Constitutionally the registration and recognition of political parties is the…
2011
Constitutionally the registration and recognition of political parties is the function performed by
Answer: C. The Election Commission of India — Concept — The Constitution places the entire machinery of national and State legislative elections in the hands of one permanent, independent, all-India…
- A.
The State Election Commission of respective States
- B.
The Law Ministry of Government of India
- C.
The Election Commission of India
- D.
Election Department of the State Governments
Show answer & explanation
Correct answer: C
Concept — The Constitution places the entire machinery of national and State legislative elections in the hands of one permanent, independent, all-India authority: Article 324 vests in it the superintendence, direction and control of the preparation of the electoral rolls and of the conduct of all elections to Parliament, to the Legislature of every State, and to the offices of President and Vice-President. Deciding who may enter that arena as an organised party, and under what label, is treated as part of the same control over the electoral process. So the authority that runs the election is also the authority that admits parties to it and grades them.
Application — That authority is the Election Commission of India, and the two functions in the question sit on two different rungs of the same ladder.
Registration is statutory. Section 29A of the Representation of the People Act, 1951 requires every association or body of individual citizens calling itself a political party to apply to the Election Commission of India within 30 days of its formation; the Commission registers it after examining the application and the party constitution.
Recognition is a later, separate step. Under the Election Symbols (Reservation and Allotment) Order, 1968 — an order the Election Commission of India itself issues in exercise of the power under Article 324 — a registered party that crosses the prescribed vote-share and seat thresholds is declared a State party or a National party and is allotted a reserved symbol.
Registration therefore comes first and is open to any qualifying association; recognition is earned from electoral performance, and only a recognised party keeps a symbol reserved for it.
Cross-check — Each of the other authorities named runs a different part of the electoral system, and none of them admits or grades parties:
Authority | Constitutional or legal basis | What it actually handles |
|---|---|---|
Election Commission of India | Article 324 | Elections to Parliament, State Legislatures, President and Vice-President; registration and recognition of parties |
State Election Commission | Articles 243K and 243ZA | Elections to the panchayats and municipalities of that one State |
Ministry of Law and Justice | Allocation of Business Rules | Drafting and administering election legislation; piloting amendments through Parliament |
State election department | Headed by the Chief Electoral Officer | Electoral rolls and poll machinery inside the State, under the national Commission |
Hence the registration and the recognition of political parties are both performed by the Election Commission of India.