2. The Arup Roy-led faction, meanwhile, will be called Democratic Trinamool Congress, with the ‘envelope’ symbol. This came a day after the EC froze the TMC’s name and “flowers and grass” symbol.
3. When political parties split, their names and symbols can become subjects of dispute—bringing the ECI’s powers under the Symbols Order, 1968 into focus, a key theme for UPSC CSE exam.
How are symbols allotted to political parties in the first place, and do parties have a say in choosing them? Let’s understand in detail.
How does ECI allot election symbols to political parties in India?
4. The Election Commission of India (ECI) is responsible for the allotment of symbols. This is done under The Election Symbols (Reservation and Allotment) Order, 1968.
5. It is meant “to provide for specification, reservation, choice and allotment of symbols at elections in Parliamentary and Assembly Constituencies, for the recognition of political parties…”
6. Symbols can be either reserved, meaning they are exclusive to a recognised political party (having garnered a minimum amount of votes or seats at the national or state level elections), or ‘free’.
7. Unrecognised registered parties’ candidates, for instance, can choose from free, non-exclusive symbols.
8. These parties are newly registered or have not secured enough percentage of votes in the Assembly or General elections to fulfil the prescribed criteria to become a state party.
9. After being selected by parties, in subsequent elections, these symbols are declared free again for others to choose. Recognised national and state parties get exclusive symbols.
10. For example, when it came to selecting an election symbol for the 1993 Uttar Pradesh Assembly polls, Samajwadi Party leader Mulayam Singh Yadav picked the symbol of a bicycle from the given options, believing it would represent the farmers, the poor, labourers, and the middle class.
11. The EC then publishes lists specifying the parties and their symbols through a notification in the Gazette of India.
(AI generated)
Do political parties get to state their preferences?
12. The 1968 order mandates the EC to provide for “specification, reservation, choice and allotment of symbols at parliamentary and assembly elections, for the recognition of political parties”.
13. For unregistered parties, they are supposed to give the names of ten symbols, in order of preference, out of the list of free symbols notified by the commission.
14. The order also states, “A party may, if it so desires, also propose three new symbols of their choice, with the names and clear design and drawings of symbol, in the order of preference, for allotment to its candidates, which the Commission may consider for allotment as its common symbol if there is, in its opinion, no objection in allotting such symbol.”
15. Symbols proposed by the parties should have no resemblance to the existing reserved symbols or free symbols, or any religious or communal connotation, or depict any bird or animal.
How does the EC decide on splits within parties?
16. On the question of a split in a political party outside the legislature, Para 15 of the Symbols Order, 1968, states: “When the Commission is satisfied…that there are rival sections or groups of a recognised political party each of whom claims to be that party the Commission may, after taking into account all the available facts and circumstances of the case and hearing (their) representatives…decide that one such rival section or group or none of such rival sections or groups is that recognised political party and the decision of the Commission shall be binding on all such rival sections or groups.”
17. This applies to disputes in recognised national and state parties (like the TMC). For splits in registered but unrecognised parties, the ECI usually advises the warring factions to resolve their differences internally or to approach the court.
18. When a recognised political party splits, the Election Commission takes the decision to assign the symbol.
19. For instance, the Congress party, in the first elections of 1952, had a pair of bulls as its symbols. Following splits in the party over the years, the current symbol of hand eventually went to the party.
20. More recently, the EC allowed the Eknath Shinde faction of the Shiv Sena to retain the party’s traditional bow and arrow symbol, while the Udbhav Tackeray faction was allotted a flaming torch.
21. The factions had asked for the trident (trishul) and the mace (gada), which were rejected citing religious connotations. Both factions had also wanted the ‘rising sun’, which the EC pointed out was the DMK’s election symbol.
BEYOND THE NUGGET: How are members of the Election Commission appointed?
1. Article 324(2) of the Constitution states that Election Commissioners should be appointed in a manner “subject to the provisions of any law made on that behalf by Parliament.”
2. But the Parliament had not enacted a law governing appointments to the Election Commission, and Chief Election Commissioner and Election Commissioners were being appointed by the President on the advice of the executive.
3. In its judgement in Anoop Baranwal vs Union of India, the Supreme Court had laid down an interim mechanism under which appointments would be made by a committee comprising the Prime Minister, the Leader of Opposition in Lok Sabha and the Chief Justice of India.
4. The bench had underlined the importance of an independent Election Commission and observed that those entrusted with conducting elections must be insulated from executive influence.
5. Parliament subsequently enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
6. The law states that the CEC and ECs will be appointed by a selection panel comprising the Prime Minister, Leader of Opposition, and a Union Cabinet Minister.
7. Further, under Section 7(2), the Act ensures that an appointment “shall not be invalid merely by reason of any vacancy in or any defect in the constitution of the Selection Committee.”
8. The 2023 Act also creates a two-pronged process involving a search committee headed by the Law Minister under Section 6, which prepares a panel of names for the selection committee.
9. But under Section 8(2), the selection committee is not bound by that shortlist and can consider “any other person” meeting the eligibility criteria. This gives the panel wide discretion to bypass the formal search process altogether.
10. The Supreme Court of India recently delivered a 1:1 split verdict on whether the legal challenges to the Chief Election Commissioner Act, 2023 should be referred to a larger Constitution Bench, officially placing the final decision before the Chief Justice of India.
Post Read Questions
(1) Consider the following statements: (UPSC CSE, 2017)
1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 3 only
(2) Consider the following tasks: (UPSC CS, 2004)
1. Superintendence, direction and conduct of free and fair elections.
2. Preparation of electoral rolls for all elections to the Parliament, State Legislatures and the Office of the President and the Vice President.
3. Giving recognition to political parties and allotting election symbols to political parties and individuals contesting the election.
4. Proclamation of final verdict in the case of election disputes.
Which of the above are the functions of the Election Commission of India?
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1 and 3
(d) 1, 2 and 4
Answer key: 1. (d) 2. (a)
(Sources: Why did Election Commission freeze TMC symbol and name, allot new ones to rival factions?, Hand, Lotus, noodle bowl, charger and more: How are symbols allotted to political parties in India?, Tyranny of the elected’: Why Supreme Court has flagged Election Commission appointment procedure)
🚨Click here to read the UPSC Essentials magazine for September 2026. Share your views and suggestions in the comment box or write to us at manas.srivastava@indianexpress.com.
🚨Subscribe to our UPSC newsletter. Stay updated with the latest UPSC articles by joining our Telegram channel – Indian Express UPSC Hub, and follow us on Instagram and X
The Election Commission of India decides how election symbols are specified, reserved and allotted, with the Symbols Order, 1968 providing the governing framework. (Representational image generated by AI) 
(AI generated)
Share
