The Delhi High Court has recently sought a response from the Central Government on a Public Interest Litigation (PIL) alleging the use of civil servants and defense personnel for political propaganda. The PIL, filed by former public servants EAS Sarma and Professor Jagdeep S Chhokar, claims that the government is utilizing these officials to highlight its achievements, particularly in the context of the upcoming state and general elections of 2024.
Also read-Delhi High Court Dismisses UCC Petitions, Defers To Law Commission (lawchakra.in)
As reported by Indian Express and Times of India, the petition specifically targets a letter issued by the Controller General of Defence Accounts (CGDA) on October 9, 2023, and an Office Memorandum (OM) from the Department of Personnel and Training (DoPT), dated October 17, 2023. These documents are alleged to direct government and defense officers to promote the ruling party’s achievements, which the petitioners argue is tantamount to political propaganda.
Representing the petitioners, Advocate Prashant Bhushan argued,
“using government/defence officers for the benefit of the ruling party at the Centre”
is a “blatant use” of such officers for “political propaganda.” He further claimed that this practice amounts to a “corrupt practice” under the Representation of People Act and violates the rules of conduct for government servants and the army, which state they should not be used for any political propaganda.
The bench, comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna, raised a query during the hearing,
“If there is a welfare scheme, then should it not be popularised?”
The Acting Chief Justice further elaborated, citing the example of selfie points highlighting pension benefits,
“What happens is that the idea gets popularised that the government is giving pension… Would this not lead to inquiry or debate on this point?”
Also read- Delhi High Court Firmly Rejects Plea For Recovery Of Bribe In AIIMS MBBS Admission (lawchakra.in)
Bhushan, however, took issue with the specific reference to the “last nine years” in the government’s communications, arguing that it aligns with the current ruling party’s tenure. He pointed out that the selfie points did not adequately inform the public about the schemes.
The bench noted that the dissemination of schemes might not fall foul of the model code of conduct, provided it does not explicitly promote a political party. The court suggested that focusing on recent achievements and providing detailed information on the schemes could be a more appropriate approach.
The Election Commission of India, responding to the petitioners’ representations, had asked the government to avoid activities related to the ‘Viksit Bharat Sankalp Yatra’ in constituencies under the Model Code of Conduct. Additional Solicitor General Chetan Sharma, representing the Central Government, stated that he would provide detailed instructions on the matter.
The petition seeks the quashing of the impugned letter and OM and a declaration that no ruling party at the Centre or state level can use public servants for campaigns intended to benefit the ruling party. The matter has been listed for a hearing on January 5, 2024.