Election Symbols (Reservation and Allotment) Order, 1968

Background

The Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter the Order) was issued by the Election Commission of India (ECI) under the powers conferred by the Representation of the People Act, 1951. At the time of its promulgation, Indias political landscape was rapidly expanding with the emergence of countless regional parties, massbased social movements and a large number of independent candidates. The need for a uniform system of recognizing and reserving symbols became evident to avoid confusion among voters, especially those who are illiterate or have limited exposure to political discourse.

The Order introduced a mechanism whereby certain symbols are reserved for recognised political parties, while others remain available for eligible unrecognised parties and independent candidates. The distinction is crucial because a symbol on a ballot paper serves as the visual identifier that voters associate with a partys ideology, leadership and manifesto.

Legal Basis

The authority for the Order derives primarily from:

• Section 17(1)(b) of the Representation of the People Act, 1951, which empowers the Commission to reserve and allot symbols to political parties.
• Article 324 of the Constitution, which vests the superintendence, direction and control of elections in the ECI.
• Subsection (3) of Section 5 of the Representation of the People Act, which defines a recognised party and lays down the criteria for recognition.

These provisions collectively enable the Commission not only to allocate symbols but also to revise the list of reserved symbols from time to time, ensuring that the process remains dynamic and responsive to the evolving party system.

Key Provisions of the Order

1. Classification of Symbols

The Order classifies symbols into three broad categories:

• Reserved Symbols exclusively allotted to recognised parties (both national and statelevel) based on their status.
• Free Symbols open to allocation for unrecognised parties and independent candidates after a transparent application process.
• Prohibited Symbols symbols that cannot be used because they are deemed offensive, likely to create confusion or have been historically misused.

2. Criteria for Recognition

A party must satisfy either of the following to become recognised:

• Secure at least 6% of the valid votes in at least 100 constituencies in a Lok Sabha (General) election, or
• Win a minimum of 2% of the total seats in a Lok Sabha or a State Legislative Assembly election.

Meeting these thresholds grants the party a set of reserved symbols for the next election cycle.

3. Allotment of Reserved Symbols

Once recognised, a party may claim a reserved symbol from the Schedule of Reserved Symbols. If the requested symbol is already occupied by another recognised party, the Commission may either:

• Assign an alternate reserved symbol, or
• Allow the party to share a symbol in case of mergers or alliances, subject to the partys consent.

4. Application Process for Unrecognised Parties and Independents

Applicants must submit a written request using Form 7A, accompanied by a declaration that the symbol is not being used elsewhere and that it does not contravene the prohibited list. The Commission examines the request, checks for duplication, and then publishes the decision in the Official Gazette.

5. Revision and Withdrawal

Symbols can be withdrawn or reallotted under the following circumstances:

• The party fails to maintain its recognised status in the subsequent election.
• The symbol is found to be misleading or causes public confusion.
• A formal grievance is lodged by any political entity or an aggrieved citizen, and the Commission determines merit.

Allotment Process Step by Step

1. Submission of Application: Party submits Form 7A (or Form 7B for a recognized party seeking a new symbol) to the ECI office.
2. Preliminary Scrutiny: ECI officials verify the applicants eligibility, check for prior claims, and ensure the symbol is not on the prohibited list.
3. Public Notice: A provisional list of allotted symbols is published on the Election Commissions website, inviting objections within a stipulated period (usually 7 days).
4. Objection Handling: Any objection received is examined by a designated committee. If objections are upheld, the symbol may be reassigned.
5. Final Allotment: The final order is issued, and the symbol is entered into the official register of party symbols.
6. Communication: The party receives a certification letter confirming the symbol, which must be displayed on its electoral material.

The symbol is the visual embodiment of a partys identity; safeguarding its allocation preserves the integrity of the democratic process.

Contemporary Issues and Debates

Although the 1968 Order laid a solid foundation, several challenges have emerged over the decades:

1. Symbol Overlap in Regional Contexts

Indias federal structure harbours multiple statelevel parties whose symbols may appear similar to those of national parties, leading to voter confusion in shared constituencies. The Commission periodically revises the list to minimize overlap.

2. Digital Media & Symbol Usage

With the rise of social media, parties now use logos and hashtags alongside official symbols. The Order does not explicitly regulate such digital identifiers, prompting calls for updated legislation that encompasses online branding.

3. Independent Candidates and Symbol Scarcity

Independent candidates frequently face difficulties obtaining a free symbol, particularly in highdensity electoral districts where most free symbols are already allotted. Some scholars advocate for a larger pool of neutral symbols reserved exclusively for independents.

4. Legal Challenges

There have been instances where parties contested the Commissions decision in courts, arguing arbitrary withdrawal of symbols. The judiciary has, in most cases, upheld the Commissions discretionary powers, emphasizing the need for a functional and impartial symbol allocation system.

5. Calls for Periodic Review

Stakeholders suggest that the Order be reviewed every ten years to reflect changes in political dynamics, literacy rates, and technology. While the Commission does issue circulars and amendments, a formal statutory review mechanism is absent.

References

• Election Commission of India, Election Symbols (Reservation and Allotment) Order, 1968 (original Gazette notification).
• Representation of the People Act, 1951, Sections 5, 17, 31.
• J. N. Nanda, Political Party Symbols in Indian Elections, Journal of Indian Democracy, vol. 12, no. 3, 2019.
• Supreme Court of India, All India Anna Dravida Munnetra Kazhagam v. Election Commission of India, (2008) 2 SCC 587.
• Election Commission of India, Guidelines for Allotment of Symbols to Unrecognised Parties and Independent Candidates, 2023 circular.