Uttar Pradesh
  • Bharat Rashtra Samithi (formerly the TRS) in Andhra Pradesh
  • Pattali Makkal Katchi in Puducherry
  • Revolutionary Socialist Party in West Bengal
  • Mizoram People's Conference in Mizoram
  • People's Democratic Alliance in Manipur
• National parties that also lost State status in some states:
  • TMC lost it in Arunachal Pradesh and Manipur.
  • NCP lost it in Goa, Manipur and Meghalaya.
  • CPI lost it in West Bengal and Odisha.

• The ECI may carry out a fresh review after the 2024 Lok Sabha election and later assembly elections. Confirm the current list on the ECI website.

• Rise of State parties since the 1990s:

• More State parties won Lok Sabha seats.
• Parliament became more diverse.
• No single party could easily win a majority, so coalition governments (governments formed by several parties together) became common.
• National parties had to depend on State parties to form governments.

Don't confuse with

• National party (para 6B): a national party's symbol is reserved across India. A State party's symbol is reserved only in its own state. A national party must pass a multi-state test, such as 6% of votes in four or more states plus 4 Lok Sabha seats [3], or 2% of Lok Sabha seats (11 of 543) from at least three states.
• Registered unrecognised party (s.29A, RPA 1951): it is registered but has passed no para 6A or 6B test. It gets no reserved symbol, and its candidates need 10 proposers [3].
• "Regional party" as a label: this is a political description, not a legal category. A party such as the Samajwadi Party has an all-India organisation, yet the law treats it as a State party because of where it passes the tests.
• Suspension (para 16A) vs loss under para 6C: suspension is a penalty for breaking the Model Code or ignoring ECI directions (e.g. NPP, 2015) [4]. Loss under para 6C happens because the party fails the vote or seat tests at two elections in a row.

Prelims Hooks

• State party tests = para 6A of the Symbols Order 1968. The Order is an ECI order under Art. 324, read with Rules 5 and 10 of the Conduct of Election Rules 1961. It is not a law made by Parliament.
• The 8% of valid votes, no seat needed test was added in 2011.
• Seat test: 3% of assembly seats or 3 seats, whichever is more. Lok Sabha seat test: 1 seat for every 25 Lok Sabha seats (or part of 25) of the state.
• Para 6C amended 22 August 2016 [2]: status is now checked after two elections in a row, so a party can fail once and stay recognised [3].
• 10 April 2023 [2]: Tipra Motha (Tripura) became a State party. The BRS lost State status in Andhra Pradesh and the RLD lost it in Uttar Pradesh.
• Trap: a party registered under s.29A RPA is not automatically recognised. Only recognised parties get a reserved symbol [3].

Mains Points

• Votes vs seats:
• The 8% test (2011) and the 2016 grace period make recognition depend less on winning seats.
• This is fair to parties that win many votes but few seats under first-past-the-post.

• Critics say the grace period lets parties keep privileges they no longer earn [2][3].

• Federalism and coalitions:

• State parties grew from the 1990s and pushed state issues into national politics.
• They made coalition governments normal.

• A reserved symbol and free media time strengthen them, which makes the party system more federal.

• ECI power and a level playing field:

• Recognition and de-recognition (e.g. 10 April 2023) rest on the ECI's own order under Art. 324, not on a law of Parliament. Some argue that Parliament should write these rules into law to make them more transparent.
• Free broadcast time and 40 star campaigners favour parties that are already established, so new parties and independents find it hard to compete.
• One reform idea is to share broadcast time by vote share, with a minimum for new parties.

Related concepts

• Election Symbols (Reservation and Allotment) Order 1968
• Recognised political party
• National party
• Indian National Congress

Read more

• Recognition: national and state parties