Source: This post on How dispute regarding the symbol is resolved between the two factions has been created based on the article “Who gets the preferred symbol when there are two factions?” published in The Hindu on 14th October 2024.
Why in news?
The Nationalist Congress Party (NCP) recently split into two factions. One is led by Sharad Pawar himself, and the other by Ajit Pawar. Sharad Pawar has filed a petition in the Supreme Court to prevent the Ajit Pawar faction from using the NCP’s original symbol, the ‘clock,’ in upcoming Maharashtra assembly elections.
About the political symbols
Importance of Political Symbols in India: In India, a large part of the population is still illiterate. Therefore, political symbols are crucial for helping voters identify parties on ballots.
How are Symbols Allotted: The Election Commission of India (ECI) assigns unique symbols to nationally or state-recognized parties. These symbols are reserved, ensuring that no other party or candidate uses them in elections.
What Does the Law Say on Previous Cases of Symbol Disputes?
When a recognized party splits, the ECI has the authority to decide which faction is the rightful party and who can use the party symbol. Sometimes, ECI has also “frozen” symbols until the dispute is settled.
Criteria for Recognizing a Faction
As per the Supreme Court Guidelines (1971), in the Sadiq Ali vs. ECI case, the Supreme Court outlined a 3-test formula:
i) Party’s Aims and Objectives: To determine which faction aligns more closely with the party’s goals.
ii) Party Constitution and Inner Democracy: To check how closely each faction follows the party’s constitution and democratic procedures.
iii) Legislative and Organizational Majority: To assess which faction has the majority in the legislative and organizational wings.
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