Can use names, photos of CMs in welfares schemes; SC rules in DMK's favour

Supreme Court criticised AIADMK MP for targeting only DMK, saying that similar practices exist across parties and it is not unique to the DMK

The Supreme Court (SC) on Wednesday reversed a Madras High Court ruling that barred the Dravida Munnetra Kazhagam (DMK) government in Tamil Nadu from featuring the names and photographs of present and former chief ministers in its welfare scheme advertisements.

 

The Bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria called the petition filed by All India Anna Dravida Munnetra Kazhagam (AIADMK) MP C Ve Shanmugam “unwarranted” and “an abuse of the legal process.”

 

“When welfare schemes are named after political figures across multiple parties and states, singling out just one party and one leader raises concern. If the petitioner truly had an issue with this practice, he should have challenged all such cases,” the court observed.

 

 

The court also levied a ₹10 lakh penalty on Shanmugam, instructing him to pay the amount to the state government within a week, warning that failure to do so could result in contempt proceedings. 

 

Shanmugam’s petition against the “Ungaludan Stalin” (With You, Stalin) outreach initiative was labelled “totally misconceived in law and an abuse of the process of law” by the bench, which also moved the matter from the High Court to itself and dismissed the pending writ petition.

 

The apex court pointed out that many political parties name their welfare programmes after their own leaders, and that this is not unique to the DMK.

 

It also noted that Shanmugam had approached the high court just three days after filing a complaint with the Election Commission of India, without waiting for a response. The court found this hasty approach inappropriate and called the petition legally flawed and a misuse of judicial time. 

 

Lawyer Mukul Rohatgi and Abhishek Singhvi, appearing for the DMK and the state government, cited earlier examples. Rohatgi stated that during the AIADMK's rule, several welfare schemes carried the “Amma” brand and featured photos of former Chief Minister J Jayalalithaa. He also said previous SC judgments had allowed the use of images of current office holders in official promotions.

 

The now-overturned High Court order, dated 31 July, had prohibited naming schemes after living individuals and banned the use of portraits of former CMs, party leaders, or DMK symbols in publicity material. These restrictions applied only to naming and promotion, not the actual implementation of the schemes. 

 

Chief Justice Gavai concluded by stating that political issues should be decided by voters, not through the courts. “Political battles must be fought before the electorate, not in the courtroom,” the court said.