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Supreme Court Rejects Challenge to Political Parties’ Use of Tricolour Motifs

The bench ruled the practice predates Independence, placing it outside the scope of national honour laws.

Overview

  • On July 21, the Supreme Court refused to examine a PIL filed by petitioner-in-person Sanjay Bhimashankar Thobde that challenged political party flags bearing national tricolour elements.
  • Thobde alleged that Congress, the Nationalist Congress Party and its Sharad Pawar faction violated the Prevention of Insults to National Honour Act by replacing the Ashoka Chakra with party symbols.
  • The three-judge bench led by Chief Justice B R Gavai declined the plea on the grounds that the practice predates Independence and did not raise a novel legal issue.
  • The ruling underscores the court’s reluctance to intervene in longstanding political practices without clear statutory breaches.
  • The dismissal leaves intact the current practice of incorporating tricolour motifs in political campaign flags.