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Synopsis

The Election Commission of India (ECI), in its reply before the Delhi High Court on Monday, stated that it cannot regulate political alliances, in the plea seeking direction to opposition parties to prohibit using the acronym I.N.D.I.A. (Indian National Developmental Inclusive Alliance).

“That the answering respondent [ECI] has been vested with the authority to register associations of bodies or individuals of a political party in terms of Section 29A of the Representation of People Act, 1951. Notably, political alliances are not recognised as regulated entities under the RP Act or the Constitution", the ECI said in its reply. 

“This reply is limited to the role of the answering respondent. This may not be construed as an expression of the answering respondent on the legality of the usage of the acronym I.N.D.I.A. by Respondent Nos. 4–29 in accordance with applicable laws", it added. 

The plea is listed for consideration before a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula on Tuesday, i.e., October 31.

Notably, in August the court had issued notice to the Centre, Election Commission of India (ECI) and several political parties in the PIL. 

The plea filed by Girish Bharadwaj through Advocate Vaibhav Singh stated that several political parties using the country's national flag as the logo of their alliance is a further strategic move to attract and gain sympathy and votes of the innocent citizen and as a tool to give nudge and spark which may lead to political hatred which eventually will lead to political violence.

“…these all practice to use acronym I.N.D.I.A. (Indian National Developmental Inclusive Alliance) / INDIA of respondent political parties are only to attract and gain sympathy and votes of the innocent citizen and to use as a tool for political benefit and also to give a nudge or a spark which may lead to political hatred which eventually will lead to political violence”, the plea stated.

It stated that the parties have kept the name of the alliance as I.N.D.I.A. only to take undue advantage in the upcoming general elections in 2024.

“…the selfish act of these political parties may adversely affect the peaceful, transparent and fair casting of votes during the upcoming general election of 2024, which may expose the citizens to unwarranted violence and also affect the law and order of the country”, the plea said.

I.N.D.I.A. is an acronym that is an opposition front announced by the leaders of 26 parties to take on the BJP in the next year’s election. These parties have said that they will contest the 2024 Lok Sabha elections together against the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA).

In the plea, Bharadwaj stated that the acronym I.N.D.I.A., being an essential part of the national emblem, cannot be used for any professional, commercial purpose or political purpose, which amounts to violation of the Emblems and Names (Prevention of Improper Use) Act, 1950, and relevant Rules.

Bharadwaj has also cited the statements of West Bengal Chief Minister Mamata Banerjee and Congress leader Rahul Gandhi. He said that these leaders have presented the name of their alliance as the "name of the nation and tried to show that the NDA/BJP and Prime Minister Mr. Modi are in conflict with our own nation".

Furthermore, the plea stated that Rahul Gandhi's statement has created confusion in the minds of the common people that the upcoming elections will be fought between an alliance (NDA) and the country (INDIA).

Case Title: Girish Bharadwaj v. Union of India Ministry of Home Affairs & Ors.