Delhi High Court Issues Notice in Plea to Bar Opposition Parties from Using I.N.D.I.A. Acronym

Read Time: 07 minutes

Synopsis

I.N.D.I.A. is an acronym which 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)

The Delhi High Court on Friday issued notice in the plea seeking direction to opposition parties to prohibit from using the acronym I.N.D.I.A. (Indian National Developmental Inclusive Alliance).

The division bench of Chief Justice Satish Chandra Sharma and Justice Amit Mahajan issued notice to the Centre, Election Commission of India (ECI) and several political parties in the PIL. 

CJ Sharma said orally, "This matter needs to be heard".

"Issue notice. Notice accepted. List after 6 weeks", the court ordered.

The counsel appearing for the petitioner sought a stay on the use of the national flag and the acronym I.N.D.I.A.

To this, the court said, "This needs to be heard", and directed the counsel to file an application for an interim stay. 

The matter will be next heard on October 31, 2023.

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 advantages 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 our Nation and tried to show that the NDA/BJP and Hon'ble Prime Minister Mr. Modi is 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.