DH Deciphers | How does EC grant 'National Party', 'State Party' status

The Election Commission (EC) on April 10 issued orders, withdrawing recognition of the Trinamool Congress, Nationalist Congress Party and the Communist Party of India as the ‘National Party’. It, however, granted the ‘National Party’ status to the Aam Aadmi Party. It also recognised or de-recognised several other parties as ‘State Parties’ in respective states. Anirban Bhaumik of DH explains how the commission grants or withdraws the National Party or State Party statuses to political parties.

How does a political party get ‘State Party’ or ‘National Party’ status?

Once a political party is registered, it can in course of time get recognised as a `State Party’ or a ‘National Party’ by the EC, if they fulfil the conditions laid out in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time.

Also Read: EC grants national party status to AAP; strips Trinamool, NCP, CPI of tag

What do the ‘State Party’ and ‘National Party’ tags for political parties mean?

A ‘State Party’ can allot its reserved symbol to all the candidates fielded by it in the state or the states, wherever it is so recognised. Similarly, when a party is recognised as a ‘National Party’, it can allot its reserved symbol to its candidates contesting from constituencies assembly or parliamentary constituencies throughout the country. Besides, the candidate of a ‘State Party’ or a ‘National Party’ needs only one proposer to endorse her or his candidature while filing the nomination for elections. An independent candidate or a candidate of an unrecognised political party, on the other hand, needs 10 proposers to endorse her or his candidature.

A ‘State Party’ or a ‘National Party’ is also given two sets of electoral rolls free of cost at the time of revision of the rolls. The candidates of the state party or the national party get one copy of the electoral roll free of cost during general elections. A State Party or a National Party can broadcast or telecast appeals in favour of its candidates over Akashvani and Doordarshan during general elections. Such a party can have a maximum of 40 ‘Star Campaigners’ during general elections. A registered unrecognised party, on the other hand, is allowed to nominate a maximum of 20 ‘Star Campaigners’. The travel expenses of the ‘Star Campaigners’ are not taken into account while computing expenses of the candidates of their respective parties.

What are the conditions that a political party must meet to be eligible to be recognised as a ‘State Party’?

A political party shall be eligible for recognition as a ‘State Party’ in a state, if it meets any of the following conditions:

At the last general election to the legislative assembly of the State, (i) the party’s candidates have secured not less than 6 per cent of the total valid votes polled in the State and at least two of them won, or (ii) have secured 3 per cent of the total number of seats or at least three seats in the assembly, whichever is more.

Or, at the last general election to the Lok Sabha from that State,

(iii) the party’s candidates secured not less than six percent of the total valid votes polled; and, in addition, at least one of them won, or (iv) won at least one of every 25 seats (of the Lok Sabha) allotted to the state.

Or, (v) at the last general election to the Lok Sabha or to the legislative assembly of the state the candidates fielded by the party secured not less than 8 per cent of the total valid votes polled in the state.

Also Read: Unfair EC will have chilling effect on political parties: SC

What are the conditions that a political party must meet to be eligible to be recognised as a ‘National Party’?

A political party shall be eligible for recognition as a ‘National Party’, if it meets any of the following conditions.

The candidates fielded by the party, in any four or more states, at the last general election to the Lok Sabha, or to the legislative assembly of the state concerned, have secured not less than 6 per cent of the total valid votes polled in each of those states; and, in addition, won at least four seats in the Lok Sabha from any state or states; or (ii) the party has won at least 2 per cent of the total number of seats in the Lok Sabha and the party ’s candidates have been elected from not less than three states; or (iii) the party is recognized as a ‘State Party’ in at least four states.

What are the conditions for continued recognition of a party as a ‘State Party’ or a ‘National Party’?

The Election Symbols (Reservation & Allotment) Order, 1968, was amended in 2016. The amendment came into effect from January 1, 2014. It allowed a political party to retain the ‘State Party’ or ‘National Party’ tag even after it loses eligibility at the next general election to the state assembly or the Lok Sabha. It will however be stripped of the status, if it fails to regain eligibility in the subsequent general election to the assembly or the Lok Sabha too.

Why did the EC recognize the AAP as a ‘National Party’, but stripped the TMC, the NCP and the CPI of the same status?

The AAP has already been a state party in Delhi, Punjab and Goa. It recently gained the eligibility of being a ‘State Party’ in Gujarat, as it won five out of the 182 seats in the state assembly and its candidates secured 12.92 per cent of the valid votes polled in the elections held in December 2022. Since it got the status of ‘State Party’ in four states, the EC has now recognised it as a ‘National Party’.

The TMC was a ‘State Party’ in West Bengal, Manipur and Arunachal Pradesh on January 1, 2014. It gained the status of ‘State Party’ in Tripura, but lost eligibility for the same in Arunachal Pradesh after the April-May 2014 parliamentary elections. But the 2016 amendment to the ‘Symbols Order’, effective since January 1, 2014, allowed it to continue as a ‘State Party’ in Arunachal Pradesh. Hence, its status as ‘State Party’ in the four states – West Bengal, Manipur, Arunachal Pradesh and Tripura – made it eligible to be recognised as the ‘National Party’ by the EC. But the party neither contested in the state assembly elections in Arunachal Pradesh in 2019, not fielded any candidate in the state for the Lok Sabha polls the same year. The party also failed to fulfil the criteria of recognition as a ‘state party’ in Manipur in the parliamentary polls held in 2014 and 2019 and to the legislative assembly in 2017 and 2022. Hence, the EC de-recognised the TMC’s as a ‘State Party’ in Manipur and Arunachal Pradesh and thus also withdrew its ‘National Party’ status. It, however, recently earned the ‘State Party’ status in Meghalaya and would continue to have the same status in West Bengal and Tripura.

The NCP also lost its ‘State Party’ status in Goa, Manipur and Meghalaya and consequently lost its ‘National Party’ status. It will continue to be recognised as the ‘State Party’ in Maharashtra and Nagaland.

The CPI lost its ‘State Party’ status in West Bengal and Odisha and thus ceased to be a ‘National Party’. It will continue to be a ‘State Party’ in Kerala, Tamil Nadu and Manipur.