The Election Commission of India's decision to freeze the name and the 'flowers and grass' symbol of the All India Trinamool Congress, also known as TMC, in West Bengal has triggered a political debate in India. The poll body took the decision amid a dispute between the two TMC factions over their claims to the party's name and symbol for the upcoming state bypolls.
After freezing the original name and symbol, the EC temporarily allotted new names and symbols to the two factions led by former West Bengal Chief Minister Mamata Banerjee and Arup Roy. However, freezing the original name and symbol does not affect the registration of the party and restrict any of the factions from contesting the polls.
The political crisis faced by TMC is not new in India. Following splits, Shiv Sena, AIADMK, Kerala Congress (M), Nationalist Congress Party (NCP) and Janata Dal have undergone similar procedures before the ECI.
For political parties like TMC, which have a long political history, contesting under a new name and symbol can amount to losing their identity. However, the Election Commission, as a constitutional body, has the authority to adjudicate disputes related to party names and symbols.
In its interim order issued on September 17, barring the rival TMC factions from using the original party's name and symbol in the West Bengal bypolls, the Election Commission cited the Election Symbols (Reservation and Allotment) Order, 1968, to justify its decision.
The EC said the dispute between the two factions requires substantive determination under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order. It ruled that, pending determination of the dispute, neither faction can use the name All India Trinamool Congress (AITC) or the reserved 'flowers and grass' symbol.
Under the Election Symbols (Reservation and Allotment) Order, 1968, the poll body is empowered to recognise political parties and allot symbols. Whenever a dispute arises between rival factions or groups of a recognised political party staking claim to its name and symbol, the Election Commission can intervene and decide the matter.
“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,” states Paragraph 15 of the Election Symbols Order.
In 1971, the Supreme Court of India also upheld the Election Commission's authority in such matters while hearing the case of Sadiq Ali and another vs ECI.
In such disputes, the Election Commission asks the rival factions to establish their support within the organisational and legislative wings of the party.
When the EC finds itself unable to determine the strength of rival groups based on support within the party organisation, it may rely on testing strength of elected Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).
After completing these formalities, the poll authority may decide in favour of one faction by holding that it commands sufficient support in the organisational and legislative wings to be entitled to the recognised party's name and symbol. Following this, it may allow the other faction to register itself as a separate political party.
In 2023, the EC recognised the faction led by Maharashtra Deputy Chief Minister Eknath Shinde as the real Shiv Sena and granted it the party's official 'bow and arrow' symbol after examining the strength of its MLAs and MPs.
Apart from organisational strength, the EC would consider factors such as which faction was committed to the ideology and constitution of the original party. After declaring one faction to be the original party, the Commission may ask the other group to register as a separate political party.
In 2022, Kerala Congress also faced a similar political crisis after a dispute between two factions, one led by KM Mani and the other by PJ Joseph, resulted in a split.
After taking into account the majority test and the numerical strength of party legislators and organisational committees, the EC allotted the 'two leaves' symbol to the Jose K Mani faction. Although the decision triggered a legal battle initiated by PJ Joseph, the Commission managed to settle the dispute in 2025 after recognising his Kerala Congress as a state party and allotting it the autorickshaw symbol.
The Election Commission may permanently freeze the party's name and symbol if the party is vertically divided or if it is not possible to determine which group commands a majority.
In such circumstances, the rival groups may be asked to register themselves under new names or add prefixes or suffixes to their existing party names.
In 1999, the EC issued an order permanently freezing the original wheel symbol of Janata Dal following the party's split into rival factions led by Sharad Yadav and HD Deve Gowda.
As uncertainty over the dispute continued, the EC designated the Yadav-led faction as Janata Dal (United), or JD(U), and Gowda's party as Janata Dal (Secular), or JD(S).
Political parties aggrieved by an EC decision can approach the High Court or the Supreme Court under Article 32 of the Constitution of India, which guarantees the right to constitutional remedies, or Article 226, which empowers High Courts to issue writs to persons, authorities or governments.
Uddhav Thackeray has moved a petition in the Supreme Court challenging the Election Commission's decision to recognise the Eknath Shinde faction as the official Shiv Sena. A final decision in this case is pending.
Challenging the EC's interim order, Mamata Banerjee also moved two pleas in the Supreme Court on September 18. Though EC is a constitutional body, the Supreme Court has the authority to set aside its order if any procedural lapses are found and direct it to hear the matter afresh.