Shiv Sena Rift | Inner Party Democracy Must Be Promoted: Election Commission Of India

The Election Commission of India (ECI) has recognised Eknath Shinde group as official "Shiv Sena", and allowed them to use official "Bow & Arrow" symbol and the "Shiv Sena" name. While applying the tests laid down in the 1971 Supreme Court judgment in Sadiq Ali v. Election Commission of India, the ECI noted that there was a "democratic deficit" in the amended Party Constitution of Shiv Sena and the process of its amendments and its workings. Further, stating that an overwhelming numerical superiority of the Eknath Shinde faction in legislative wing was categorically verifiable, the commission ordered that the party name "Shiv Sena" and the party symbol "Bow and Arrow" would be retained by the Eknath Shinde faction.

In its order, the ECI highlighted the importance of internal party democracy. It stated–

"The requirement for a written constitution of political parties and an undertaking to the effect that such Constitution adheres to the norms of democracy prescribed in the Constitution of India is meant to promote inner party democracy. The need for such democratic organisational structure of a political parties often realise not in the heydays but when an internal dispute arises."

The order goes on to note that an organisation should have its own mechanism to deal with internal disputes. It states that a political organisation that is performing the difficult role of aggregating the often-differing aspirations of the people that it seeks to represent by democratic contest needs to give much importance to internal democratic structures which are the ability to resolve disputes democratically. It adds–

"The constitutions of political parties are to provide for free, fair, and transparent elections to the post of office bearers and a further free and fair procedure for the resolution of internal disputes."

As per the order, the procedures established in the part Constitutions need to be difficult to amend and should be amendable only after ensuring a large support of the organisational members for the same. While stating that "the very survival and sustenance of the party depends on this", the Order remarks that many party constitutions are often amended to allow for self destruction of parties by obliterating the internal democratic mechanism. It further states–

"In the absence of such democratic internal structures, internal disputes are bound to create rifts and factions leading to determination of the question by the election commission under the symbols order. However, by the time a dispute comes to the commission, the party constitution are often seen to have been mutilated to undemocratically appoint people from a coterie as office bearers without any election at all. Such party structure failed to inspire confidence of the commission and the commission is forced to ignore the numerical strength of opposing factions in the organisational wing altogether despite being conscious of its importance and role as the building blocks of the party. This seemingly unjust situations is often creation of the party self which failed to create a robust Constitution that provides for democratic structures within the party and also to protect the Constitution when it was amended to allow undemocratic methods of appointments."

It states that as a moral imperative, the parties shall follow the extant guidelines prescribed by the ECI for political parties and ensure that their party constitution reflects democratic ethos and principles of inner party democracy.

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