Political Party Registration

Political Party Registration in India- An Overview

Political party registration plays a vital role in creating an official political group that can participate in democratic activities and speak for its members and followers. This process requires following legal steps and meeting specific conditions set by a country's election or administrative officials. By doing so, it guarantees honesty, responsibility, and authenticity in politics.

Benefits of Political Party Registration

• Compliance with Legal Regulations

  Under the Representation of the People Act of 1951, all newly formed political parties are obligated to adhere to the rule of registration. Any political party established in India is required to complete its registration within 30 days of its formation.

• Official Recognition

  Political parties that successfully register under the purview of the Election Commission of India (ECI) receive official recognition in the eyes of the public. This recognition enhances their visibility and credibility. Appropriately registered parties are more likely to gain public trust, potentially leading to increased voter support. Registering with the ECI is a pathway to higher public recognition.

• No Time Limit Barrier

  Time constraints do not restrict a political party that fulfills the registration criteria outlined in the Act. This means the party can continue its operations without concerns about compliance and time-related issues. The party can function without hindrance and focus on its goals and activities.

• Government Backing

  Political parties that undergo registration as per legal requirements enjoy a higher level of support from the government. These parties may also become eligible for various types of incentives and assistance from the government. This backing can include financial assistance and other forms of support, aiding the party in its activities and campaigns.

Eligibility Criteria for Political Party Registration

• Minimum of 100 Members

  When registering a political party in India, a fundamental requirement is to have at least 100 members. This is one of the essential prerequisites for the registration of a political party. Every individual associated with the party, including its representatives, is considered a member of political party registration in India.

• Election Identification (ID)

  Each member of the political party needs to possess their respective election ID. This means that every member must hold a valid election ID or election card issued by the Election Commission of India.

• Adherence to the Act

  All members must meet the criteria set forth by the Representatives of the People Act 1951. Moreover, this requirement extends to all members, including the party's Chief Executive. Compliance with the prevailing laws is a key aspect of the Political party registration process .

• Affidavit Signed by President and Sworn before Magistrate

  The party's President must create and sign a formal affidavit as part of the documents submitted to the Election Commission of India. This affidavit should be sworn in front of a designated District Magistrate or a First Class Magistrate.

• Declaration of Assets and Liabilities

  The political party must also comprehensively record all its assets and liabilities. This encompasses various possessions and financial responsibilities owned by the party. This information is to be submitted as a separate annexure alongside the application.

• Scrutiny of Criminal Background

  Part of the registration process involves checking on past criminal activities or wrongdoings. For instance, all members undergo a review to identify any criminal convictions. Any criminal record's presence can potentially prolong the political party registration process.

Documents Required

• Party Name and Information:

  • Name of the Party
  • Relevant Party Information (excluding religion and caste)

• Party Objectives:

  • Clear Objectives Aligned with the Constitution of India

• Membership Details:

  • Criteria and Details of Party Membership

• Organisational Structure:

  • Party's Organizational Hierarchy
  • Methods of Office Bearer Appointments

• Office Bearers and Duties:

  • Roles and Responsibilities of Office Bearers

• Dispute and Grievance Handling:

  • Rules for Resolving Disputes and Handling Grievances

• Conduct of Party Business:

  • Rules for Conducting Party Business Transparently

• Funds and Accounts:

  • Details of Party's Finances and Maintained Accounts

• Constitution Amendment Procedure:

  • Procedure for Amending the Party Constitution

• Merger, Split, or Dissolution:

  • Procedure for Party Merger, Split, or Dissolution

• Annexures and Affidavits:

  • Attachments and Additional Information as Required by Law

What Should the Name of the Political Party Comply With?

As per Section 29A of the 1951 Representatives of Peoples Act, political party names in India must adhere to local regulations. To avoid public confusion, these names should not be linked to religion or existing parties. Translating existing names, whether in English or Hindi, is prohibited by the Act to prevent issues and disqualifications during the registration process, in line with Section 29A.

Procedure for Political Party Registration

• Provide Particulars and Documents: Complete Annexure-I with the requested details about the political party registration process. Then, furnish details in Annexure II as per Election Commission requirements. Cross-verify with the checklist for accuracy.
• Compile Application Information: Draft or type the application neatly, including party rules and bye-laws aligned with Section 29(A)(5) of the Representation of Peoples Act, 1951. Ensure adherence to key principles of the Indian Constitution and include specifics about party structure, roles, responsibilities, elections, and more.
• Fulfil Requirements and Attachments: Attach signed oaths, affidavits, EPIC copies, NOC for office location, audited financial statements, and other necessary documents. Detail the party's commitment to non-violence, internal democracy, and periodic elections. Include approval from the General Body for any constitutional amendments.
• Submit Application: Submit the completed application. Provide a registered email and mobile number for tracking updates. Within two weeks, you'll receive further instructions regarding your political party registration process.