Registration of political parties generally refers to the registration as organisations, though it can also be used to denote a separate process of registering to present candidates for election, which is usually a part of the process of candidate nomination. Even if the procedural requirements for gaining access to the ballot are the same as for the initial registration of parties, the legal framework has the possibility of clearly differentiating between the two.
While the registration of political parties as associations gives them a legal status, protects their name and logos, and conveys their intention to function as a voluntary organisation, the registration to gain ballot access confirms their intention to contest a specific election.
The guiding principle for the registration of political parties is the “freedom of organisation”, which concerns the freedom to form and join political parties and other political organisations. The principle deals with the legal rights of such political parties or organisations, such as the protection of their name and logo, and protection from discrimination based on political conviction or the ethnicity, language, or religion of its members.
It is good political practise to ensure that the legal framework clearly specifies when, how, and where registration procedures must be undertaken, what the requirements for registration are, and how the verification of registration will take place. The electoral legal framework should provide for uniformity in the registration process so that the same registration process applies to all political parties at all levels. To ensure fairness, the grounds for rejection of a registration application have to be based on objective criteria, explained clearly to the applicant or applying party, and have to be clearly stated in the legal framework for elections, along with the mechanism for appealing against such rejection. Correctly applied, this protects political parties against arbitrary discrimination and ensures equal access to the electoral process for all qualified candidates—whether party-based or independent
In systems where registered political parties have access to public funds, broadcasting time on radio and television, free or discounted postal services, or other forms of public support, requirements are often stricter and demanding enough to discourage the registration of groups with little or no intention of trying to influence politics or contest elections. In countries without those kinds of benefits for registered political parties, registration can be a relatively simple process so as not to undermine the freedom of organisation.
Common requirements to register a political party
Countries can choose to have a minimalist approach with few requirements in order to encourage the registration of a large number of parties, or a maximalist approach with more demanding requirements to discourage parties that are not serious or well-organized. The possible requirements can be grouped into five different categories:
Indication of a party name which does not resemble the names of already registered political parties, is not provocative or offensive against public decency, and does not incite violence or hatred. Further limitations on party names may be formulated, such as prohibitions on the use on individuals’ names as part of party names.
Indication of a party symbol or logo which does not resemble the symbol of any already registered party or private company. In some countries, the use of religious or national symbols is also prohibited. Colours with a symbolic value such as the colour of the national flag are sometimes proscribed.
List of office-bearers or otherwise of party leadership, often with full addresses or other form of identification.
Provision of party statutes or constitution and often a protocol that states that the statutes have been approved by an executive board of the party. In many countries, the party statutes have to clearly state that the party adheres to the rules of the democratic process.
- Popular Support or Adherence
List of a certain number of registered members or/and supporters of the party, usually with signatures and addresses or other identifying information such as voter registration number. The more maximalist the approach, the higher the number of registered members required.
Proof of geographical presence, often in the form of membership or supporting signatures from a certain number of regions or districts.
Payment of registration fees ranging from smaller administrative frees to more substantial sums.
Payment of monetary deposits that may or may not be returned to the political party on the basis of election results. This exists especially in cases where political parties need to register separately for each election they wish to contest.
Clear procedure and timetable
Deciding that a political party or candidate cannot contest an election will arouse anger and resentment – both from the affected party or candidate and from their followers and potential voters. In order to avoid such problems as much as possible, the conditions and timing for registration and nomination can be communicated in detail well before the election, and the EMB can maintain close contact with the parties and candidates seeking acceptance.
A well communicated and thought through timetable is of great help. The EMB or other responsible agencies need time to scrutinize the registration, verify signatures of party supporters and members, perhaps exhibit the registration papers for review by other interested individuals or parties, and give parties the chance to appeal if they feel that their registration has been unduly denied. Therefore, political parties are often required to register and to nominate candidates well in time before an election, since after the scrutinizing procedure, the EMB still needs time to print the ballot papers and distribute them to the polling stations.
In some countries, a formal application from a number of party members starts the process. Once that application has been approved, party representatives have a set number of weeks or months to present their signatures, statutes, and other proofs that they meet the requirements. A formal decision by the responsible authority finally determines the legal status of the party.
Registration of Political Party-Requirement
Registration of political parties is governed by the provisions of section 29A of the Representation of the People Act, 1951.Party seeking registration under this Act requires to submit certain documents as per guidelines of the election commission of India . Generally party seeking registration requires to submits various resolutions , Pan card copy of office bearer alongwith their ITR returns of last three years , party's constitution, individual affidavits , Affidavit of Asset and liabilities and criminal antecedents affidavit and lastly affidavit of the president . Commission also asked for publication of the notice in news papers and after the same they conduct the hearing for registration . Finally after the hearing and satisfaction of the commission your party gets registered .
1) A Demand Draft of Rs. 10,000/- (Rupees Ten Thousand only) on account of processing fee drawn in favour of the Under Secretary, Election Commission of India, New Delhi. It may be noted that the processing fee is non-refundable.
2) A neatly typed/printed copy of the memorandum/rules and bye-laws/Constitution of the Party containing a specific provision as required under sub-section (5) of Section 29A of the Representation of the People Act, 1951 in the exact terms, 3 which reads “………...……………………” (Name of the party) shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India”. The above mandatory provision must be included in the text of party constitution itself as one of the clauses. As per provision to sub-section (7) of the said Section 29A of the Representation of the People Act, 1951, no association or body shall be registered as a political party unless the memorandum, rules and regulations or the constitution of such association or body conform to the above referred provision of sub-section (5) of Section 29A.
3) There should be a specific provision in the rules/Constitution of the party regarding internal democracy in the party, organisational elections at different levels, mode of such elections and the periodicity of such elections, term of office of the office-bearers and powers and duties of the office-bearers of the party, and the various representative bodies of the party (such as Executive Committee, Council etc.)
4) Besides these particulars, procedure to be followed in the case of merger/dissolution of the Association, amendment in Party Constitution and disciplinary action against erring members of the party should be provided in the bye-laws. There should be clear provision in the party constitution about membership of the party. There should not be any discrimination in the matter of membership.
5) Extracts from the latest electoral rolls in respect of atleast 100 members of the organisation (including all office-bearers/members of main decision making organs like Executive Committee/Executive Council) duly certified by the Electoral Registration Officer of concerned assembly constituency to show that they are registered electors. Alternatively, photocopies of Elector Photo Identity Cards (EPICs) of the members duly attested by a Gazetted officer or Notary should be submitted.
6) An affidavit duly signed by the President/General Secretary of the applicant party and sworn before a 1st class Magistrate/Oath Commissioner/Notary Public to the effect that no member of the organisation is a member of any other political party registered with the Commission
7) Individual affidavits from atleast 100 members of the party to the effect that the said member is a registered elector and that he is not a member of any other political party registered with the Commission. These affidavits should be on Stamp Paper of atleast Rs. 2/- denomination and duly sworn before a 1st class Magistrate/Oath Commissioner/Notary Public. These affidavits should be from those persons in respect of whom certified extracts of electoral rolls
8) A list of office bearers and members of the party mentioned in (vi) and (viii) above, should be submitted and the certified copy of electoral rolls or EPICs and individual affidavits should be enclosed as per the sequence of the list.
9) Particulars of Bank account and Permanent Account Number (PAN), if any, in the name of the party should be furnished.
10) The applicant party has to produce a ‘No Objection Certificate’ , in the form of an affidavit on stamp paper, from the owner of the premises where the party office is situated with certified copies of tangible proof, such as House Tax Receipt or Registry papers, etc. , of ownership of the premises.
11) The applicant has to attach a ‘No Objection Certificate’ from the Local Body, Municipal Corporation etc. to the effect that there is no prohibition under the rules and regulations of the authority to set up political party office in that building where the party office is situated.
12) Separate Affidavits from the office bearers of the main organs of the applicant party in respect of their Assets and Liabilities have to be furnished.
13) The office bearers of the applicant party have to furnish a copy of their Income Tax Returns filed for the last three years, if they are Income Tax payees. In case any office bearer is not Income Tax payee he/she has to furnish certified details of his/her monthly income alongwith source of income.
14) The details of PAN Card have to be furnished in respect of office bearers of the party.
15) Affidavits from the office bearers of the main organs of the applicant party showing information about their criminal antecedents have to be furnished in affidavit form.
16) The applicant party must submit authenticated proof to show that the party constitution has been adopted by the General Body of the party.
17) The applicant party must declare in its constitution that it shall submit its audited annual financial statement to the Commission within a period of 60 days after the end of each financial year.
18) The applicant party must ensure in its constitution itself, vide a specific clause in the party constitution that the party will not, in any manner, promote or instigate or participate in violence.
19) The applicant party must ensure in its constitution itself vide a specific clause in the party constitution that party will hold periodic (Period to be specified in constitution but at least once in 4 years) and regular election to all positions of office-bearers and organs of the party.
20) The applicant party must ensure in its constitution itself vide a specific clause in the party constitution that any amendment to the constitution must be approved by the General Body of the party.
21) The party must declare in its constitution that it must contest an election conducted by the Election Commission within 5 years of its registration. (If the Party does not contest elections continuously for 6 years, the Party shall be taken off the list of registered parties).
Adv Ashish Fule ,
(Expert in Registration of Political Parties and their compliance)
Contact : 9960560233 Email Id: adv.ashishfule@gmail.com