Registration of Political parties in India is governed by the provisions of Section 29A of the Representation of the People Act, 1951. A party seeking registration under the said Section with the Commission has to submit an application to the Commission within a period of 30 days following the date of its formation  as per guidelines prescribed by the Election Commission of India in exercise of the powers conferred by Article 324 of the Commission of India and Section 29A of the Representation of the People Act, 1951. As per existing guidelines, the applicant association  is  inter-alia asked to publish proposed Name of the party in two national daily news papers and two local daily newspapers, on two days in same news papers, for inviting objections, if any, with regard to the proposed registration of the party before the Commission within  a 30 days from such publication.

First things First:

The first step towards being recognized as a political party is to get registered with the Election Commission of India. Registration is mandatory for a party, following which it can avail the provisions of the Representation of the People Act, 1951. Presently, India has over 1,600 registered political parties and 400 of them were formed within the last five years.

Application Process for registration of a political party in India:

Within first thirty days of its formation the party should submit an application for registration to the Secretary to the Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001. The commission already has a prescribed proforma, which the party can either procure from the Commission’s office or by post. Besides proforma, relevant guidelines are also available on the Commission’s website.

Every application needs to be neatly typed on the party’s letter head (if any) and sent either by registered post or presented personally. The Election Commission generally takes about four months to process the requests of the new political entities.

Documents to be provided during Registration:

The application for registration should be accompanied by the following documents:

1. A demand draft of Rs. 10,000 drawn in favour of Under Secretary, Election Commission of India. This processing fee is non-refundable.
2. A neatly printed copy of the rules and regulations/Constitution of the party. The document must include the provisions regarding “organizational elections at different levels and the periodicity of such elections and terms of office of the office-bearers of the party.” It must also state the procedure to be adopted in case of merger and dissolution.
3. A copy of the party’s constitution, which is authenticated by the General Secretary/President/Chairman of the party. It should also bear the seal of the signatory.
4. An affidavit which declares that no member of the party has a membership with any other political party registered with the Election Commission.
5. Extracts from the latest electoral rolls of at least 100 members of the party as an evidence that they are registered voters.
6. Individual affidavits are also needed as a declaration that the members of the party are registered voters and not members of any other political party.
7. Details of bank accounts and Permanent Account Number (if any) in the name of the party.

8. Adding to these, every office bearer of the party must furnish details pertaining to assets and investments made by them and their spouse and children.

Eligibility Criteria for Forming a Political Party:

As per the Election Commission’s mandate, a new political party must have at least 100 members to apply for political certification. Each member needs to hold a voting card, which clearly implies that individuals should be above the age of 18.

Registration Procedure:

The commission allows 30 days to the public to raise objections, if any. Interim, the representatives of the political party must issue notices in newspapers and declare their intention of forming a new political entity. At the end of the 30-day window, if no objections are raised, the commission scrutinizes the documents submitted by the party. Within four or five months the party representatives can expect to receive registration confirmation.

Once the party is registered with the commission, it becomes obligatory for the party leaders to choose an election symbol from the ones available with the election commission. If the members don’t find any of the symbols fit enough for their party, they can pick a symbol on their own and submit a sketch to the commission for approval.