Recognition of political parties is governed by the provisions of the Election Symbols (Reservation and Allotment) Order, 1968. The existing conditions for recognition are given in paragraphs 6A and 6B of the Order (Extracts enclosed as Annexure to this). These conditions have been in force w.e.f. 1.12.2000, following certain amendments made to the recognition- conditions on that date.
When the poll performance of the political parties at the last Lok Sabha election was reviewed with reference to the existing conditions, certain anomalies came to notice. The present conditions do not take into account performance of the parties at Lok Sabha election for the purpose of State party recognition. There have been situations where a party, even after winning a considerable number of Lok Sabha seats in a State, was seen to be ineligible for recognition as a State party. In the conditions for recognition of National party status also, there are some anomalies, in that a party may obtain recognition as State party in any number of States, and yet, may not be eligible for National status. In order to remove these anomalies, the Election Commission decided to make some modifications in the recognition- conditions, and a draft of amendment proposals was circulated among all recognized political parties, for their comments thereon, by 30.4.2005. Many of the political parties submitted their views.
After considering their views and all relevant aspects, the Commission has decided to make the following modifications in the conditions for recognition.
In the case of State party recognition, in addition to the existing conditions, the following two alternative conditions have also been provided:
i) At a general election to the Lok Sabha, a party should win at least one seat for every 25 Lok Sabha seats , or any fraction thereof, allotted to that State;
ii) At a general election to the Lok Sabha from the State concerned, the candidates set up by the party in that State should poll at least 6% of the total valid votes polled in all the parliamentary constituencies in the State, and in addition, the party should win at least one seat in the Lok Sabha from that State at the said general election.
For recognition as National party, in addition to the existing two conditions, a third alternative condition has been added, to the effect that a party recognized as State party in a minimum of four States would be eligible for recognition as National party.
For recognition as National or State party, fulfilling any one of the different conditions would be sufficient.
Election Commission Of India
May 14,2005/ Vaisakha 24,1927
RM