In a recent development, the Supreme Court has re-assigned a petition from the Communist Party of India (Marxist) (CPI(M)) that challenges a Madras High Court directive. The original High Court order mandated the removal of permanent flagpoles belonging to political parties from public spaces throughout Tamil Nadu.
A Supreme Court bench, including Justices J.K. Maheshwari and Vijay Bishnoi, noted that a similar case was already being heard by a bench led by Justice Vikram Nath. Consequently, they decided to move the CPI(M)’s matter.
The Bench stated, “List this matter before the coordinate Bench consisting of Justice Vikram Nath and if needed, appropriate orders may be taken from the Chief Justice of India.”
Previously, the Madras High Court had upheld an order by a single bench, instructing all political parties, community, and religious organizations in Tamil Nadu to take down their permanent flagpoles from public areas within 12 weeks.
The CPI(M), in its appeal to the High Court, had argued that as a revolutionary vanguard of the working class, it was crucial for the party and its affiliated body, the Centre of Indian Trade Unions, to maintain public presence through their flags’ pictorial representations. The party contended that the High Court’s extensive directives amounted to “impermissible judicial legislation” and infringed upon fundamental rights.