The Supreme Court has transferred CPI(M)’s challenge to the Madras High Court order directing removal of permanent political flagpoles from public spaces in Tamil Nadu to Justice Vikram Nath’s bench. The party argued the order violates its fundamental rights and amounts to “impermissible judicial legislation.”
New Delhi: The Supreme Court on Monday moved to another bench the case filed by the Communist Party of India (Marxist) [CPI(M)] against the Madras High Court’s order directing the removal of all permanent flagpoles of political parties from public places in Tamil Nadu.
A bench of Justices J.K. Maheshwari and Vijay Bishnoi noted that a similar petition had already been heard by another bench headed by Justice Vikram Nath.
The court observed,
“List this matter before the coordinate bench consisting of Justice Vikram Nath and if needed, appropriate orders may be taken from the Chief Justice of India.”
This means that the case will now be transferred to the bench of Justice Vikram Nath, which had previously dealt with a related matter.
The issue started when the Madras High Court upheld an earlier order by a single-judge bench directing all political parties, community groups, and religious organisations to remove within 12 weeks any permanent flagpoles erected by them in public spaces across Tamil Nadu.
The High Court’s decision was based on concerns over the misuse of public land and safety hazards caused by the flagpoles. The order made it clear that public spaces should not be permanently occupied for political or religious displays.
However, the CPI(M) opposed this ruling and approached the Supreme Court. In its petition before the High Court, the party argued that it has historically been
“the revolutionary vanguard of the working class in the country”
and that it is essential for the party and its affiliated body, the Centre of Indian Trade Unions (CITU), to maintain their connection with the people through their symbols and flags displayed in public.
The CPI(M) further said that the High Court’s blanket directions amounted to “impermissible judicial legislation” and resulted in the violation of their fundamental rights under the Constitution.
The party emphasized that displaying flags and symbols is part of its identity and outreach, and the court’s order could hamper its ability to stay visible among the masses.
With the Supreme Court now transferring the plea to another bench, further hearings on the matter will take place before Justice Vikram Nath’s bench, which will decide whether the Madras High Court’s order stands or needs reconsideration.
This case has drawn attention to the balance between maintaining public order and respecting political freedom of expression, especially in states like Tamil Nadu, where political symbolism such as flags and banners are deeply rooted in public life.
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