The Delhi High Court on Friday dismissed a petition challenging the Election Commission of India’s (ECI) power to recognise political parties as national or state-level entities under the Election Symbols (Reservation and Allotment) Order, 1968.
A division bench of Justices Nitin W Sambre and Anish Dayal declined to entertain the plea filed by the Hind Samrajya Party, a registered political outfit, holding that the issue was already covered by earlier Supreme Court rulings.
“(The issue) is covered by the earlier judgments of the apex court. We have dismissed the petition,” the bench briefly stated. A detailed order is awaited.
The Hind Samrajya Party had contested the validity of Paragraphs 6A, 6B, and 6C of the Symbols Order, which lay down the criteria for a political party to be recognised as a state or national party.
It contended that:
- The Election Commission was not constitutionally empowered to grant national or state-level status to a political party.
- The classification of parties created an unfair advantage for established parties, amounting to discrimination.
- Registered but unrecognised parties, especially new entrants, were deprived of equal opportunity in the electoral process as they received their election symbols only after the scrutiny of nominations, limiting their campaign time.
The party claimed this differential treatment undermined the principles of democracy, equality, and free and fair elections enshrined in the Constitution.
“The provisions contained in para 6A, B and C recognising the National and State Political parties are alien to the theme of the Representation of People Act as well as against the concept of free and fair election, one of the basic features of the Constitution of India,” the petition stated.
It also alleged that the concept of recognising political parties as national or state-level entities has no constitutional basis and violates the rule of law.
The Election Symbols (Reservation and Allotment) Order, 1968 empowers the Election Commission to recognise political parties and reserve symbols for them. This recognition grants certain privileges, including exclusive use of election symbols and early access to them during the electoral process.
While the High Court has dismissed the plea, the petitioner may consider appealing the decision before the Supreme Court. For now, the established system of recognition under the 1968 Order remains undisturbed, and political parties will continue to be classified as national or state parties based on performance and criteria laid down by the ECI.
A comprehensive ruling with the court’s detailed reasoning is expected to be released shortly.
