Why Did the SC Overturn the Madras HC Ban on CM’s Name and Party Symbols in Government Schemes?

Synopsis
Key Takeaways
- Supreme Court intervened to overturn a ban on using political names and symbols.
- Political branding in welfare schemes is now permissible in Tamil Nadu.
- Judicial criticism of using courts for political disputes was emphasized.
- DMK's initiatives will continue with political branding.
- AIADMK MP faced costs for the unsuccessful petition.
New Delhi, Aug 6 (NationPress) The Supreme Court on Wednesday overturned a ruling from the Madras High Court that prohibited the Tamil Nadu government from incorporating the names and images of living individuals, former Chief Ministers, ideological leaders, or political party symbols in government-sponsored welfare initiatives.
A Bench consisting of Chief Justice of India (CJI) B.R. Gavai, along with Justices K. Vinod Chandran and N.V. Anjaria, permitted the special leave petition (SLP) put forth by the ruling Dravida Munnetra Kazhagam (DMK).
The CJI Gavai-led Bench criticized AIADMK MP C. Ve. Shanmugam, the initial writ petitioner in the Madras High Court, stating that political conflicts should be settled at the ballot box, not in judicial courts.
In dismissing Shanmugam’s case pending before the Madras HC, with costs amounting to Rs 10 lakh, the apex court noted that initiating schemes named after political leaders is a common practice throughout the nation.
"When such initiatives have been launched in honor of leaders from all political factions, we find it perplexing that the petitioner (Shanmugam) chooses to target only a single political party and one leader. If the petitioner was genuinely concerned about the misuse of political funds, they should have contested all such initiatives. However, singling out one leader indicates ulterior motives," the court remarked.
In its ruling, the CJI Gavai-led Bench observed that the AIADMK MP had initially approached the Election Commission of India (ECI) with concerns about the 'Ungaludan Stalin (Your Stalin)' scheme, only to file a public interest litigation (PIL) with the Madras High Court just three days later, claiming that the ruling DMK government had breached apex court directives by associating public welfare initiatives with the Chief Minister’s name and image, as well as featuring former party leaders and ideological icons.
"We believe that the writ petition was not only legally unfounded but also an exploitation of the legal process," stated the court.
The Madras High Court, in a decision issued on July 31, concluded that while using photographs of the sitting Chief Minister may be acceptable, featuring ideological figures, former Chief Ministers, or party symbols in government initiatives would contravene Supreme Court directives.
Referencing various directives from the Supreme Court aimed at regulating government advertisement content, along with the Election Commission of India's guidelines from 2014, the Bench led by Chief Justice M.M. Shrivastava issued an interim ruling prohibiting the Tamil Nadu government from including the name of any living political figure, or photographs of former Chief Ministers or ideological leaders from any political party, in advertisements for welfare schemes.
"It would be impermissible to reference the name of a living political figure in the title of a government scheme. Furthermore, using the name of any ruling political party, its logo, emblem, or flag also appears to prima facie contradict the directives of the Supreme Court and the Election Commission of India," stated the high court, clarifying that its order does not impede the initiation or execution of government welfare programs.