Introduction
The constitution of India Guarantees to its citizen to form association or unions under Article 19(1)(c), This right implicitly mention the right to form political Organization. Enabling citizens to contest for power. However the procedural reality is in the statutory framework of representation of people Act, 1951. This intersection creates a defining gauntlet for any new political entity, while the constitution provides the right to exists, the Representation of people Act, dictates the real terms of electoral combat.
The journey from a collective idea to be a legally recognized political competition is a complex legal process includes formalities like registration, eligibility criteria for recognition, allotment of symbols etc. This framework is designed to ensure order and integrity in electoral process.
It is within this legal arena, Jan Suraaj launched by political strategist-turned politician Prashant Kishore, emerges as a critical case study. This Article contains the launch and early trajectory of Jan Suraaj in Bihar as a lens to analyze this legal gauntlet of new political party in India.
This article will analyze the party’s path through the stages of the RPA,1951 from its formal registration with election commission of India to its official recognition.
The Statutory Hurdle – Registration under section 29A, RPA 1951.
For a political party to contest under common symbol, first it must secure its legal personality from the Election Commission of India. This transformation from an association to a recognized political party in India is governed by section 29A of the Representation of people Act, 1951[2], For Jan Suraaj, Compliance with this section was non-negotiable first in this journey.
The Legal Formalities: Scrutiny at Inception
The for registration under sec 29A of RPA,1951 is a process of scrutiny. Jan Suraaj was required to fulfill a detailed checklist of a legal formalities, which serve as a test for its constitutional commitment and organizational stability.
- The Oath Of Allegiance : The party was mandated to swear a solemn oath, affirming its faith in allegiance to the constitution of India. It is a foundation legal commitment that form the basis for the ECI’s evaluation.
- The Party’s Constitution : Submission of a copy of Party’s memorandum or rules and regulations was required. This document must contain specific non-negotiable provisions, such as-
- An open democratic internal structure for its organizational functioning.
- The election of its office – bearers at regular intervals.
- An accessible membership register open for ECI inspection.
- A commitment of participation in the elections of state and national levels.
- Particulars Of Office-Bearers : The party was obligated to disclose its key office-bearers, thereby formally registering its leadership hierarchy and creating a public record for accountability. This process ensures that a party is not just ad-hoc group but an entity with a defined structure.
Discretionary Power of the ECI and the Judicial Review Standard
The ECI’s power under sec 29A of RPA,1951 is not merely administrative but it is a quasi-judicial discretionary power. The Commission is not bound to resister every entity that submits an application it has the authority to enquire into the validity of the application and reject it if seems the party unworthy for registration.
For Jan Suraaj this framework means that its application was subjected to an examination against these statutory and judicial standards. Its successful registration signifies that ECI found its application to be in compliance with the laws.
The Identity Crisis – The Battle For A Symbol Under The 1968 Order[3].
If a party clears the hurdle of registration, it immediately faces its next challenge in establishing an identity on the ballot. In a country with significant literacy challenges, the symbol is not merely a logo; it is the primary vehicle of a party’s identity in an election. The Election symbol ( Reservation and Allotment ) Order, 1968 governs this subject, Which creates a legal and practical dichotomy between ‘reserved’ and ‘free’ symbol.
The Legal Dichotomy: Reserved vs Free Symbol
The 1968 order creates a two tiered system for election symbol :-
- Reserved Symbol :- These symbols are (such as thee BJP’s ‘Lotus’ or the RJD’s ‘Lantern’) that are exclusively allotted to recognized National and State parties. This reservation is granted under paragraph 10 of the Order, The key characteristic of a reserved symbol is its exclusivity.
- Free Symbol :- For registred-but-unrecognized parties like Jan Suraaj. The pool of available symbols is the list of ‘free symbols’ notified by the Election Commission. These are symbols not reserved for any recognized party. The allotment governed by paragraph 12, is typically done on first come, first serve basis. The battle for a symbol is far more than an administrative step; it is a battle for a stable protected and effective political identity. Until it achieves the electoral performance necessary for state party recognition.
Hence, Jan Suraaj selected “School Bag” as Its Election Symbol.
Why did Jan Suraaj pick ‘school bag’ as its Election symbol?[4]
“Our entire focus is on education and employment, and that’s why the school bag is our election symbol,” Kishor was quoted as saying by Indian Express, welcoming the Election Commission’s decision.
Jan Suraaj was Officially launched by Kishor in October 2024 after his two-year-long padayatra across Bihar. The party has announced plans to contest all 243 assembly seats, positioning itself as an alternative to established parties – the JD (U), the RJD and the Congress.
Jan Suraaj believes education is the key to ending poverty, creating employment and curbing migration from Bihar, said Kishor, who worked as a political strategist before becoming a full-fledged politician.
“Education is the biggest tool to eradicate poverty in Bihar,” he said.
Conclusion
From a ‘Padyatra’ in Bihar to become a political party in Bihar, The journey of Jan Suraaj to secure registration under section 29A of the Representation of people Act,1951. This sequential legal gauntlet is designed to ensure order and authenticity in the process, The story of Jan Suraaj shows a simple truth, A party can have a great message and lots of pubic support, but it must still follows the Government’s rulebook. Its real fight isn’t just against the other political parties but also with the system’s complicated substantive and procedural rules , to become relevant Political Competition in Indian Democracy.
[1]Author is 2nd Year B.B.A.LL.B Student at Govt. New Law College, Indore
[2]Representation Of People Act, 1951
[3]The Election symbol ( Reservation and Allotment ) Order, 1968
[4]https://www.livemint.com/elections/assembly-elections/twenty-years-on-why-nitish-kumar-remains-bihar-s-most-enduring-political-brand-a-ground-assessment-11762154305264.html
Author Name- Bhaskar Gupta, 2nd Year B.B.A.LL.B Student at Government New Law College, Indore
