Political Parties are an essential institutional concept in India's multi-party democratic system, defined as voluntary associations of individuals who share similar political views and seek to gain power through constitutional means to promote national interests. The origin of political parties in India is traced back to the freedom movement, with the Indian National Congress (INC) being organized in 1885 as the first major political party. This solved the problem of providing a unified platform for political recruitment and mass mobilization against colonial rule.
The legal framework for political parties is primarily governed by the Representation of the People Act, 1951 (RPA, 1951), not the Constitution itself, making them extra-constitutional entities. Section 29A of the RPA, 1951 mandates that any association seeking to be a political party must register with the Election Commission of India (ECI). Registration requires the party to pledge true faith and allegiance to the Constitution of India and its principles, and to have at least 100 registered electors as members. The ECI grants recognition as a National Party or State Party based on electoral performance criteria, such as securing a minimum percentage of votes or seats in Lok Sabha or State Assembly elections. Recognition grants privileges like a reserved election symbol and free broadcast time.
Political parties connect directly to the Tenth Schedule of the Constitution, which was added by the 52nd Amendment Act, 1985, and deals with the disqualification of legislators on the grounds of defection, thereby acknowledging parties as a distinct entity in the constitutional structure. Regarding funding, Section 29C of the RPA, 1951 requires registered parties to declare all donations exceeding ₹20,000 to the ECI. A recent change occurred in 2016 (effective from January 1, 2014), where the ECI amended the review process for recognized party status from after every election to after two consecutive elections, allowing a party to retain its status even if it fails to meet the criteria in the immediate next election.