On July 18, 26 anti-BJP parties in Bengaluru renamed their alliance as the Indian National Development Inclusive Alliance (I.N.D.I.A).
The Delhi High Court on Friday sought answers from 26 parties as well as the Center and the Election Commission in the matter of the name of the alliance.
Actually, a PIL i.e. Public Interest Litigation was filed against 26 parties on keeping the short name of the alliance as I.N.D.I.A. The petitioner stated that the short form I.N.D.I.A is the national symbol. In such a situation, the name of INDIA should not be used politically.
Some lines have also been added to the PIL like 'NDA, can you challenge I.N.D.I.A.?
Businessman Girish Bhardwaj has filed a PIL in the Delhi High Court on the renaming of I.N.D.I.A.
It states that these 26 parties have named the alliance I.N.D.I.A. to take advantage of the Lok Sabha elections. It has been argued that the name I.N.D.I.A has been used only to garner the votes of the people.
The name I.N.D.I.A can also become a cause of political hatred and violence in the future.
I.N.D.I.A is an essential part of the National Emblem. In such a situation, it cannot be used for any business or political purpose. This is a violation of our Emblem and Names Act 1950.
It has also been said that the law and order of the country can be affected due to the selfish act of these political parties.
It has been said in the petition that even the Election Commission of India has not taken any action to stop them. Therefore, the petitioner is left with no other option.
A bench of Delhi High Court Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula posted the matter for further hearing on October 21.
In the year 1946, the United Nations General Assembly ie UNGA urged all the member countries not to use the country's name for commercial purposes. After this, the Emblem and Names Act-1950 was made in India.
The Emblem and Names Act Section-3 states that no person or organization can use the name of the country without the permission of the Central Government.
However, it is not clear whether the activities carried out by a political party can be termed as having commercial and business purposes as it has been formed for the purpose of contesting elections.
In 2019, a PIL was filed by Geeta Rani to the Board of Control for Cricket in India ie BCCI for using the name India.
In this case, the Madras High Court did not apply this act to BCCI, because BCCI is not a body that carries on any trade, business or profession.
Supreme Court lawyers say that there is no rule regarding political alliance in any law of India. There is no provision in the Representation of People's Act as well.
There are many types of political alliances. The Election Commission has no role in these.
Lawyers say that if any law is violated by I.N.D.I.A, then there are many types of institutions in our country, which there are many media institutions like India TV, TV-9 Bharatvarsh, Republic India, Times of India, and Hindustan Times.
Here is the case of infringement of trademark in the name I.N.D.I.A is also not made out as it is a short form.
That is, this petition is only for political uproar and this PIL has no legal justification whatsoever.