Apex court empowers Election Commission on symbols

The SC order has not only upheld the EC decision to grant the 'bow and arrow' symbol to Shiv Sena's Shinde faction but also strengthened its overall primacy in determining all symbol-related disputes through a test that is 'best suited' to 'facts and complexities of the specific case'.

It has, in fact, probably even enlarged the scope of EC's powers and purview under the Sadiq Ali order of 1972. It has held that the Speaker and the EC are empowered to 'concurrently adjudicate' on the petitions before them for disqualification under the 10th Schedule and for party symbol ownership under Paragraph 15 of the Symbols Order, respectively as the latter's proceedings cannot be held back for 'an indefinite period of time'. "The time that it would take for an order of the Speaker to attain finality is uncertain... The EC, which is a constitutional authority, cannot be prevented from performing its constitutional duties for an indefinite period.," the SC said.

The SC has said that the EC can decide the 'best suited' test for assessing symbol rights.