‘Can’t Regulate Political Alliances’: ECI To Delhi High Court In PIL Against Use Of Acronym ‘INDIA’ By Opposition Parties

While refusing to comment on the controversy involving the use of acronym I.N.D.I.A (Indian National Developmental Inclusive Alliance) by newly formed alliance of 26 opposition political parties, the Election Commission of India has told the Delhi High Court that it cannot regulate political alliances under the Representation of People Act, 1951.

“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,” ECI has said.

The submission has been made in the counter affidavit filed by the constitutional body in a public interest litigation filed by a businessman Girish Bharadwaj against the opposition political parties using the acronym I.N.D.I.A.

The ECI has referred to a decision of Kerala High Court in the case of Dr. George Joseph Themplangad v. Union Of India & Ors. wherein it was held that there is no statutory provision mandating the constitutional body to regulate the functioning of political alliances.

“That this reply is limited to the role of the Answering Respondent. This may not be construed as an expression of the Answering Respondent on the legality of the usage of the acronym I.N.D.I.A by Respondent Nos. 4 - 29 in accordance with applicable laws,” the ECI has added.

Bharadwaj is aggrieved by “non-observance” and no action taken on the representation given by him to the Election Commission of India on July 19 against the 26 political parties who formed the new alliance.

“That till date Election Commission of India did not take any action to prevent the respondent political parties to use the acronym I.N.D.I.A for their political alliance, hence the petitioner left with no other option, except to file this Writ Petition,” the plea states.

It seeks a direction on the political parties to not use the acronym I.N.D.I.A. and also on the Election Commission of India and the Union Government to take necessary action in the matter.

The plea states that the parties have kept the name of the alliance as I.N.D.I.A. only to take undue advantages in the upcoming general elections in 2024.

“…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,” it adds.

Furthermore, Bharadwaj has said that the acronym I.N.D.I.A being the essential part of the national emblem cannot be used for any professional, commercial purpose and political purpose, which amounts to violation of Emblems and Names (Prevention of Improper Use) Act, 1950, and relevant Rules.

“…the selfish act of these political parties may adversely affect the peaceful, transparent and fair casting of votes during the upcoming general election of 2024 which may expose the citizens to unwarranted violence and also affect the law and order of the country,” the plea states.

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