Madras HC bars TN govt from using names of 'living personalities' in welfare schemes
The court's interim order prevents use of living personalities' names and former CMs' photos in state welfare scheme ads, citing Supreme Court directives
The Madras High Court has directed the Tamil Nadu government to refrain from using the name of any ‘living personality’ or photograph of any former Chief Minister in advertisements for state-funded welfare schemes.
A division bench of the court was hearing a public interest litigation by All India Anna Dravida Munnetra Kazhagam (AIADMK) MP C Ve Shanmugam, who opposed the use of the name ‘Ungaludan Stalin’ in a public outreach programme. He also flagged the use of M Karunanidhi’s image while naming new or re-branded public schemes to be introduced in the future.
The case will be next heard on August 13, after the government and the DMK file counter affidavits and responses to the PIL.
No portraits of former CMs
The division bench has also prohibited the use of portraits of any former Chief Minister/ideological leaders or Dravida Munnetra Kazhagam (DMK) insignia/emblem/flag in the advertisements issued for popularising those schemes.
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The First Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan passed the interim order. The judges also made it clear that they were not passing any order against the launch, implementation, or operation of any government welfare scheme.
Court observations
Their observations were strictly limited to the naming of such schemes and the promotional materials prepared by the government.
They also said that the interim orders were passed only on the basis of prima facie materials. Notices were issued to the TN government and the DMK to file their counter-affidavits.
Meanwhile, since senior counsel Vijay Narayan representing the MP, claimed the state government was planning to name a few other public schemes too after living personalities, the court said, giving such names are “impermissible” as per the orders passed by the Supreme Court in the famous Common Cause case.
SC judgement
Quoting the Supreme Court judgement in the State of Karnataka v. Common Cause and others, the bench also noted that it was impermissible to mention the name of political personalities in the nomenclature of a government scheme.
The court also noted that using the name of any ruling political party was also against the directives of the Supreme Court and the Election Commission of India. They also clarified that publication of a photograph of the incumbent Chief Minister was permissible but use of photographs of ideological leaders or former Chief Ministers was prima facie against the directives of the Supreme Court
"Therefore, we are inclined to pass an interim order to the effect that while launching and operating government welfare schemes through various advertisements, the name of any living personality, photograph of any former Chief Minister/ideological leaders or party insignia/emblem/flag of Respondent number 4 (DMK) shall not be included,” the interim order of the Bench read.
Further, the judges pointed out that the pendency of the present PIL petition before the High Court would prevent the Election Commission of India (ECI) from taking an appropriate decision on an AIADMK MP representation seeking necessary action against the DMK under paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968.