With reference to the Election Commission's powers in resolving disputes between rival factions of a political party, consider the following statements: 1. The "Test of Majority," used by the ECI to decide which faction represents the real party during a split, was established in the 1971 Sadiq Ali case. 2. Section 29A of the Representation of the People Act, 1951 requires a party to pledge allegiance to democratic principles only at the time of its registration, not as an ongoing obligation. 3. The Kihoto Hollohan judgment directly empowers the Election Commission to assess whether a political party's internal constitution is sufficiently democratic. Which of the statements given above is/are correct?

Polity · 8 Aug 2026

Election Symbols Order 1968

With reference to the Election Commission's powers in resolving disputes between rival factions of a political party, consider the following statements:

The "Test of Majority," used by the ECI to decide which faction represents the real party during a split, was established in the 1971 Sadiq Ali case.
Section 29A of the Representation of the People Act, 1951 requires a party to pledge allegiance to democratic principles only at the time of its registration, not as an ongoing obligation.
The Kihoto Hollohan judgment directly empowers the Election Commission to assess whether a political party's internal constitution is sufficiently democratic.

Which of the statements given above is/are correct?

A1 and 2 only

B2 and 3 only

C1 and 3 only

D1, 2 and 3

This question is based on: The Shiv Sena Case Isn't About the Symbol - It's About Who Can Call a Party Undemocratic

Take this in full test mode → Instructions for 8 Aug 2026

About this question

Why in news

The Supreme Court questioned Shiv Sena (UBT)'s 2018 constitutional amendment as a "one-man show" while hearing petitions on the ECI's 2023 recognition of the Shinde faction, with the Thackeray faction arguing the ECI has no statutory power to judge a party's constitution as undemocratic.

Why for UPSC

This question tests whether aspirants can distinguish two adjacent but legally separate regimes - anti-defection law (Kihoto Hollohan) and intra-party democracy assessment (Symbols Order/Sadiq Ali) - which the current Shiv Sena hearing has brought into direct contrast.

Prelims summary

The Sadiq Ali case (1971) gave the ECI its Test of Majority for resolving party splits. Section 29A's democratic pledge is a one-time registration requirement. Kihoto Hollohan (1992) governs individual legislator defection under the Tenth Schedule, not the ECI's authority over party constitutions.

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