33. What criteria determine allocation for free or subsidized access to media for political parties?

"39A. Allocation of equitable sharing of time.—(1) Notwithstanding anything contained in any other law for the time being in force, the Election Commission shall, on the basis of the past performance of a recognised political party, during elections, allocate equitable sharing of time on the cable television network and other electronic media in such manner as may be prescribed to display or propagate any election matter or to address the public in connection with an election."

Source: Representation of People's Act, 1951

The past performance of a recognised political party is not mentioned in the law.