Read Time: 04 minutes
The application demands the Election Commission of India to take immediate cognizance and stringent actions against such political parties for alleged improper use of the word “INDIA” elaborated as Indian National Democratic Inclusive Alliance
An application has been moved before the Chief Election Commissioner (CEC) seeking stringent actions against opposition political parties for alleged improper use of the word “INDIA” elaborated as Indian National Democratic Inclusive Alliance.
Saket Sourav, a Student of National Law University and Judicial Academy, Assam has stated that the use of the name "INDIA" by political parties for the purpose of participating in the elections is highly questionable and potentially unlawful and such an act may mislead voters, suggesting an affiliation or endorsement from the Government of India, which could significantly influence electoral outcomes and undermine the democratic principles we hold supreme as per the law and practice.
Preserving the sanctity and integrity of our democratic process is of paramount importance, and any attempt to mislead voters or create false associations must be addressed expeditiously, wrote Saket Sourav, a student of National Law University and Judicial Academy, Assam to the Election Commission.
The application pointed out that the Emblems and Names (Prevention of Improper Use) Act, 1950, prevent the misuse of names, emblems, and seals that may imply or suggest an association with the Government of India.
As per the applicant, Schedule 1, Clause 7, clearly states that no name should suggest or be calculated to suggest the patronage of the Government of India.
“It is also essential to highlight that a political party, as per the Representation of the People Act, 1951, is considered an association or body of persons. This classification is particularly crucial when reading Section 4 (1) (a) of the Emblems and Names (Prevention of Improper Use) Act, 1950, which prohibits any association or body of persons from using certain emblems and names,” the application read.
The application sought the necessary action against the opposition political parties by the Election Commission of India to safeguard “democratic ideals and values envisaged by our constitution”.
Please Login or Register
