The Delhi High Court, on Tuesday, provided the Centre with additional time to respond to a petition that seeks to restrain 26 political parties from using the acronym ‘INDIA‘, which stands for ‘Indian National Developmental Inclusive Alliance’.
Presided over by Chief Justice Satish Chandra Sharma, the bench, which also includes Justice Tushar Rao Gedela, had initially issued a notice regarding the plea in August. It was observed that while the Election Commission has already responded, several political parties named in the proceedings have yet to be served notice. The court also allowed these political parties additional time to present their stance on the matter.
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During the court proceedings, the counsel representing the petitioner emphasized the urgency of the matter, pointing out that the parties involved were using “the name of the country” and the national flag. The petitioner, Girish Bharadwaj, had earlier approached the high court against the use of the ‘INDIA‘ acronym. He argued that the political entities within this alliance were capitalizing on “undue advantage in the name of our country.”
Bharadwaj’s plea also sought an interim order that would prevent the alliance from using both the ‘INDIA‘ acronym and the national flag. Addressing this, the court made an oral observation, stating,
“National flag you cannot use.”
Senior advocate Abhishek Manu Singhvi, representing the majority of the private respondents (political parties), argued against the maintainability of the petition. He also refuted allegations concerning the alliance parties’ use of the national flag, highlighting that such actions could lead to legal prosecution under laws governing the use of national emblems.
The court clarified that it wasn’t proceeding with a hearing at this juncture since all responses were still pending.
“Let reply be filed (by Centre). Served respondents are also granted two weeks to file replies,”
the court directed.
The political entities named in the petition include major parties like the Indian National Congress, All India Trinamool Congress, Dravida Munnetra Kazhagam, Aam Aadmi Party, and several others.
The petition, filed through advocate Vaibhav Singh, highlighted statements from West Bengal Chief Minister Mamata Banerjee and Congress leader Rahul Gandhi. It alleges that by associating the alliance’s name with the nation’s name,
“Mr. (Rahul) Gandhi very cunningly 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. (Narendra) Modi is in conflict with our own nation, that is, INDIA.”
The plea further states that this portrayal has sown confusion among the public, making it seem as if the upcoming 2024 general elections would be a contest between political entities and the nation itself.
In response, the Election Commission, represented by lawyer Sidhant Kumar, informed the court that it lacks the legal authority to regulate “political alliances” as they aren’t recognized as “regulated entities” under the Representation of the People Act or the Indian Constitution.
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