Political Party Registration under Section 29A
SyllabusSalient features of the Representation of People's Act
Section 29A of the Representation of the People Act, 1951 provides the statutory procedure through which an association of Indian citizens may register itself as a political party. Registration is decided by the Election Commission of India on the basis of a timely application, prescribed organisational particulars and a mandatory constitutional commitment.
Eligibility and time limit
An association or body must consist of individual citizens of India, call itself a political party, and intend to avail itself of the provisions applicable to political parties under the Act.
- A party formed after the provision commenced must apply within 30 days of its formation.
- A party already existing when the provision commenced was required to apply within 60 days of commencement.
Mandatory declaration and particulars
The party's memorandum, rules or regulations must expressly require it to bear true faith and allegiance to the Constitution and to the principles of socialism, secularism and democracy. It must also undertake to uphold the sovereignty, unity and integrity of India.
- The application must be signed by the party's chief executive officer and accompanied by an authenticated copy of its memorandum, rules or regulations.
- It must state prescribed particulars, including the party's name, head-office location, correspondence address, office-bearers, membership strength, local units and representation in Parliament or State Legislatures, if any.
Scrutiny and decision by the Election Commission
The Commission may require additional relevant particulars. It must consider the submitted material and relevant factors, give the applicant a reasonable opportunity of being heard, and then decide whether to register the party.
- The Commission must communicate its decision, which Section 29A declares to be final.
- After registration, the party must promptly inform the Commission of changes in its name, head office, office-bearers, address or other material matters.
- Registration does not by itself confer recognition as a national or state party, which is governed separately by the Election Symbols framework.
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