Practice and Procedure of Parliament
394
CHAPTER XIV
Recognition of
Political Parties in Parliament
Party system is an integral part of any system of democratic governance more
so, in a parliamentary form of government. Barring a few members who may not be
attached to any party, most members of Parliament have a dual capacity: they represent
a constituency and a party. There is always a party or coalition of parties in power
and party or parties in Opposition.
In the Central Legislative Assembly, there was nothing correspond to
party system as the expression is understood in a parliamentary democracy
where the party in power is responsible to the House. The parties were to be
found only in Opposition: there was no party in power as such.
Though the Moderates were returned to the first Assembly in
‘prepondering numbers’, they did not form any ‘permanent party division’1.
After the second elections in 1923, a ‘compact, disciplined and well-organized’
Swarajist Party was formed in the Assembly by two Congressmen, C.R. Dass
and Motilal Nehru. The Swarajists and the Independent Group, however, did
not include between them the whole of the elected members. It was in 1927
that there developed in the third Assembly, for the first time, something like
the distribution of the greater part of the elected members into organized
groups2. The Swarajists, the Independents3, the Nationalists4, the Central
Moslem Party5, and the European Group.
In 1932, in obedience to the Congress mandate, the Swarajist Party
boycotted the Legislature. In 1934, however, the Party revised its Constitution
under which it was to act as a part of the Congress organization except in its
internal administration, in regard to which it had a free hand6.
1.
Simon Report, pp. 250 and 257. Political opinion at that time was divided into Moderates and
Extremists. To the latter, the Montague-Chelmsford Reforms were wholly unacceptable: they did
not, therefore, contest the elections.
2.
Ibid., p. 257.
3.
The Independent Party was led by M.A. Jinnah.
4.
The Nationalist Party was a new party under an old name, consisting of the Responsive
Co-operators and the Hindu Mahasabhaites, led by M.R. Jayakar and N.C. Kelkar-Simon Report,
pp. 256-57.
5.
The Central Moslem Party functioned under the leadership of Sir Zulfiquar Ali Khan.
6.
See Pattabhi Sitaramayya, History of the Indian National Congress, 1935, Vol. 1, pp. 570-71.
Recognition of Political Parties in Parliament
395
The year 1934 was significant not only because of the resuscitation of
the old Swarajist Party but also for the formation of the new Congress National
Party7. In spite of the wide area from which its members were drawn
representing varying shades of interests, the Congress Party in the Assembly
acted like a machine once the party decision on a question had been taken and
working with consummate skill, it functioned as an effective parliamentary
Opposition8.
Members of the Congress Party boycotted the proceedings of the Central
Assembly in 1939 in response to a resolution passed by the Working Committee
of the Congress Party. It was only in 1943 that the Congress members returned
to their seats in the Assembly.
An important event in the evolution of the party system in the Central
Legislature was an understanding between the Congress and the Muslim League
in 1945, born out of a common dislike for the Government. With the lobby
balance tilting in favour of the Opposition, the Government suffered a series
of defeats at the hands of the Congress-League combination9.
When the election, so long delayed owing to the War, were held in 1945,
the newly elected Legislature was a transformed Assembly altogether and
party alignments became clearer and well-defined. The Opposition had the
majority and could and did defeat the Government on many issues, so long as
the Congress and the Muslim League could combine.
It was only when India became independent that there came into being
the parliamentary form of Government with the Cabinet responsible to the
Legislature, a party in power and a number of political groups in Opposition.
One of the characteristic features of Indian polity is the predominance of political
pluralism. A large number of political parties participate in the elections to the Lok
Sabha and the State Legislatures. The strength of the political parties which secured
representation in the Lok Sabha after each General Election, from the First to the
Fifteenth is given in Table I.
7.
This party was formed at a Conference of Congressmen and others at Calcutta in August 1934
under the leadership of Pandit Madan Mohan Malaviya with the object inter alia of carrying on
agitation against the Communal Award – Simon Report, p. 577.
8.
Indian Review, June 1935, p. 409.
9.
In the course of 43 sittings of the Budget Session (1945), the Opposition defeated the Government
on 21 issues and caused a tie on another, only to be saved by the casting vote of the Chair. Against
this, the Opposition lost only two divisions. On four items, inclusive of a Censure Motion, the
Government did not press for a division and suffered defeat silently–Indian Year Book, 1945-46,
p. 958.
364
283
349
15[Cong.(O)]
153
351
13[Cong.(U)]
49411
52012
51813
54215
52416
1957
1962
1967
1971
1977
1980
13.
14.
15.
16.
17.
–
–
–
–
–
–
BJP
31
–
4[Janata(S)]
306
–
–
–
–
–
Janata
35[CPI(M)]
22[CPI(M)]
7(CPI)
25[CPI(M)]
23(CPI)
24(CPI)
19[CPI(ML)]
34
27
27
Communist
Party
4(RSP)
–
3(SSP)
3(RSP)
23(SSP)
14(PSP)
6
13(PSP)
19(PSP)
12
Socialist
Party
–
–
–
–
–
–
10
–
–
22
31
14
4
3
–
–
8
45
25
–
–
Kisan
Jan Swatantra
Mazdoor Sangh Party
Party
16
2(AIADMK)
19
(AIADMK)
23
24
7
–
–
D.M.K.
–
–
–
–
–
–
–
Telugu
Desam
1417
–
1714
–
–
–
–
Other
Parties
6
32
23
56
37
73
71
Independents/
Others
6 seats were vacant on 13 May 1957.
Out of 509 seats, 494 were directly elected; 9 seats were vacant on 24 April 1962.
Out of 523 seats, 520 were directly elected; 3 seats were vacant on 26 July 1967. The number of Congress Party’s seats 283 excluding the seat of the Speaker
who on election to that office resigned from the Congress Party.
518 were directly elected; 5 seats were vacant on 19 May 1971.
As on 19 May 1971: Talangana Praja Samiti – 10, Muslim League – 4, Kerala Congresss — 3.
Directly elected seats; 3 seats were vacant on 23 March 1977.
18 seats were vacant on 10 January 1980.
Jharkhand Party — 1, National Conference — 2, Muslim League — 3, Kerala Congress (I) - 1, Kerala Congress (Mani) — 1, Akali Dal — 1, Sikkim Janata
Parishad — 1, Forward Bloc — 3, Maharashtrawa Gomantak Party - 1.
365
49410
10.
11.
12.
366
489
1952
Year No. of Congress/
directly Congress(I)
elected
members
Table - I : Party Strength in Lok Sabha
(At the first sitting of the House after General Elections in 1952, 1957, 1962,
1967, 1971, 1977, 1980, 1984, 1989, 1991, 1996, 1998, 1999, 2004 and 2009-2014?)
396
Practice and Procedure of Parliament
141
53726
1998
26.
27.
24.
25.
22.
23.
*
**
18.
19.
20.
21.
135
53324
1996
6
43
(JD)
35[CPI(M)]
13(CPI)
32[CPI(M)]
12(CPI)
22[CPI(M)]
6(CPI)
Communist
Party
179 32[CPI(M)]
9(CPI)
160 32[CPI(M)]
11(CPI)
**117
85
–
BJP
5(RSP)
5(RSP)
4(RSP)
4(RSP)
3(RSP)
Socialist
Party
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
Kisan
Jan Swatantra
Mazdoor Sangh Party
Party
16
13
2
28
Telugu
Desam
24
(18 AIADMK) 12
17
11
(AIADMK)
11
(AIADMK)
12
(AIADMK)
D.M.K.
12327
10525
3023
3321
1419
Other
Parties
6
9
1
12
10
Independents/
Others
Including one seat of Amethi constituency declaring late Rajiv Gandhi as elected.
Including two seats each of L.K. Advani and Atal Bihari Vajpayee who contested elections from two constituencies.
36 seats were vacant on 31 December 1984.
National Conference – 3, Bharatiya Janata Party – 2, Muslim League – 2, Lok Dal – 3, Forward Bloc – 2, Kerala Congress (I) – 2.
Figures as on 8 May 1990 – 19 seats were vacant.
AIMIM – 1, JMM – 3, 1PF – 1, MXT(COORD) – 1, MGP – 1, J&K(NC) – 3, Muslim League – 2, KC(M) – 1, Shiv Sena – 3, SAD(M) – 6, BSP – 3, SSP
– 1, ABMS – 1, FB – 3, GNLF – 1.
41 seats were vacant on 20 June 1991.
AIMIM – 1, ASDC – 1, AGP – 1, JMM – 6, JD(G) – 1, HVP – 1, Janata Party – 5, Muslim League – 2, KC(M) – 1, BSP – 1, Shiv Sena – 4, MPP – 1, NPC
– 1, SSP – 1, AIFB – 3.
10 seats were vacant on 22 May 1996.
TMC(M) – 20, SP – 17, Shiv Sena – 15, BSP – 11, SMP – 8, SAD – 8, AGP – 5, AIIC(T) – 4, AIFB – 3, HVP – 3, M.L. – 2, AIMEIM – 1, ASDC – 1,
JMM –1, MPVC – 1, MGP – 1, KC(M) – 1, SDF – 1 and UGDP – 1.
4 seats were vacant on 10 March 1998.
SP – 20, RJD – 17, SMP – 12, BJD – 9, SAD – 8, WBTC – 7, Shiv Sena – 6, BSP – 5, RPI – 4, PMK – 4, INLD – 4, MDMK – 3, LSP – 3, TMC(M) – 3,
A.IFB – 2, ML – 2, AC – 2, JP – 1, HVP – 1, AIRJP – 1, KC(M) – 1, SJP(R) – 1, SDF – 1, PWP – 1, AIIC(S) – 1, ASDC – 1, AIMEIM – 1, UMF – 1 and MSCP
– 1.
1[Cong.(SCS)]
56(ID)
50822
1991
*226
195
141
1(Cong.(SCS)] (JD)
52420
1989
10
399
4[Cong.(S)]
50818
Janata
1984
Year No. of Congress/
directly Congress(I)
elected
members
Recognition of Political Parties in Parliament
397
13333
9
5
SP – 23 (Includes Akhilesh Yadav who has been elected from two constituencies); BSP – 21, AITC – 19, BJD – 14, Shiv Sena – 11, NCP – 9, RLD – 5, SAD
– 4, RJD – 4, J&KNC – 3, AIFB – 2, JMM – 2, MLKSC – 2, TRS – 2, AIMEIM – 1, AGP – 1, AUDF – 1, BVA – 1, BPF – 1,
HJC(BL) – 1, JVM(P) – 1, KC(M) – 1, NPF – 1, SDF – 1, Swabhimani Paksha – 1, VCK – 1.
6
16131
Party Position as on 18 May 2009 i.e., date of constitution of the Fifteenth Lok Sabha.
18(DMK)
9(AIADMK)
1(MDMK)
5
5
33.
–
16(DMK)
4(MDMK)
12029
Independents/
Others
32.
–
–
12(DMK)
29
10(AIADMK)
4(MDMK)
1(MGRAIADMK)
Other
Parties
SP – 35, RJD – 23, BSP – 19, Shiv Sena – 12, BJD – 11, NCP – 9, SAD – 8, PMK – 6, JMM – 5, TRS – 5, LJSP – 4, AIFB – 3, RLD – 3, AITC – 2,
AGP – 2, J&KNC – 2, AIMEIM – 1, BNP – 1, IFDP – 1, J&KPDP – 1, KC – 1, MLKSC – 1, NPF – 1, MNF – 1, NLP – 1, RPI(A) – 1, SJP(R) - 1, SDF - 1.
–
–
–
Telugu
Desam
2 seats vacant as on 2 June 2004 (Date of first sitting of 14 L.S.)
2(RSP)
–
–
D.M.K.
31.
16[CPI(M)]
4(CPI)
3(RSP)
–
Kisan
Jan Swatantra
Mazdoor Sangh Party
Party
30.
116
43 (CPI(M)]
10(CPI)
3(RSP)
Socialist
Party
SP – 25, Shiv Sena – 15, BSP – 14, BJD – 10, AITC – 8, RJD – 7, NCP – 7, INLD – 5, PMK - 5, J&KNC – 4, ALLTC – 2, AIFB – 2, MLKSC – 2,
RLD – 2, SAD – 2, AIMEIM – 1, BBM – 1, HVC – 1, KC – 1, KC(M) – 1, MSCP – 1, PWP – 1, SAD (S.S. MANN) – 1, SDF – 1, SJP(R) – 1.
20[JD(U)]
3[JD(S)]
138
32[CPI(M)]
4(CPI)
1[CPI(M-L)L]
Communist
Party
Elections were to be held in 6 constituencies and 2 seats vacant as on 20 October 1999 (Date of first sitting of 13 LS).
206
54332
2009
8 (JD(U)]
3 (JD(S)]
182
BJP
29.
145
54130
2004
20[JD(U)]
1[JD(S)]
Janata
28.
111
53528
1999
Year No. of Congress/
directly Congress(I)
elected
members
398
Practice and Procedure of Parliament
Recognition of Political Parties in Parliament
ABHMS
Akhil Bharatiya Hindu Maha Sabha
ABLTC
Akhil Bharatiya Lokatantrik Congress
AIFB
All India Forward Bloc
AIIC(T)
All India Indira Congress (Tiwari)
AIIC(S)
All India Indira Congress (Secular)
AIMEIM
All India Majlis-E-Ittehadul Muslimeen
AIRJP
All India Rashtriya Janata Party
AITC
All India Trinamool Congress
AGP
Asom Gana Parishad
AC
Arunachal Congress
ASDC
Autonomous State Demand Committee
AUDF
Assam United Democratic Front
BJD
Biju Janata Dal
BJP
Bharatiya Janata Party
BNP
Bharatiya Navshakti Party
BPF
Bodoland Peoples Front
BSP
Bahujan Samaj Party
BVA
Bahujan Vikas Aaghadi
CPI
Communist Party of India
CPI(M)
Communist Party of India (Marxist)
CPI(ML)
Communist Party of India (Marxist-Leninist)
CPI (M-L) L
Communist Party of India (Marxist-Leninist) Liberation
Cong. (S)
Congress (Socialist)
Cong. (U)
Congress (Urs)
Cong. (O)
Congress (Organisation)
DMK
Dravida Munnetra Kazhagam
GNLF
Gorkha National Liberation Front
HVC
Himachal Vikas Congress
HVP
Haryana Vikas Party
HJC(BL)
Haryana Janhit Congress (Bhajan Lal)
IC (SCS)
Indian Congress (Socialist-Sarat Chandra Sinha)
INC
Indian National Congress
INLD
Indian National Lok Dal
IPF
Indian People’s Front
J&KNC
Jammu & Kashmir National Conference
399
Practice and Procedure of Parliament
400
J&KPDP
Jammu & Kashmir Peoples Democratic Party
JP
Janata Party
JD(G)
Janata Dal (Gujarat)
JD(S)
Janata Dal (Secular)
JD(U)
Janata Dal (United)
JMM
Jharkhand Mukti Morcha
JVM(P)
Jharkhand Vikas Morcha (Prajatantrik)
KC(M)
Kerala Congress (M)
LSP
Lok Shakti Party
LJSP
Lok Jan Shakti Party
MPVC
Madhya Pradesh Vikas Congress
MGP
Maharashtrawadi Gomantak Party
MPP
Manipur People’s Party
MSCP
Manipur State Congress Party
MDMK
Marumalarchi Dravida Munnetra Kazhagam
MC
Marxist Co-ordination
MNF
Mizo National Front
ML
Muslim League
MLKSC
Muslim League Kerala State Committee*
NPC
Nagaland People’s Council
NPF
Nagaland Peoples Front
NLP
National Loktantrik Party
PMK
Pattali Makkal Katchi
PNP
Peasants and Workers Party
PSP
Praja Socialist Party
RJD
Rashtriya Janata Dal
RLD
Rashtriya Lok Dal
RPI
Republican Party of India
RSP
Revolutionary Socialist Party
SAD
Shiromani Akali Dal
SDF
Sikkim Democratic Front
SJP(R)
Samajwadi Janata Party (Rashtriya)
SMP
Samata Party
*.
The merger of the party with the Indian Union Muslim League has been recognised by the
Speaker, w.e.f. 22-6-2012.
Recognition of Political Parties in Parliament
SP
Samajvadi Party
SS
Shiv Sena
SSP
Sikkim Sangram Parishad
SSP
Samyukta Socialist Party
TDP
Telugu Desam Party
TMC
Tamil Maanila Congress (Moopanar)
TRS
Telangana Rashtra Samithi
UGDP
United Goa Democratic Party
UMF
United Minorities Front
VCK
Vidhuthalai Chiruthaigal Katchi
WBTC
West Bengal Trinamool Congress
401
Speaker Mavalankar once remarked that democracy will never grow on proper
lines unless there are the fewest number of parties, possibly not more than two major
parties which can almost balance each other as the Government and the Opposition34.
During the First Lok Sabha, on requests from leaders of parties, the matter regarding
recognition of Parliamentary Parties/Groups and allotment of seats was discussed by
Speaker Mavalankar with leading members of the House. With a view to discouraging
multiplication of parties and growth of splinter groups, he laid down general principles
based on which recognition can be given to political parties for their parliamentary
work in the Lok Sabha35. These principles were later embodied in the Directions from
the Speaker.
Conditions of Recognition
The above principles as enunciated in the Directions by the Speaker provide
that an association of members who propose to form a parliamentary party in the Lok
Sabha must satisfy the following requisite conditions for recognition36—
(i) They should have a distinct ideology and programme of work whether in the
political, economic or social field, which was announced by them at the time
of General Elections and on which they have been returned to the House.
They should form a homogenous unit capable of developing into a well knit
entity;
(ii) They should have an organisation, both inside and outside the House, which
is in touch with public opinion on all important issues before the country;
and
34.
G.V. Mavalankar, Speeches and Writings, p. 47.
35.
History of Directions.
36.
See Dir. 12l(i).
Practice and Procedure of Parliament
402
(iii) They should at least be able to command a strength which would enable
them to keep the House, i.e. their number should not be less than the quorum
fixed to constitute a sitting of the House, which is one-tenth of the total
membership37.
It is further provided that a political party, having representation in the Lok
Sabha, which satisfies the first two conditions but fails to command the required
minimum strength, viz. one-tenth of the total membership of the House, is recognized
as a parliamentary group, provided its membership is at least thirty38.
In the First Lok Sabha, the Communist Party was recognized as a
parliamentary group in the House. In August 1954, however, the Group lost
recognition when its membership dropped to 29. In the Second Lok Sabha, no
group of members was recognised as a parliamentary group in the House. The
Communist Party, consisting of 34 members, was recognized in the Third Lok
Sabha as a parliamentary group in the House. The Group, however, lost its
recognition in September 1964 due to split in the Communist Party of India
as a result of which the Group in the House also split into two. In the Fourth
Lok Sabha, as constituted after the General Elections in 1967, the Swatantra
Party (45 members) and the Jan Sangh (31 members) were recognised as
parliamentary groups. After the Congress split in November 1969, certain
members dissociating themselves with the ruling Congress Party, formed a
separate party called the Congress Party (Opposition). Since it had a strength
of 60 members in the House and satisfied all the conditions prescribed for
recognition as a parliamentary party, it was for the first time recognised as an
Opposition Party and its leader, Dr. Ram Subhag Singh, was recognised as the
Leader of the Opposition. The recognition lasted till the dissolution of the Lok
Sabha in December 197039. In the General Elections held in 1971, the ruling
Congress Party received 348 seats in a House of 515 and none of the Opposition
parties secured the minimum strength needed for recognition. In the Fifth Lok
Sabha, therefore, no group of members was recognised as a parliamentary
group in the House.
37.
The minimum number of members required to form a party in the former Central Legislative
Assembly (which consisted of 141 members from 1937 to 1945) was ten. In 1941, it was reduced
by Speaker Abdur Rahim, after consulting leaders of various parties, to nine in order to afford
recognition as a party to the European Group whose membership had been reduced from ten to
nine.
38.
Dir. 121(ii).
In the Central Legislative Assembly, the number of members for recognition as a group was
prescribed by Speaker Mavalankar as ten. This number has since been raised to 30 but so far as
selection of speakers for participation in the deliberations of the House is concerned, groups
whose membership is ten or more are given time to speak during various discussions.
L.S. Deb., 16-3-1964, cc. 5595-96
In 1971, in order to accommodate members to speak in a balanced way, the Speaker grouped the
parties into major parties (i.e. parties with more than 15 members), medium parties, and small
parties (i.e. parties with only 3 or 4 members)—L.S. Deb., 31-3-1971.
39.
Bn. Part I, 17-12-1969, L.S. Deb., 17-12-1969, cc. 366-67.
Recognition of Political Parties in Parliament
403
After the General Elections held in 1977, the Janata Party with 306 seats
in the House emerged as the Ruling Party and the erstwhile ruling Congress
Party with 153 seats as the Opposition Party. Since both the Janata and the
Congress Parties satisfied all the conditions for recognition as parliamentary
parties, they were recognised as such. No group of members fulfilled the
requisite conditions for recognition as a parliamentary group in the Sixth Lok
Sabha.
Consequent upon the split in the Congress Party on 9 March 1978 into
Congress and Congress (I), Congress Party (I) having a strength of 58 members
was recognised as parliamentary party. Similarly, after the split in the Janata
Party into Janata and Janata (S), Janata Party (S) having a strength of
68 members was recognised as parliamentary party with effect from 16 July
1979.
In the Seventh Lok Sabha, only Congress (I) Party was recognised as a
parliamentary party. The Janata Party (S), consisting of 41 members, Communist
Party of India (M) consisting of 35 members and Janata Party consisting of
31 members were recognised as parliamentary groups in the House. In March
1980, Janata Group lost its recognition as a parliamentary group due to
disassociation of three members from the Group and the consequent reduction
of their strength from 31 to 28 members.
In the Eighth Lok Sabha constituted on 31 December 1984, Congress (I)
Party with 398 members emerged as the largest party and was recognised as
a parliamentary party. Telugu Desam consisting of 30 members was recognised
as a parliamentary group. No other group of members fulfilled the requisite
conditions for recognition as a parliamentary group in the Lok Sabha. However,
on 3 March 1988, Telugu Desam Group also lost its recognition as a
parliamentary group due to resignation of one of its members from the Lok
Sabha resulting in the reduction of their strength from 30 to 29 members.
In the Ninth Lok Sabha, constituted on 2 December 1989, Congress (I)
consisting of 194 members, Janata Dal consisting of 141 members and Bharatiya
Janata Party consisting of 86 members—were recognised as parliamentary
parties. Communist Party of India (M) consisting of 32 members was recognised
as a parliamentary group in the House.
In the Tenth Lok Sabha, constituted on 20 June 1991, Congress (I)
consisting of 224 members, Bharatiya Janata Party consisting of 119 members
and Janata Dal consisting of 51 members were recognised as parliamentary
parties. Communist Party of India (M) consisting of 35 members was recognised
as a parliamentary group in the House.
However, in certain cases, even where the membership of an association of
members is less than 30, under the orders of the Speaker, it was given the nomenclature
of a Group for the sake of convenience without according formal recognition as
such40.
40.
(i) In the First Lok Sabha, associations of members accorded such a nomenclature were:
404
Practice and Procedure of Parliament
For functional purposes in the House, it had been the practice to accord the
nomenclature of parliamentary party or group to the constituent groups forming a
party, having a common programme of parliamentary work, a common organisation,
National Democratic Group, P.S.P. Group, Union of Socialists and Progressives, Ganatantra
Parishad, Socialists Group and Lok Sevak Sangh.
(ii) In the Second Lok Sabha, members of Communist Party, Praja Socialist Party, Socialist Party,
Scheduled Caste Federation (later the name was changed to Republican Group), Swatantra
Party, Ganatantra Parishad, Bharatiya Jan Sangh, Hindu Mahasabha and D.M.K. were given
the nomenclature of a Group.
(iii) In the Third Lok Sabha, in addition to those mentioned at (ii) above, Muslim League and
Nirdaliya Dal were also given this nomenclature.
(iv) In the Fourth Lok Sabha, members of Dravida Munnetra Kazhagham, Communist Party of
India, Samyukta Socialist Party, Communist Party of India (Marxist), Praja Socialist Party,
Progressive Group, Independent Parliamentary Group and Nirdaliya Sangathan were given
the nomenclature of a Group.
(v) In the Fifth Lok Sabha, members of Communist Party of India (Marxist), Communist Party
of India, Dravida Munnetra Kazhagham, Jan Sangh and Congress Party (Opposition) were
given the nomenclature of a Group.
(vi) In the Sixth Lok Sabha, members of Communist Party of India (Marxist) and All India Anna
Dravida Munnetra Kazhagham were given the nomenclature of a Group.
(vii) In the Seventh Lok Sabha, members of Janata (S), Communist Party of India (Marxist),
Janata and Dravida Munnetra Kazhagham were given the nomenclature of a Group.
(viii)In the Eighth Lok Sabha, members of Telugu Desam and CPI(M) were given the nomenclature
of a Group.
(ix) In the Ninth Lok Sabha, members of Communist Party of India (Marxist) were given the
nomenclature of a Group.
(x) In the Tenth Lok Sabha, members of the Communist Party of India (Marxist) were given the
nomenclature of a Group.
In the list of members of the Fifth, Sixth and Seventh Lok Sabha, party affiliation of
members belonging to a group having a strength of less than 15 (i.e. less than half of the
members required for recognition as a group) and upto 2 was shown as “Other party”. In case
where there was only one member belonging to a party, he was treated as an unattached member.
The party affiliation of such members and of independents was shown as “Unattached”.
The party affiliation of members belonging to groups having strength of 15 and
above, was shown by the name of the Group to which they belonged.
In the Eighth Lok Sabha, the practice of showing ‘independents’ and ‘lone members
of legislature parties’ as ‘Unattached’ was done away with consequent on the coming into
force of the Constitution (Fifty-second Amendment) Act, 1985, which provides that “an
elected member of a House shall be deemed to belong to the political party, if any, by which
he was set up as a candidate for election as such member”. Accordingly, only those members
who contested and won the election as independent candidates were shown as independents
in the List of Members with effect from 7 August 1987. Nominated members were shown
as such (instead of being clubbed with unattached members). Likewise, lone members
elected on party tickets were shown as belonging to the respective parties to which they
belonged. Only those members who were elected to the House on a party ticket but were
subsequently expelled from the party were treated and shown as “Unattached” in the List
of Members.
Recognition of Political Parties in Parliament
405
a common leader and a Whip to speak on their behalf on the floor of the House. This
condition was made applicable equally to both the Government and the Opposition
parties and no distinction was made between a Government Party consisting of various
constituent groups and an Opposition party similarly formed.
Members of different parties having different ideologies and unattached members
who form an ad hoc group with distinctive designation were also termed as such for
the purpose of functioning in the House41.
The Directions also provided that the recognition of an association of members
as a parliamentary party or group, for the purpose of functioning in the House, would
be accorded only by the Speaker and his decision in the matter would be final42. The
Speaker, on his own initiative, did not accord this recognition but a formal request
had to be made to him in this regard by the members concerned43. In submitting a
The issue was examined afresh during the Tenth Lok Sabha. It was decided not to
treat the expellees as unattached members and instead, seat them separately in the
Lok Sabha outside the block of seats of the parties from which they had been expelled
without any change in the party affiliations in the party position in the Lok Sabha and other
records. This is now the prevailing practice. As a matter of fact, this practice has come to
be established consequent upon the following observation made by Speaker
(Shivraj V. Patil), Tenth Lok Sabha regarding expulsion from political parties and status of
expelled members, in his decision in the Janata Dal case under the Tenth Schedule to the
Constitution given on 1 June 1993.
“In this respect, Explanation (a) to para 2(1) is relevant:
(a) an elected member of a House shall be deemed to belong to the political party, if any, by which
he was set up as a candidate for election as such member.
This is a constitutional status given to the member which cannot be taken away from him by
expulsion.” [Bn. Pt. II, dated 1-6-1993].
41.
Independent Parliamentary Group in the First, Second and Third Lok Sabha; United Progressive
Parliamentary Group in the Second and Third Lok Sabha.
On 24 November 1967, in the Fourth Lok Sabha, the Speaker announced that in future
members who had been elected to the Lok Sabha as independents would continue to be unattached
and no group formed by them would be recognised. Accordingly, members of independent
Parliamentary Group, Progressive Group and Niradaliya Sangathan were, thereafter, treated as
unattached members. L.S. Deb., 24-11-1967, c. 2685.
The practice of giving recognition to groups formed by independent members was revived
during the Eighth Session of the Fourth Lok Sabha and United Independent Parliamentary Group
(UPIG) and BKD were recognised for the purpose of selection of speakers in debates and allotment
of contiguous seats. Similar recognition was given to the UPIG in the Fifth Lok Sabha.
In the Eleventh Lok Sabha, a member (G.G. Swell) intimated the Speaker about formation of
an ‘United Parliamentary Group’ comprising of independent members and members belonging to
single member parties and made a request for accord of recognition to this Group. After examination
of the matter in the light of provisions in the Tenth Schedule to the Constitution and prevalent
position in the Lok Sabha vis-a-vis Parliamentary Parties and Groups, it was decided that it would
not be feasible to accede to G.G. Swell’s request. The member was accordingly informed. (F. No.
28/1/96/T).
42.
Dir. 120.
43.
In the Second Lok Sabha, the Communist Party which consisted of 30 members and conformed
to the other conditions laid down in this regard was not formally recognized as a group as no
formal request for its recognition had been made to the Speaker.
406
Practice and Procedure of Parliament
written communication to him, the association of members in question had to show
that they satisfied all the conditions formulated for the purpose of recognition either
as a Party or a Group. The signatures of all the members concerned had to be
appended to the request44.
Position after coming into force of the Tenth Schedule
After the coming into force of the Tenth Schedule to the Constitution with effect
from 3 March 1985, and the Representation of People (Amendment) Act, 1988 (which
introduced section 29A providing for compulsory registration of all political parties),
the concept of recognition of parliamentary parties/groups has materially changed
vis a vis the recognition of parliamentary party/group by the Speaker on the basis of
the numerical strength of a party in the House.
For the purpose of the Tenth Schedule, all the members of the House belonging
to a particular political party would be deemed to belong to the ‘Legislature Party’
of that party in the House irrespective of the numerical strength of that ‘Legislature
Party’. Even a lone member of a political party in the House would, therefore, have
a Legislature Party by that name. However, those members who contested and won
elections to the Lok Sabha as independent candidates and those who have been
nominated are shown as per their status, i.e. independent or nominated members, as
the case may be.
The provisions of Directions relating to recognition by the Speaker to
parliamentary parties/groups accordingly required interpretation from entirely a different
point of view. Ever since the coming into force of the Tenth Schedule to the
Constitution, the application of Directions is now mainly limited to their functional
utility, viz. selection of speakers in the House from the Parties/Groups; considering
nominations to various parliamentary committees; contiguous allotment of seats in the
House; supply of parliamentary papers, etc.
Nevertheless, recognition to political parties/groups, albeit in their functional
context in the House, continued till mid of the Tenth Lok Sabha.
However, during the deliberations in the Janata Dal case under the Tenth
Schedule to the Constitution, the provisions of the Tenth Schedule to the Constitution
came in for in-depth scrutiny.
In the context of the breakaway groups that emerged due to splits in the
Legislature Parties in the Lok Sabha, a view45 came to be established that accord of
44.
In the absence of signature of any member, the leader of the Group is asked to obtain the same:
The onus of confirmation of membership rests on the leader of the Party or Group.
There were exceptions to this procedure when in the case of ‘Union of Socialists and
Progressives’, which was formed in 1952, individual members were addressed by the Secretariat
to confirm their membership of the Group instead of the leader being asked to obtain it. Likewise,
in the Second Lok Sabha, four members of the Independent Parliamentary Group were asked to
confirm their membership of the Group in writing.
45.
During the Tenth Lok Sabha, in the Samata Party case, the breakway group of members which
came into existence consequent upon a split in the Janata Dal in 1994 was not accorded any
formal recognition.
Recognition of Political Parties in Parliament
407
recognition to political parties came within the sole domain of the Election Commission
of India.
Consequently, from the Eleventh Lok Sabha onwards, while Legislature Parties
continue to enjoy certain functional facilities on the basis of their numerical strength
in the House, the practice of according recognition by the Speaker in terms of Directions
120 and 121 was done away with.
Facilities to Legislature Parties
Though the recognition of parliamentary parties and groups has now been done
away with, the old norms are still being followed for granting certain facilities by the
Speaker to the Legislature Parties on the basis of their numerical strength. A
parliamentary party carries with it certain facilities which the Speaker may grant to
that party. To a parliamentary group, he may grant such of these facilities as he may
deem fit or feasible. An association of members may also be granted some facilities
if such a course, in the opinion of the Speaker, facilitates the conduct of business in
the House. In all cases, the Speaker’s decision to grant facilities is final46.
A Parliamentary Party is generally granted the following facilities47.
(i) Allotment of blocks of seats in the House in proportion to the strength of the
party and the total number of seats available in the Chamber48.
(ii) Allotment of a furnished room with telephone and internet facility in the
Parliament House for the purpose of parliamentary work of the party:
Up to the Fifth Lok Sabha, the Congress Party, which was the party in
power, was allotted two furnished rooms in the Parliament House. Opposition
‘Groups’ were provided with a furnished room and a few lounges in the Lobby
of the Central Hall. In the Sixth Lok Sabha, four furnished rooms in the
Parliament House were provided each to the Janata Party which was the party
in power, and to the Congress Party which was in the Opposition. A furnished
room was also allotted to AIADMK ‘Group’. In the Seventh Lok Sabha, the
Congress Party, which was the party in power, was provided four rooms. All
other political parties with a strength of at least eight members in both the
Houses were allotted a furnished room each. The same facility continued in
the Eighth, the Ninth, the Tenth, the Eleventh, the Twelfth, the Thirteenth, the
Fourteenth Lok Sabha as well as the Fifteenth Lok Sabha. Stenographic
assistance is rendered to members by the Secretariat and a telephone is also
provided for them.
In the Eleventh Lok Sabha, the breakway groups of Samajwadi Party (Rashtriya) and Rashtriya
Janata Dal came into being consequent upon splits in the Samata Party and the Janata Party,
respectively; no formal recognition was accorded to these Groups by the Speaker—L.S. Deb.,
12-9-1996 and F. No. 46/4/97/T.
46.
See Dir. 122 and 123.
47.
Dir. 122.
48.
For details regarding allotment of seats to members of Party or Groups, see Chapter XV—‘Oath,
Affirmation, Seating of Members in the House’, under sub-heading Seating of Members.
408
Practice and Procedure of Parliament
(iii) Allotment of Committee rooms or other available accommodation for holding
party meetings.
On written requests from parties or groups, the Central Hall and Committee
rooms are made available to them for holding party meetings connected with
parliamentary work. Each request is examined on its merits.
The following kinds of requests have been complied with:
For holding a meeting of members to consider the question of forming
a new party or group in Parliament.
For holding a meeting of a party or group in Parliament.
For holding meetings of members from certain States to discuss
cooperation of parliamentarians in resolving certain national problems.
For holding meetings of members and Ministers from a particular State
to consider problems relating to that State.
For holding a meeting of members drawn from all parties.
No standing allotment of a Committee Room is, however, made to any
party or group49.
(iv) Supply of Parliamentary or Government papers or publications which the
Speaker may determine from time to time.
Parliamentary papers or publications are supplied to a party or group on
specific request made by them to the Speaker in that behalf.
(v) Nomination to a Parliamentary Committee in proportion to the strength of
the Party.
With a view to nominating members on parliamentary committees, the
Leaders of the parties or groups in the House, are requested to propose the
names of members of their respective party/group for consideration of the
Speaker. These names are obtained without prejudice to the Speaker’s absolute
discretion not to nominate members as recommended by Leaders. Normally,
the recommendations made by the party or group concerned are accepted by
the Speaker50 and the representation of all parties and groups on a Committee
where members are to be nominated, is more or less in proportion to their
respective strength in the House51. In the case of a casual vacancy in a
Committee, other than Departmentally Related Standing Committees, only the
group to which the outgoing member belonged is consulted.
49.
On 17 June 1952, the Congress Party requested that, as a standing arrangement, a particular room
might be allotted to them on every Friday during the sessions for holding meetings of the General
Council of the Party. The request was not acceded to.
50.
In 1988 (Eighth Lok Sabha), while nominating members to BAC and Committee of Privileges,
Speaker interchanged the nominees of Janata Party in the Lok Sabha to these Committees.
51.
On 8 August 1960, the Deputy Leader of Swatantra Group, in a letter addressed to the Speaker,
requested inter alia that his Group might be given representation on certain other parliamentary
committees as well. While rejecting the request, the member was informed that the representation
of all parties and groups on parliamentary committees (nominated by the Speaker) as a whole was
more or less in proportion to their respective strength in the House.
Recognition of Political Parties in Parliament
409
Apart from the parliamentary committees, there are also Committees,
Councils, Boards, etc. generally called Government Committees, which are
constituted by the Government. Members of either House are also represented
on them. These committees neither work under the direction of the Speaker
nor present their reports to the House or the Speaker. Members of the House
are, however, nominated to these Government Committees by the Speaker in
consultation with the Leaders of parties and groups in the Lok Sabha on
request from the Minister concerned in accordance with the provisions contained
in the Government notifications, resolutions, etc. regarding the composition
and functions of such committees, councils, boards, etc.
Members of the Lok Sabha who are to form part of a delegation going
abroad are selected by the Speaker in consultation with the Minister of
Parliamentary Affairs and the Leaders of the Opposition Parties and Groups in
the Lok Sabha. While making selection of members for inclusion in the
delegation, the Speaker takes into consideration the party affiliations of the
member, his suitability vis-a-vis the country to be visited and the object of the
visit, etc. Since all the members cannot be sent abroad at the same time, the
Speaker selects them for inclusion in the delegation in rotation52.
(v) Submission to the Speaker of a panel of names for selection of members to
be called to speak in debates.
Leaders of Parties and Groups are usually given preference in the selection
of speakers to participate in the deliberations of the House and are generally
given more time than is given to other members.
(vi) Consultation, where necessary, in the matter of allocation of time to various
Government legislative and financial business or any other matter coming up
before the House.
The Speaker nominates members of political parties in Lok Sabha to the
Business Advisory which allots time to various items of government legislative
and financial business to be transacted by the House. The strength of the
Committee is limited to fifteen members. As the number of political parties
in Lok Sabha has considerably increased over the years, in order to ensure
the representative character of the Committee, a convention has evolved
where-under leaders of parties not represented on the Committee are invited
as Special Invitees to the sittings of the Committee. During the Fourteenth
and Fifteenth Lok Sabha, leaders of parties having a strength of five and
above, which were not represented on the Business Advisory Committee
were invited to the meetings of the Committee as Special Invitees.
52.
Members of Parliament are also included in the delegations to the UN. General Assembly sessions,
where they function as representatives, alternate representatives as well as parliamentary advisers.
Selection is made at the discretion of the Government of India and many factors are taken into
account, including the consideration that the chosen delegates are in agreement with the policies
of the Government, their ability to project these policies properly and to support them fully in the
General Assembly, etc.—S.Q. 1263, L.S. Deb., 17-4-1968; U.S.Q. 1405; 26-11-1969;
U.S.Q. 3541, 10-12-1969.
410
Practice and Procedure of Parliament
Groups Representatives of Political Parties/Groups may also be consulted on
a matter of procedure in the House53.
(vii) Allotment of a seat in the front row in the Central Hall on the occasion of
the President’s Address and other important functions.
Leaders of all recognised Opposition Parties and Groups and leaders of
Parties having strength of eight members in Lok Sabha and five members in
Rajya Sabha are allotted seats in the front rows on the occasion of the President’s
Address to both the Houses of Parliament assembled together and during
similar parliamentary functions in the Central Hall. The principle followed in
allotment of these seats is that one seat is allotted to the leader of a party/group
having the maximum strength in the Lok Sabha and the next seat is allotted
to the leader of party/group having the maximum strength in the Rajya Sabha
and so on. However, depending upon the circumstances, the matter is reviewed
from time to time and seats are reserved in the front row even for the leaders
of smaller Groups having strength less than that mentioned above.
In addition, certain other facilities are provided, e.g. library facilities to the
parties and groups. Residential accommodation is sometimes provided for leaders of
groups from the general pool on the recommendation of the Leader of the House.
53.
For instance, on 9 September 1958, the Speaker held a meeting with the representatives of various
Opposition groups. After discussion, procedure relating to the moving of adjournment motions in
the House was laid down.
On 21 April, 1962, the Speaker held an informal meeting with the Party and Group leaders
or their representatives in connection with the procedure to be observed for the disposal of
adjournment motions—see L.S. Deb., 23-4-1962, c. 475.
An informal meeting was held by the Speaker with the Party and Group leaders or their
representatives on 7 November 1962, in connection with the simplification of procedure necessitated
by the emergency caused by the Chinese aggression—L.S. Deb., 8-11-1962, cc. 89-92.
On 27 November and 11 December 1962 similar meetings of the Speaker with Party and
Group leaders were held to discuss matters of procedure.
A meeting of the Speaker with Party and Group leaders was held on 6 September 1963, to
discuss matters re: Calling Attention Notices, Short Notice Questions, Half-an-Hour Discussions,
etc., and on 26 November 1963, to discuss the question of language of speeches in the House.
During the Fourth Lok Sabha (1967-70), fifteen meetings of the Speaker with Party and Group
leaders were held to discuss various matters concerning the business of the House.
During the period between the Fifth and the Seventh Lok Sabha (1971 to 1984), seventy-one
meetings of the Speaker with Party and Group leaders were held to discuss various important
matters concerning the business of the House.
During the Eighth Lok Sabha, sixteen meetings of Speaker with Party and Group leaders were
held to discuss various subjects concerning the business of the House.
During the Ninth, Tenth, Eleventh, Twelfth and Thirteenth Lok Sabha, the Speaker held
eighteen, seventy, twenty-two, ten and sixty meetings, respectively, with Party and Group leaders
to discuss various subjects concerning the business of the House.
During the Fourteenth Lok Sabha, 151 meetings were held by the Speaker with Party and
Group leaders out of which eighteen meetings were held on the eve of the Session.
During the Fifteenth Lok Sabha (upto end of September 2013), twenty-two meetings were held
by the Speaker with Leaders of Political Parties/Groups out of which Fourteen Meetings were held
on the eve of the Session to discuss various subjects concerning the business of the House.