'Politically Motivated': Indian National Congress Opposes PIL Against Use Of Acronym 'INDIA' Before Delhi High Court

The Indian National Congress has opposed before the Delhi High Court a PIL against the use of the acronym I.N.D.I.A (Indian National Developmental Inclusive Alliance) by the newly formed alliance of opposition political parties.

In its affidavit, Congress has said that the PIL is premised solely on prejudices and presumptions, is politically motivated and frivolous in nature.

“What is starkly apparent from the contents of the petition, is that the absence of any examples or cases that substantiate the frivolous allegations levelled by the Petitioner against the Answering Respondent or its alliance Respondents,” the Congress told the court.

The PIL has been filed by businessman Girish Bharadwaj. Congress has opposed the plea claiming that Girish has deliberately suppressed the fact that he is closely associated with Vishwa Hindu Parishad.

The affidavit states that the pleadings in the PIL make it amply evident that one of the motives of filing the same is to “bolster Bharadwaj's political affiliation.”

“It is relevant to mention that Vishwa Hindu Parishad is an Indian Right- Wing Organisation which is a part of the “Sangh Parivar” and affiliated with the Rashtriya Swayamsevak Sangh, whose political arm is the Bharatiya Janta Party (BJP),” the response states.

It adds that the petition is not only politically motivated but has been filed under the garb of a public interest litigation with an aim to advance the political stratagems of Bhardwaj.

“As per the Petitioner, use of 'I.N.D.I.A' as the name of the political alliance is prohibited/barred under Sections 2 and 3 of the Emblem Act. However, even while reproducing the said provisions, the Petitioner has failed to make out any violation of Emblem Act with the use 'I.N.D.I.A'.,” the response states.

Congress has also said that Bhardwaj has failed to provide any evidence of the supposed harms that have allegedly accrued the alliance being 'I.N.D.I.A', nor has he been able to show any provision in the law which estops the opposition parties from adopting the said name and acronym.

The matter is listed for hearing tomorrow.

Background

Last year, the ECI refused to comment on the controversy and said that it cannot regulate political alliances under the Representation of People Act, 1951. In its reply, ECI referred to a decision of the 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 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 had said.

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 essential part of the national emblem cannot be used for any professional, commercial purpose or political purpose, which amounts to a violation of the 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.