Why Symbol are Allotted to Political Parties at Election?

 

Founding father of the Constitution adopted the parliamentary form of government, whereby people of India chooses their representatives directly to the Lok Sabha and Vidhan Sabha. Common adult franchise is also adopted as elementary principal of direct election by common people. But due to large number of illiteracy many of the common people, need support to identify the candidates of their choice on the ballot paper in the form of any symbols or mark. Thus ECI decided to take up symbol system, representing common and known items, easily recognizable even by illiterate voters.

 

Regarding origin or genesis of the introduction of symbol system in election in India supreme court observed in the case Sadiq Ali & another (1972) “in view of the handicap of illiteracy, it will be impossible for the illiterate persons to tender their votes in favour of the candidates of their preference, unless the ballot paper itself have some pictographic image or symbol”. To ensure and achieve the genuine, free and fair process of election as far as possible and that no voter should suffer from any handicap in tendering his vote in to a candidate of his first choice”.

 

Significance of symbol system was again observed by SC in the case of Kanhiya lal Omar (1986), “although millions of voters are quite conscious of their duties politically, but, a large section of them are still illiterate. Hence there is need for using symbols to indicate the candidates who contest election so that the illiterate voter  may tender his vote in secrecy to the candidate of his first choice by recognizing him with the  assistance  of the symbol depicted on the ballot paper / EVM against his name”.

 

Article 324 of the Indian Constitution, Section 29A of the Representation of the People Act, 1951 and Conduct of Elections Rules, 1961, conferred power to the Election Commission of India to allot the election symbols to all registered political parties and independent candidates during every contesting election.

 

During first general election in India, ECI has decided to allot different symbols to those political parties which had a marked presence in the political field. But in 1968 ECI exercised constitutional power and promulgated the Election symbol (Allotment and Reservation) order 1968 under the People's Representation Act, 1951, to "provide for specification, reservation, choice and allotment of symbols at elections in parliamentary and legislative Assembly constituencies. As per order of 1968 during every election, a symbol is allotted to a contesting candidate/ Parties. 

 

There are two kinds of symbols viz. reserved or free- A reserved symbol is reserved for the recognized political party, whereas free symbols are allocated to unrecognized political parties and independent Candidates.  A recognized political party or its candidate can select a symbol from a list of reserved or free symbols.  For example, the lotus symbol of the BJP party is reserved symbols and can only be used by candidates of the BJP party contesting in an election. To acquire a symbol allotted the candidate shall provide a list of three symbols in order of preference from the free symbols list at the time of filing nomination papers. One symbol out of these three chosen or preferred symbols will be allotted to the candidate on a first-come-first-served basis. If any candidates chooses symbol from outside the free list, the Election Commission will reject such symbol.

Present status of symbol system- SC observed in the case of Sadiq Ali- “Although the rationale behind the origin of the election symbol was of thin character, but with the passage of time, symbol of each political party obtained an enormous significance because the volume of the electorate are connected the political party at the time of election with its symbol”.

The symbol system has now deeply integrated into the Indian political system that the two have become inseparable. The SC observed in the case of All party Hill leader’s Conference v/s Captain WASangma and Ors AIR 1977 SC 2155, “for conducting elections, allotment of symbol to contesting political parties in election finds a key position in a country where illiteracy is still high. … experience shows that symbol as a device for casting votes in favour of a candidate of one’s choice has proved an invaluable aid. Besides this just as citizens develop a sense of respect, glory and nationalistic pride for a flag of one’s country, similarly great fevour and emotions are generated for a symbol representing a political party . Citizens with the passage of time recognize themselves with the symbol and the flag. These are great unifying sign which cannot all of a sudden be wiped off.

It is concluded that symbol system in election was introduced as a assistance to the illiterate voters but now symbol system become identity of political parties. At present illiteracy has less meaning for symbol system.

School of Law