Electoral Reforms In India

Using name ‘INDIA’ in Political Alliances

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Emblems Act, 1950

Mains level: NA

india

Central Idea

  • A complaint has been lodged with the Delhi police against 26 Opposition parties for the alleged “improper use” of the name ‘INDIA’ in their newly formed alliance.

Why discuss this?

  • The complainant argues that the parties have violated the Emblems and Names (Prevention of Improper Use) Act, 1950.
  • It has allegedly attempted to gain “undue influence” in elections by using the name ‘INDIA’ for their coalition.
  • It alleges that by naming their alliance as ‘INDIA’, they have attempted to exert undue influence on the electorate and may be prosecuted under Section 171F of the Indian Penal Code, 1860.

About Emblems Act, 1950

  • The Emblems Act, 1950 aims to prevent the improper use of certain emblems and names for commercial and other purposes.
  • The Act seeks to protect the dignity and sanctity associated with national emblems, insignia, and names of international organizations.

Key features of the Emblem Act

Description Article/Sections
Protected Emblems and Names Identifies specific emblems and names protected under the Act, including national emblem, UN emblems, Red Cross, and notified emblems.

Ensures their dignity and sanctity.

Section 3
Prohibition of Improper Use Prohibits unauthorized use of protected emblems and names for commercial or misleading purposes.

Maintains their integrity and respect.

Section 5
Offenses and Penalties Establishes penalties, including imprisonment and fines, for violating the Act’s provisions. Section 7
Exceptions and Permitted Use Allows certain circumstances and purposes where use of protected emblems and names is permitted with relevant authorities’ permission. Section 4
Enforcement and Authorities Grants powers to authorized Police for enforcement, investigation, and legal actions against violators. Section 8

 

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