The Election Commission of India (ECI) has communicated to the Delhi High Court that it lacks the legal authority to regulate “political alliances.” This statement was made in response to a petition challenging the use of the acronym I.N.D.I.A (Indian National Developmental Inclusive Alliance) by a coalition of 26 opposition political parties.
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The ECI, in its counter affidavit, clarified that while it possesses the power to oversee elections and register entities as political parties, “political alliances” are not recognized as “regulated entities” under the Representation of the People Act or the Indian Constitution. The Commission stated,
“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 recognised as regulated entities under the RP Act or the Constitution.”
However, the ECI emphasized that its response is solely about its role and should not be interpreted as its stance on the
“legality of the usage of the acronym I.N.D.I.A.”
The petitioner, Girish Bharadwaj, expressed his concerns over the “non-observance” and inaction by the ECI on his representation against the 26 political parties forming the new alliance. Bharadwaj’s plea contends that these parties adopted the I.N.D.I.A acronym to gain undue advantages in the forthcoming 2024 general elections. He stated,
“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.”
Furthermore, Bharadwaj argued that the acronym I.N.D.I.A, being an integral part of the national emblem, should not be employed for professional, commercial, or political purposes. Such usage, he believes, breaches the Emblems and Names (Prevention of Improper Use) Act, 1950, and associated rules.
The plea seeks a directive for political parties to refrain from using the I.N.D.I.A acronym and calls upon the Election Commission of India and the Union Government to take necessary action in this regard.
The Delhi High Court had previously sought responses from the Centre, Election Commission of India, and the involved political parties. The matter is scheduled for further hearing on October 31.
This development underscores the complexities surrounding the use of national symbols and names in the political arena and the regulatory challenges faced by the Election Commission.
