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Synopsis

The Delhi High Court on Tuesday granted two weeks' time to the Union Government to respond on the plea seeking direction to opposition parties to prohibit using the acronym I.N.D.I.A. (Indian National Developmental Inclusive Alliance).

A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela said "A reply needs to be filed; only after that can I pass an order". 

Senior Advocate Abhishek Manu Singhvi appearing for the opposition parties submitted that the petition filed by activist Girish Bhardwaj, a 30-year-old businessman, was "totally non-maintainable". On the petitioner's allegations that opposition parties were using the national flag, the senior counsel said, "Who is using the national flag? If I do it, they can prosecute me under the National Emblems Act". 

The court noted that the ECI has filed its reply in the matter. "Shri Kurup, appearing for the Union of India, prays for two weeks to file a reply. Let a fresh notice be issued to the respondents unserved. The remaining served respondents are also directed to file their reply". 

Accordingly, the court posted the matter for further consideration on November 22, 2023.

 Election Commission of India's stand 

The Election Commission of India (ECI), in its reply before the court, stated that it cannot regulate political alliances, in the plea.

“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 recognized 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. 

About the plea

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 innocent citizens 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 acts 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.