Which is the ‘real’ Shiv Sena? Answer lies with the Constitution and Supreme Court

Source: This post is created based on the article “Which is the ‘real’ Shiv Sena? Answer lies with the Constitution and Supreme Court” published in Indian Express on 9^th July, 2022.

Syllabus: GS Paper 2- Indian Polity – Electoral Issues

News: Recently, a tussle in Maharashtra within the Shiv Sena for the control of the party, its election symbol, and the name is ongoing. It has brought into the limelight the legal and constitutional frameworks that manage such situations.

Legal and Constitutional frameworks

Article 324 of the Constitution: Election Commission is vested with the responsibilities of superintendence, direction, and control of elections.

The Election Symbols (Reservation and Allotment) Order 1968 deals with the matters like allotment of symbols in Parliamentary and Assembly constituencies and recognition of political parties.

Paragraph 15 of this Order empowers the election Commission to recognize the party formed by a splinter or rival groups, based upon the available facts and circumstances of the case.

Issue of party symbol and recognition of factions

The party symbols hold significant importance for political parties. Many voters, who cannot read, form an association with the symbols of parties.

Sadiq Ali v the Election Commission of India (1972): The case involved 2 factions of Indian National Congress (INC). One led by Jagjivan Ram i.e. INC (J), another led by C Subramanium i.e. INC (O).

The Election Commission rules in favor of INC (J) being the recognised political party. The Supreme Court also relied on the data presented to the Commission by INC factions and found that a substantial majority of the members of the Congress in both its legislative wing as well as the organisational wing supported the Congress (J). Thus, SC also concurred with the decision of the Election Commission, with the following observations made by Justice H R Khanna.

Paragraph 15, gives the Commission power to settle such disputes pertaining to symbols between factions of a party. It is entirely legal because this power accrues from Article 324 that creates the Commission and vests in it the power of superintendence over elections.