Introduction

Tamil superstar Thalapathy Vijay’s announcement of his political party has sparked interest in the process of registering political entities in India.

Creating a Political Party

Legal Framework: Article 324 of the Indian Constitution and Section 29A of the Representation of the People Act, 1951 empower the Election Commission to lay down guidelines for party registration.
Application: A party seeking registration must apply to the Election Commission within 30 days of its formation.
Public Notice: The applicant must publish the proposed party name in two national and two local daily newspapers. The notice is also posted on the Election Commission’s website.
Documentation: The application, in a prescribed format, must be sent to the Election Commission Secretary within 30 days of party formation. It should include a demand draft of Rs. 10,000, a printed copy of the party’s memorandum, rules, or constitution, and the latest electoral rolls for at least 100 party members.
Affidavits: An affidavit, duly signed by the President or General Secretary and sworn before a Magistrate/Notary Public, is required. Additionally, individual affidavits from 100 members confirming non-membership in any other registered political party are essential.

Not Mandatory: Registration with the Election Commission is not mandatory but comes with advantages under the Representation of the People Act, 1951.
Symbol Allotment: Registered party candidates receive priority in the allotment of free symbols over independent candidates.
State or National Recognition: Parties can achieve recognition as ‘state parties’ or ‘national parties,’ subject to fulfilling conditions laid out in the Election Symbols (Reservation and Allotment) Order, 1968.

State Party: To be recognized as a state party, a registered party must meet any of these five conditions:
1. Secure at least 6% of valid votes and win at least 2 seats in an Assembly General Election.
2. Secure at least 6% of valid votes and win at least 1 seat in a Lok Sabha General Election.
3. Win at least 3% of the seats or at least 3 seats, whichever is more, in an Assembly General Election.
4. Win at least 1 out of every 25 seats from a state in a Lok Sabha General Election.
5. Secure at least 8% of the total valid vote in an Assembly or Lok Sabha General Election.
National Party: To attain national party status, a registered party must meet any of these three conditions:
1. Secure at least 6% of valid votes in an Assembly or Lok Sabha General Election in four or more states and win at least 4 seats in a Lok Sabha General Election from any state.
2. Win at least 2% of total Lok Sabha seats in a Lok Sabha General Election, spanning at least 3 states.
3. The party is recognized as a State Party in at least four states.

Reserved Symbol: State parties receive a reserved symbol within the state, while national parties can use the reserved symbol across the country.
Nomination Ease: Such parties require only one proposer for filing nominations.
Free Electoral Rolls: They are entitled to two sets of electoral rolls free of cost.
Media Access: Recognized parties can use state-owned Akashvani/Doordarshan facilities for broadcasting/telecasting during general elections.
Additional Perks: Recognized parties can avail of other advantages such as subsidized land for party offices, among others.