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Political Party Registration in India: Purpose, Benefits, and Process
What is Political Party?
Political party registration in India is governed by the Representation of the People Act, 1951, and is administered by the Election Commission of India (ECI). Registering as a political party offers several benefits, such as access to electoral symbols, privileges during elections, and recognition in the political landscape. It also ensures the party’s eligibility to contest elections and participate in democratic processes.
Importance of Political Party Registration
Legal Recognition: A registered political party is recognized under Indian law and gains the right to contest elections at various levels. This legal recognition is crucial for ensuring that the party can participate in national, state, and local elections as a legitimate contender.
Electoral Benefits: Registered political parties can reserve exclusive symbols, making them easily identifiable by voters during elections. This symbol serves as an important tool for voter recognition, simplifying the election process for the electorate.
Tax Exemptions: Registered political parties are eligible for tax exemptions under Section 13A of the Income Tax Act. This helps them save on taxes, thus enabling better utilization of funds for campaigning and other party-related activities.
Public Credibility: Registration boosts a party’s credibility, enhancing public trust and its ability to mobilize support. Being officially recognized assures voters of the party's commitment to democratic processes and governance.
Eligibility Criteria for Political Party Registration
To register a political party, the following conditions must be met:
Constitution of the Party
The party must have a clear constitution outlining its aims, objectives, and organizational structure.
Membership
The party must have at least 100 members at the time of registration.
Democratic Setup
The party’s internal functioning must align with democratic principles.
Bank Account
The party must have a dedicated bank account for receiving donations and managing financial transactions.
Process of Registering a Political Party
Step 1: Draft the Party Constitution
Step 1: Draft the Party Constitution
- The party's name, objectives, and political philosophy.
- Membership rules, leadership structure, and decision-making processes
- Provisions for discipline, elections within the party, and amendments to the constitution.
Step 2: Prepare the Application
The party must prepare an application addressed to the Election Commission of India. The application should include:
- The party’s name, address, and headquarters location.
- A list of office bearers (e.g., president, secretary, treasurer).
- Details of members and their affidavits declaring no affiliation with foreign entities or criminal backgrounds.
Step 3: Submit Supporting Documents
The application must be accompanied by the following documents:
- A demand draft of ₹10,000 as a non-refundable fee.
- An affidavit signed by the president or general secretary stating the party’s intent to contest elections.
- A declaration confirming adherence to Indian laws and the Constitution of India.
- Copies of the party’s constitution and rules.
Step 4: Public Notification
The Election Commission requires the proposed party to publish its intent to register in at least two national newspapers and two local newspapers. This allows objections from the public within 30 days.
Step 5: Verification and Approval
The Election Commission reviews the application and any objections received. If the documents are in order and no valid objections are raised, the party is registered.
Benefits of Registered Political Parties
Election Symbols: Parties can reserve exclusive symbols for their candidates.
Access to Electoral Rolls: Registered parties gain access to the electoral rolls for effective campaign planning.
Representation in Media: Registered parties get airtime during elections for campaign advertisements on government media channels.
Tax Exemptions: Donations to registered political parties are exempt from income tax, promoting fundraising efforts.
Limitations of Non-Registration
Political parties that are not registered cannot participate in elections under their name or symbol. Additionally, they are ineligible for tax exemptions and other privileges granted by the Election Commission.