Presently, national parties(9) are : the CPI, CPI-M, Trinamool Congress, Bahujan Samaj Party, Nationalist Congress Party, National People’s Party, the BJP and the Congress and recently inducted Aam Aadmi Party.

The right to form co-operative societies is a fundamental right under Article 19 (1)(c), but the right to form political parties is not.

According to the Election Commission, any party seeking registration has to submit an application to the Commission within a period of 30 days following the date of its formation as per guidelines prescribed by the Commission in exercise of the powers conferred by Article 324 of the Constitution of India and Section 29A of the Representation of the People Act, 1951. The registration of all political parties is governed by the provisions of Section 29A of the Representation of the People Act, 1951.

Only an association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of Part-IV-A of the Representation of the People Act, 1951, (relating to registration of political parties) is required to get itself registered with the Election Commission of India.

As per the ECI’s Political Parties and Election Symbols, 2019 handbook, a political party would be considered a national party if:

i. it is ‘recognised’ in four or more states; or

ii. if its candidates polled at least 6% of total valid votes in any four or more states in the last Lok Sabha or Assembly elections and has at least four MPs in the last Lok Sabha polls; or

iii. if it has won at least 2% of the total seats in the Lok Sabha from not less than three states.

To be recognised as a state party, a party needs:

i. at least 6% vote-share in the last Assembly election and have at least 2 MLAs; or

have 6% vote-share in the last Lok Sabha elections from that state and at least one MP from that state; or

ii. at least 3% of the total number of seats or three seats, whichever is more, in the last Assembly elections; or

iii. at least one MP for every 25 members or any fraction allotted to the state in the Lok Sabha; or

iv. have at least 8% of the total valid votes in the last Assembly election or Lok Sabha election from the state.