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Recognition and Classification of Political Parties

Authority and Legal Framework

Authority: The Election Commission of India (ECI) is the sole authority for recognizing political parties.
Classification: The ECI grants the status of either a National Party or a State Party.
Legal Basis:
- The Representation of the People Act, 1951 provides the framework for party registration.
- Specific criteria are detailed in the Election Symbols (Reservation and Allotment) Order, 1968.
Constitutional Recognition: Political parties were formally recognized in the Constitution for the first time in 1985 with the addition of the 10th Schedule (Anti-Defection Law).

Criteria for National Party Status

A party is recognized as a National Party if it meets any one of the following conditions:

It is recognized as a State Party in at least four states.
It secures 6% of the valid votes in any four or more states in a Lok Sabha or Legislative Assembly election and wins 4 Lok Sabha seats.
It wins 2% of the seats in the Lok Sabha (i.e., 11 seats) from at least three different states.

Criteria for State Party Status

A party is recognized as a State Party if it meets any one of the following conditions:

It secures 6% of the valid votes in the state in a Legislative Assembly election and wins at least 2 Assembly seats.
It secures 6% of the valid votes in the state in a Lok Sabha election and wins at least 1 Lok Sabha seat from that state.
It wins a minimum of 3% of the total seats in the Legislative Assembly or 3 seats, whichever is more.

Examples of National Parties

Indian National Congress (INC): Formed in 1885; ‘National’ in its name was influenced by European precedents.
Bharatiya Janata Party (BJP): Formed in 1980; its first President was A.B. Vajpayee.
Communist Party of India (CPI): Formed in 1925.
Communist Party of India (Marxist) – CPI(M): Formed in 1964 after a split from the CPI.
Nationalist Congress Party (NCP): Formed in 1999 after a split in the Congress Party.
All India Trinamool Congress (TMC): Recognized as a National Party in 2016.
Aam Aadmi Party (AAP): Initially a State Party in Delhi; later gained National Party status.
Other examples include: BSP, NPP.

Examples of State/Regional Parties

Shiromani Akali Dal (Punjab)
All India Anna Dravida Munnetra Kazhagam (AIADMK): Formed in 1972.
Telugu Desam Party (TDP): Formed in 1982.
Asom Gana Parishad (AGP)
Parties that are not National Parties: Muslim League, Revolutionary Socialist Party (RSP), All India Forward Bloc, Peasants and Workers Party of India, Samajwadi Party.

Historical Parties and Founders

Parties Founded by Dr. B.R. Ambedkar

The Independent Labour Party (1936)
All India Scheduled Castes Federation (1942)

Other Notable Historical Parties

Bharatiya Jana Sangh: Formed in 1951; precursor to the BJP.

The Anti-Defection Law (52nd Amendment Act, 1985)

Introduction & Key Dates

Passed by Parliament on 15 February 1985; came into effect on 1 March 1985.
The first state to enact an Anti-Defection Law was Jammu and Kashmir in 1979.

Constitutional Provisions

Implemented through the 52nd Amendment Act.
Added the 10th Schedule to the Constitution.
Altered Articles 101, 102, 190, and 191.

Grounds for Disqualification

A member can be disqualified if they:

Voluntarily give up the membership of their political party.
Vote or abstain from voting in the House contrary to their party’s direction without prior permission.
The law covers single-bloc defections and smaller defections in a single spell.

Exceptions (No Disqualification)

In case of a merger, if not less than two-thirds of the members of a legislature party agree to it.
If a member, after being elected as the Speaker/Chairman of the House, voluntarily gives up party membership or rejoins after their term.
The law does not cover large defections that occur in various spells over time.

Authority

The presiding officer of the House (e.g., the Speaker) decides on disqualification matters.

Electoral System and Process

Principles of Elections

Adult Suffrage: Elections are based on universal adult franchise.
Single Electoral Roll: One electoral roll for every territorial constituency.
Non-Discrimination: No exclusion based on religion, race, caste, sex, etc.

Electoral System

India follows the First-Past-The-Post (FPTP) system (a type of majority vote system).
The candidate with the most votes (relative majority) wins, which can lead to a distortion between vote share and seats won.
Governments are formed by parties that win a majority of seats, not necessarily a majority of votes.

Electoral Bonds Scheme (2018)

Purpose: Announced to bring transparency in political funding.
Eligibility: Parties must be registered under the RPA, 1951, and have secured at least 1% of votes in the last general election.
Validity: Bonds are valid for 15 calendar days from the date of issue.
Deposit: Deposited bonds are credited to the party’s account on the same day.

Opposition Party Recognition

To be officially recognized as the Opposition Group in the Lok Sabha, a party/coalition must have a minimum of 54 members (based on a total strength of 543).

Party System and Political Dynamics

Nature of the System

Described by Rajni Kothari as a “one-party dominant system” in the early years of independence (referring to the Congress).
There is no fixed party system due to the influence of casteism and regionalism.
The party system is part of the larger political system.

Coalition Governments

Formed by multiple parties and must accommodate the interests of all partners.
Their policy agendas (e.g., National Agenda) contain broad guidance and principles rather than detailed plans on every issue.

Constitutional and Legal Provisions

Reservations

The Constitution provides reservations for SCs and STs in Parliament and State Legislatures.
There is no constitutional reservation for women.
Legislating 33% reservation for women would require a Constitutional Amendment.
However, parties can voluntarily allocate 33% of the seats they contest to women candidates without an amendment.

Inner-Party Democracy

Refers to the practice of holding periodical elections within a party to elect its office-bearers.

Specific Parties, Movements, and Facts

Communist Parties

Social Base: Includes the agricultural/industrial working class, the educated, and the youth. It does not include the business class.
Bhu-Poratam Movement: A land struggle launched in Andhra Pradesh to secure land and houses for landless agricultural workers.

Indian National Congress

Kamaraj Plan (1963): Proposed by Congress President K. Kamaraj with the principal objective of making the Indian National Congress vibrant.

Regional Parties

The growth of strong regional parties is an indicator of regional aspirations.
In Kerala (as of 1997), governments have typically been formed by national parties (INC or CPI(M)), not by a regional party.

Government Formations (Historical Context)

United Front Government (1996-1997):
- Parties that were part of it: Asom Gana Parishad (AGP).
- Parties that were NOT part of it: Bahujan Samaj Party (BSP), Samata Party, Haryana Vikas Party.

Electoral Performance

BJP: Saw a significant increase in national vote share: 7.4% (1984) → 11.4% (1989) → 22.4% (1991).

Constitutional Fact

India has a written constitution.

Note on Jammu & Kashmir

The state of Jammu and Kashmir was reorganized into two Union Territories in 2019 and is therefore no longer a state.

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