Political Party Rules & Laws

1

Registering a Political Party

Any group of citizens can form and register a political party with the Election Commission of India under Section 29A of the Representation of People Act, 1951.

📌 Steps to Register a Party

Submit application to ECI with party name, flag, symbol and constitution
Party constitution must pledge allegiance to the Constitution of India
Must have at least 100 members on the founding rolls
ECI publishes notice inviting objections; 30-day window for objections
Party is registered after ECI is satisfied — gets a unique party code
TVK was registered on 2 February 2024

2

National vs State Party — Recognition Status

Category	Criteria	Benefits
National Party	Must win 2% Lok Sabha seats from 3+ states OR get 6%+ votes in 4 states with 4 Lok Sabha seats	Reserved symbol used across India; free broadcast time on Doordarshan
State Party	Get 6%+ votes in state assembly election + win 2 seats OR win 3% of total seats	Reserved symbol in that state; free broadcast time on state Doordarshan
Registered (Unrecognised)	Registered with ECI but does not meet above criteria	Can contest elections; no reserved symbol

📌 TVK Status

TVK is currently a Registered (Unrecognised) Party at national level
After winning 108 seats in 2026 TN Assembly, TVK qualifies for State Party recognition in Tamil Nadu
TVK's vote share: 34.92% — well above the 6% threshold

3

Anti-Defection Law — 10th Schedule

The Anti-Defection Law (10th Schedule) was added by the 52nd Constitutional Amendment in 1985. It prevents elected members from switching parties after election. It is one of the most important laws for any MLA or MP to understand.

📌 When is an MLA Disqualified?

Voluntarily gives up membership of the party on whose ticket they were elected
Votes or abstains from voting contrary to the party whip (direction) without permission
Independently elected member joins a political party after election
Nominated member joins a party after 6 months of taking seat

📌 Exception — Merger Rule

Disqualification does NOT apply if at least 2/3 of a party's members in the legislature vote to merge with another party
Simple majority split is NOT enough — must be 2/3
Decision on disqualification is made by the Speaker/Chairman — challengeable in High Court

4

Party Symbols — Allotment & Disputes

Election symbols are governed by the Election Symbols (Reservation and Allotment) Order, 1968. National party symbols are reserved exclusively for that party across India. State party symbols are reserved in that state only.

📌 When a Party Splits — Symbol Dispute

ECI decides which faction gets the original party symbol
ECI looks at who has majority support among: legislators, delegates, organisational strength
Classic example: AIADMK split in 2017 — OPS vs EPS factions; ECI eventually sided with EPS faction
TVK's symbol: Two hands with a torch (Vettri Vizhakku)

5

Party Funds & Electoral Bonds

Political parties can receive donations from individuals and companies. The Income Tax Act gives exemptions to parties and donors. The Electoral Bonds Scheme (introduced 2018, struck down 2024 by Supreme Court) was one mechanism for political funding.

📌 Party Finance Rules

Donations above ₹20,000 must be disclosed in party's annual audit report
Donations to parties are 100% exempt from income tax (Section 80GGC)
Companies can donate up to 7.5% of average 3-year net profit (Section 182 Companies Act)
Electoral Bonds — Supreme Court declared unconstitutional in February 2024
Parties with annual income above ₹20 crore must get accounts audited
ECI can delist a party for not submitting audited accounts