According to the Representation of People Act of 1951, an Indian Party must be enrolled under law, to develop and gain an individual’s interest and trust.
Any Party or a group of individual residents of India forming an organization are to be enlisted to the Election Commission of India according to the Section 29A, sub-section (4) of the Representation of the People Act and Registration of Political Parties Order of 1992, independently.
At present there are an approximate of 2538 (reference *total number of registered parties subject to changes) enlisted political parties in India which can be categorized as public, state parties and random unregistered parties and newly forming parties that are applying for enrollment periodically.
Satisfying the conditions needed for the enrollment of a Political party
- A least of 100 individuals should be forming members of the newly organized Political party.
- A voter ID as a proof that the citizen is above the age of 18 and has acted as a voter in the past elections along with electoral roles is essential to constitute as a member of the Political party.
- This connotes that all members concerned are over the age of 18.
Essential rules to be followed for qualifying as a registered Political party
- The application must be presented with clear and neat presentation on the party’s letterhead and be sent by registered post or can be handed over in-person at the office of the Secretary of the Election Commission of India.
- The application should be submitted to the Commission before a period of 30 days from the date of formation of the party.
- According to the Section 29A, the failure of submission of the application before the Commission within the grace period can be subjected to time-bar imposition.
- All pages should be numbered continuously including the annexures and attachments.
Prerequisites for the formation of a Political party
- A clear statement of the name of the party without any inclusivity of caste or religion must be stated in the application.
- Aims and objectives of the Political party that is in resonance to the Constitution of India should be presented.
- No citizen can be forbidden from becoming a member of the party.
- All powers and method of appointment of the Organization and the Office-bearers should be clear.
- The governing rules and discipline by which the party acts should be unambiguous.
- Process of decision making and the Constitutional amendments of the concerned party should be mentioned.
- Party’s assets and accounts and their method of acquring and all the subsidies utilized for political exercises ought to be introduced and evaluated every year by the Auditor from the CAG board and submitted to the Election Commission.
- Provision of methods for merging, parting and disintegration of the concerned party are obligatory.
Documents for enrollment of the Political party
- A Demand Draft of Rupees 10,000 (non-refundable) as a requisite as part of the procedural expenses under the name of the Secretary of the Election Commission of India, New Delhi.
- Submission of the set of rules, Constitutional Amendment and memorandum of the concerned party.
- Affidavit by the President or the General Secretary of the Party sworn before the 1st class Magistrate/Oath Commissioner/Notary public.
- Individual affidavits from 100 forming members of the concerned party that certifies the President of the party.
- No Objection Certificate for the party office being present at the particular location.
- The agenda of annexures.
Rules and Regulations for Registration of the Political party
- The party ought to be enrolled to the Secretary of the Election Commission of India within a time frame of 30 days from the time of initiation of the concerned party.
- The aim or objective for the formation of the concerned party must be obviously expressed to the public, can be through a newspaper advertisement or announcement.
- The Commission states a time frame of 30 days to the public to vote against the formation of the party, if there should be an occurrence of any issues or invalidations.
- A period of 4 months is required for the process to be completed by the Commission, until the party can finally be certified as registered.
- A symbol for the party representation has to be chosen, which can either be from the list of symbols presented by the Commission or their own sketch.