Supreme Court Orders Status Quo On Communist Party's Flagpoles In Tamil Nadu Public Lands
The Supreme Court today issued notice and ordered status quo on the Communist Party of India's challenge to the Madras High Court's directions for the removal of permanent political flagpoles from public places across Tamil Nadu.
The matter was heard by a bench of Justice Vikram Nath and Justice Sandeep Mehta.
“Issue notice and status quo”, Justice Vikram Nath said.
The CPI has approached the Court against the High Court's Full Bench order of August 13. The Full Bench had declined to adjudicate the issue after noting that the Supreme Court had already dismissed an SLP filed against a March order of a Division Bench which had affirmed an earlier single bench order directing the removal of permanent flagpoles.
In its SLP, CPI has argued that the Supreme Court's earlier dismissal was in limine and therefore did not attract the doctrine of merger. The party has contended that the High Court could still have examined the merits.
It has also submitted that the sweeping directions issued by the High Court amounted to “impermissible judicial legislation” and violated Articles 19(1)(a) and 19(1)(c). The CPI has further said that the High Court issued its directions without hearing political parties.
The single bench had directed all political parties, communal organisations and other groups in the State to remove permanent flagpoles erected in public places, including national highways and government-owned land. The court had fixed a 12-week deadline and directed authorities to take action, after notice, if the directions were not complied with, with liberty to recover removal costs from the concerned parties.
The court had held that there was no law permitting the grant of licences for permanent flagpoles in public spaces and that police and revenue authorities lacked jurisdiction to issue No-Objection Certificates for such installations. The court had also observed that such flagpoles often caused inconvenience to commuters and affected traffic.
While barring permanent flagpoles in public places, the single bench clarified that political parties could erect temporary flagpoles on private patta land during campaigns, dharnas and public meetings, subject to rules, and must remove them after the event. It added that organisers should clean the area and restore it to its original condition. The court had also directed the State to frame rules for installing flagpoles on private land.
Case no. – Diary No. 53681 / 2025
Case Title – Communist Party of India v. State of Tamil Nadu