SC sets aside Madras HC ban on CM’s name, party symbols in govt schemes

New Delhi, Aug 6 The Supreme Court on Wednesday set aside a Madras High Court order that barred the Tamil Nadu government from using names and images of living persons, former Chief Ministers, ideological leaders, or political party symbols in government‑run welfare schemes.

A Bench of Chief Justice of India (CJI) B.R. Gavai and Justices K. Vinod Chandran and N.V. Anjaria allowed the special leave petition (SLP) filed by the ruling Dravida Munnetra Kazhagam (DMK).

The CJI Gavai-led Bench pulled up AIADMK MP C. Ve. Shanmugam, the original writ petitioner before the Madras High Court, remarking that political battles should be fought before the electorate, not in courts.

Ordering the dismissal of Shanmugam’s plea pending before the Madras HC, with costs of Rs 10 lakh, the apex court observed that launching schemes in the names of political leaders is a phenomenon followed across the country.

"When such schemes have been floated in the name of leaders of all political parties, we do not appreciate the anxiety of the petitioner (Shanmugam) to choose only one political party and one political leader. If the petitioner was so concerned about the misuse of political funds, the petitioner could have made a challenge to all such schemes. However, singling out only one political leader shows the intentions of the petitioner," it said.

In its order, the CJI Gavai-led Bench noted that the AIADMK MP had first made a representation against the 'Ungaludan Stalin (Your Stalin)' scheme to the Election Commission of India (ECI), but filed a public interest litigation (PIL) before the Madras High Court just three days later, alleging that the ruling DMK government had violated apex court guidelines by branding public welfare schemes with the Chief Minister’s name and image, alongside photos of former party leaders and ideological icons.

"We are of the view that the writ petition was not only misconceived in law but also an abuse of the process of law," the court said.

The Madras High Court, in an order passed on July 31, held that while photographs of the incumbent Chief Minister may be permissible, featuring ideological figures, former Chief Ministers, or party insignia in government schemes would be against the directives of the Supreme Court.

Referring to successive directives issued by the Supreme Court on regulating the content of government advertisements, as well as the Election Commission of India's 2014 Guidelines on Government Advertisement (Content Regulation), the Bench led by Chief Justice M.M. Shrivastava passed an interim order barring the Tamil Nadu government from including the name of any living political personality, or photographs of former Chief Ministers or ideological leaders of any political party, in advertisements related to welfare schemes.

"It would not be permissible to mention the name of the living political personality in the nomenclature of the government scheme. Moreover, using the name of any ruling political party, its insignia/logo/emblem/flag also appears to be prima facie against the directives of the Supreme Court and the Election Commission of India," the high court said, while clarifying that its order does not restrict the launch or implementation of government welfare programmes.

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