Delhi HC Issues Notice To 26 Political Parties And ECI On PIL Challenging Use Of I.N.D.I.A. By Opposition Alliance

The Delhi High Court has today issued a notice to 26 political parties and the Election Commission of India (ECI) on a Public Interest Litigation filed challenging the use of I.N.D.I.A. as an acronym for Indian National Development Inclusive Alliance, the opposition alliance.

A Division Bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula has sought a response from the political parties and ECI with regard to the said PIL filed by one by Girish Bharadwaj.

Senior Advocate Aruna Shyam appeared for the petitioner and quoted from Article 1 and the Preamble of the Constitution of India and submitted that the use of the word INDIA and the Indian flag is prohibited in certain cases.

The petitioner states in the writ petition filed through Advocate Vaibhav Singh that he is aggrieved by non-observance and non-action by the ECI on the representation given by him against the respondent political parties.

As per the petition, prominent leaders and members of 16 out of 26 political parties gathered in Patna, Bihar to make a strategy to contest the upcoming general election of 2024 and formed their alliance but no name of that alliance was given. Further, they decided to meet again in Bangalore, Karnataka to make a strategy and choose the name of the alliance and convenor of the same.

“… on 18.07.2023 after the close room meeting of the respondent political parties, a joint press conference was held by the leaders of all political parties, participated in the meeting wherein Mr. Mallikarjun Kharge (President-Indian National Congress) announced the name of the alliance of all respondent political parties as I.N.D.I.A. (Indian National Developmental Inclusive Alliance)”, says the plea.

The petitioner has alleged that Congress party leader, Rahul Gandhi dragged the name of our nation and cunningly presented the name of their alliance and tried to show that NDA/BJP and Prime Minister Narendra Modi are in conflict with our own nation.

“Mr. Gandhi had created confusion in the mind of common people that the upcoming general election of 2024 will be fought between political parties or between alliance and our country. That by creating this confusion the respondent political parties want to take undue advantage of the name of our country”, the petitioner argues.

The petitioner has said that he sent a representation to the ECI and requested to take necessary action against the newly formed alliance of the political parties but till date, there has been no action taken to prevent the same.

“Mr. Rahul Gandhi said that “ye ladai NDA aur INDIA ke beech me hai”, “Narendra Modi Ji aur INDIA ke beech me hai”, and Mr. Gandhi not only stopped here but further very smartly presented the name of his alliance and said “aap jante ho ki jab bhi koi Hindustan ke samne khada hota hai, INDIA ke samne khada hota hai to jeet kiski hoti hai, kahne ki jarrurat bhi nahi”, says the PIL.

The petitioner prayed before the High Court to issue directions to the respondents on the following grounds:

• Use of the name of our nation as an acronym for the alliance as a tool to give a nudge or a spark that may lead to political hatred and political violence.

• Using the acronym I.N.D.I.A. with malicious intent which will act as a factor for diminishing the goodwill of the nation not only in India but also on various international platforms.

• ECI failed to take any action or condemn the selfish act of the respondents in any manner whatsoever despite the representation made by the petitioner.

• If the term INDIA will be used by the Indian and International Media as an acronym but not in its full form (Indian National Developmental Inclusive Alliance), it will create a sense of confusion among innocent citizens.

• Keeping the name of the alliance as I.N.D.I.A. is prohibited/barred under Sections 2 and 3 of The Emblems And Names (Prevention of Improper Use) Act, 1950.

The petitioner has prayed for a mandamus directing the political parties to prohibit the use of the acronym I.N.D.I.A. and a direction to the Election Commission of India and the Centre to take necessary action against the parties for the use of that term.

Cause Title: Girish Bharadwaj v. Union of India & Ors.