Supreme Court Quashes Order Prohibiting Use Of Tamil Nadu CM's Name In Welfare Schemes, Imposes ₹10 Lakh Cost On Petitioner AIDMK MP

Today, the Supreme Court quashed the interim order of the Madras High Court prohibiting the State of Tamil Nadu from using the name of any living personality, photograph of any former CM/ideological leaders or party insignia/emblem/flag of Tamil Nadu in any public welfare scheme.

AIADMK MP C Ve Shanmugam had challenged before the High Court the naming and promotion of the government’s public outreach programme titled ‘Ungaludan Stalin’ (Your Stalin), alleging that it violated established norms.

The Bench comprising Chief Justice B R Gavai, Justice K Vinod Chandran and Justice NV Anjaria noted in its order, "We do not appreciate the anxiety of the petitioner to choose only one political party and political leader. If the petitioner was so concerned about the misuse of political funds, the petitioner could have made a challenge to all such schemes. However, singling out only one scheme by one political party by one political leader shows the motives of the petitioner."

Senior Advocate Mukul Rohatgi, appearing for DMK, submitted that Shanmugam is an MP from the opposition party AIADMK, and many schemes have been made in the name of the leaders of AIADMK. It was also emphasised that Shanmugam has also reached out to the Election Commission, and called such acts "forum shopping".

"Schemes are named in the name of every Leader for every State", added Rohatgi while highlighting the list of schemes named on the names of the leaders earlier.

Adding to the submissions of Rohatgi, Senior Advocate AM Singhvi, appearing for State of Tamil Nadu, submitted that most of the schemes during the period of AIADMK were in the name of "AMMA", which was the byname of the ex-Chief Minister.

The decision of of Supreme Court in Common Cause V. UOI (2016) was referred to, highlighting that all such bars to the use of photographs of leaders were in regard to the advertisements and not schemes.

"Today, there is no judgment about a scheme...", added Singhvi.

The Advocate General of Tamil Nadu, PS Raman, further highlighted that Shanmugam was one of the Cabinet Ministers when the schemes were issued in the name of Leaders, when AIADMK were the ruling party in Tamil Nadu.

Senior Advocate Maninder Singh, appearing for Shanmugam, submitted, "No name of Political Leader can come in scheme."

CJI remarked, "Show us a prohibition."

Singh continued and highlighted the guidelines issued in the Common Cause case, "...primary cause of government advertisement is to use public funds to inform public of their rights, obligations, and entitlements as well as explain government policies, programmes, initiatives..."

Singh further submitted that the guidelines provide that the advertisement material should be objective and should not be promoting the political interests of the ruling party.

However, the CJI again questioned if there is any prohibition order stating that the names and photographs of the Leaders cannot be used as the name of schemes.

Later, the Court withdrew the Writ Petition to itself, which was pending before the High Court and considered both the matters together.

Thereafter, the Bench quashed the interim order passed by the Madras High Court prohibiting the State of Tamil Nadu from using the name of any living personality, photograph of any former CM/ideological leaders or party insignia/emblem/flag of Tamil Nadu in any public welfare scheme.

"The launching of schemes in the name of political leaders is a phenomenon which is followed throughout the country.... wherein schemes have been floated in the name of various political leaders, we do not appreciate the anxiety of the petitioner to choose only one political party and political leader. If the petitioner was so concerned about the misuse of political funds, the petitioner could have made a challenge to all such schemes. However, singling out only one scheme by one political party by one political leader shows the motives of the petitioner," the Court recorded in its order.

The Supreme Court also noted that Shanmugam rushed to the High Court within three days of making a representation before the Election Commission.

Accordingly, the Supreme Court imposed a cost of Rs. 10 Lakh on Shanmugam and directed to pay it to the Government of Tamil Nadu, within one week, which is to be used for any of the beneficial schemes for underprivileged children in the State.

Case Background

The Madras High Court, on July 31, restrained the Tamil Nadu government from naming any new or rebranded public welfare schemes after living individuals.

It also barred the use of portraits of former Chief Ministers, ideological leaders, or any Dravida Munnetra Kazhagam (DMK) insignia, emblem, or flag in advertisements promoting such schemes. A Division Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice Sunder Mohan passed the order while hearing a PIL filed by AIADMK MP C Ve Shanmugam.

Shanmugam had challenged the naming and promotion of the government’s public outreach programme titled ‘Ungaludan Stalin’ (With You, Stalin), alleging that it violated established norms. While the bench clarified that the order did not prevent the state from launching, implementing, or operating any welfare schemes, it stated the restrictions applied solely to the nomenclature and promotional content associated with such schemes.

Earlier, the Supreme Court agreed to hear the appeal of the DMK government against the Madras High Court order asking it not to use names and photographs of present and former chief ministers in welfare schemes.

Cause Title: Dravida Munnetra Kazhagam V. Thiru C. Ve. Shanmugam (SLP No. 21487 of 2025)