- The Election Commission decides which faction of a split party keeps the original symbol and name
- Disputes are resolved by assessing organisational strength and legislative support of factions
- The Trinamool Congress symbol battle highlights the Commission's critical role in party recognition
The battle over the Trinamool Congress' iconic flowers-and-grass symbol has once again put the spotlight on one of the Election Commission of India's most consequential powers-deciding which faction of a divided political party gets to inherit its name, identity and electoral legacy. While political splits often play out in legislatures and public rallies, the fight over a party's election symbol is settled before the Election Commission, where rival factions must establish that they, and not their opponents, are the "real" political party under the law.
"Whenever there is a dispute, the Election Commission issues notices to the rival factions and asks them to substantiate their claims. They have to show their numbers and establish why they believe they are the real party," former Chief Election Commissioner SY Quraishi told NDTV.
The Trinamool Congress dispute is the latest in a series of high-profile battles over election symbols that have reshaped political succession in India. The split in the Shiv Sena culminated in the Election Commission recognising one faction as the original party and awarding it the historic bow-and-arrow symbol, while the rival camp was allotted a new name and the flaming torch symbol. Months later, the Nationalist Congress Party witnessed a similar contest, with the Commission deciding which faction would retain the party's clock symbol. In each case, the outcome was determined not by political rhetoric but by a legal framework that governs party recognition and election symbols.
The Election Commission derives its authority from Article 324 of the Constitution, which vests in it the superintendence, direction and control of elections. That constitutional mandate is supplemented by the Representation of the People Act, 1951, and more specifically by the Election Symbols (Reservation and Allotment) Order, 1968. The Order governs the recognition of political parties, the allocation of election symbols and the resolution of disputes when recognised parties split.
Election symbols are more than campaign emblems. Introduced to help voters identify candidates irrespective of literacy, they have evolved into political brands carrying decades of goodwill and public recognition. The Symbols Order classifies them into reserved and free symbols. Reserved symbols are allotted exclusively to recognised national and state parties, while free symbols are assigned to registered unrecognised parties and independent candidates. Once a party earns recognition, its reserved symbol becomes an exclusive electoral asset.
When a recognised political party splits, the dispute is decided under Paragraph 15 of the Election Symbols Order. The provision empowers the Election Commission to determine which rival faction is entitled to the recognised party's name and reserved symbol after examining the evidence placed before it.
"The Commission looks at the organisational strength of the party and the support it enjoys among Members of Parliament and Members of the Legislative Assembly. The faction that commands the majority is declared the main party. There has to be one recognised party in both the organisation and the legislature," Quraishi told NDTV.
The Commission's inquiry begins with the party's own constitution. It examines whether organisational elections, appointments of office-bearers and meetings of authorised bodies were conducted in accordance with the party's rules. Where rival factions dispute the validity of those processes or the constitution itself, the Commission moves beyond internal documents to examine evidence of organisational control.
Membership registers, lists of delegates, resolutions, minutes of meetings and affidavits are scrutinised to determine which faction controls the party organisation. It separately verifies support within the legislative wing by assessing the strength of Members of Parliament and Members of Legislative Assemblies backing each faction. These principles have evolved through the Commission's own precedents and were affirmed by the Supreme Court in Sadiq Ali v. Election Commission of India (1972), which upheld the constitutional validity of Paragraph 15 and recognised the Commission's authority to determine which faction represents the original political party.
The Commission does not adjudicate ideological disputes or determine which faction has remained faithful to a party's founding principles. Its inquiry is confined to a legal question: which faction represents the recognised political party under the Election Symbols Order.
Such proceedings, however, are rarely concluded quickly.
"It takes at least three months because every claim and every document has to be examined," Quraishi said.
That timeline assumes significance when elections are around the corner. If the Commission is unable to conclude proceedings before the electoral process begins, it may issue an interim order. The reserved symbol may be frozen and both factions directed to contest under different names and temporary symbols until a final decision is taken.
"The Commission can allot symbols even outside the list of free symbols, provided they do not resemble any existing symbol," Quraishi said.
This enables the Commission to assign distinct temporary symbols without creating confusion among voters while preserving the integrity of the electoral process until the dispute is adjudicated.
The Shiv Sena dispute illustrated how these interim arrangements operate in practice. Before the Commission delivered its final verdict, the rival factions were allotted separate names and temporary symbols to contest elections. A similar process unfolded during the Nationalist Congress Party split before the Commission eventually ruled on which faction represented the recognised party.
If the Trinamool Congress dispute formally comes before the Election Commission under Paragraph 15, the verdict will rest not on political claims but on documentary evidence, organisational control and legislative support. The Commission's decision will determine which faction retains the party's recognised status, its reserved symbol and, with it, the electoral identity built over decades.
