Who has the final authority to issue symbols to the political parties and solve disputes between the factions of a party claiming…

Question

Who has the final authority to issue symbols to the political parties and solve disputes between the factions of a party claiming the same symbol?

1. A. Parliament of India
2. B. Supreme Court of India
3. C. Ministry of Law and Justice
4. D. Election Commission of India (Correct answer)

Correct Answer

Option D — Election Commission of India

Detailed Solution & Explanation

The correct answer is Election Commission of India.

Key Points

• The Election Commission of India (ECI) has the final authority to allot symbols to political parties and to decide disputes between rival factions of a party claiming the same symbol.
• This power derives from the Election Symbols (Reservation and Allotment) Order, 1968, issued by the Commission under Article 324 of the Constitution and the Conduct of Elections Rules, 1961.
• Paragraph 15 of that Order specifically empowers the Commission to decide, in the case of a split in a recognised party, which of the rival groups is that party — and its decision binds all factions.

Additional Information

• The tests the Commission applies in a symbol dispute, following ***Sadiq Ali v. Election Commission of India* (1971), are the test of majority — support among elected legislators and among the party's organisational wing — and the test of the party's aims and constitution**.
• Where neither faction can establish a clear majority, the Commission may freeze the original symbol and allot fresh symbols to both groups, as it did in the Shiv Sena and Nationalist Congress Party disputes.
• Categories of symbols:
  • Reserved symbols — allotted exclusively to recognised national and state parties.
  • Free symbols — available to registered unrecognised parties and independent candidates.
• Recognition criteria are based on the vote share and number of seats won in general or assembly elections; a national party must satisfy the prescribed threshold in at least four states.
• The Supreme Court's role is limited to judicial review of the Commission's decision — it does not decide the symbol claim itself, which is why option B is incorrect. Parliament and the Ministry of Law and Justice have no role at all in symbol allotment.