Delhi HC to hear PIL asking to Restrain Opposition Parties From Using “INDIA” in Alliance Name

New Delhi, August 4, 2023: The Delhi High Court has taken up a public interest litigation (PIL) seeking to restrain opposition parties from using the acronym INDIA (Indian National Developmental Inclusive Alliance) for their alliance.

A Division Bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula has issued notices to 26 political parties and the Election Commission of India to respond to the petition.

The PIL was filed by activist Girish Bharadwaj through Advocate Vaibhav Singh, with Senior Advocate Aruna Shyam representing the petitioner. The Court has listed the case for further consideration on October 31, following Additional Solicitor General (ASG) Chetan Sharma’s request for a shorter date on behalf of the Central government.

The petitioner has urged the Court to pass directions to prevent opposition parties from using the Indian flag as well and expressed concerns that the use of the name “INDIA” for their alliance may adversely affect the peaceful and fair casting of votes during the upcoming general elections in 2024. Bharadwaj argues that such usage could expose citizens to unwarranted violence and disrupt the country’s law and order.

Citing the Emblems and Names (Prevention of Improper Use) Act 1950, the petitioner contends that the use of the name “INDIA” is prohibited under Sections 2 and 3 of the Act. Additionally, the plea references statements made by West Bengal Chief Minister Mamata Banerjee and Congress leader Rahul Gandhi, who presented their alliance’s name as “the name of our nation” and purportedly implied conflict between the NDA/BJP and the country.

The plea further asserts that Rahul Gandhi’s statement has led to confusion among the public, suggesting that the upcoming elections will be fought between the NDA alliance and the country itself.

The petitioner claims to have previously sent a representation to the Election Commission of India (ECI) without receiving any action, leading to the legal action in the High Court.

As the case unfolds, the usage of the acronym “INDIA” by opposition parties becomes a matter of judicial scrutiny and could have significant implications for the political landscape ahead of the 2024 general elections.