The Supreme Court on Monday transferred to another bench a plea filed by the Communist Party of India (Marxist) challenging the Madras High Court’s order directing the removal of permanent flagpoles of political parties from public spaces across Tamil Nadu.
A bench of Justices J.K. Maheshwari and Vijay Bishnoi noted that a similar petition had earlier been heard by a bench headed by Justice Vikram Nath, and therefore directed that the matter be placed before that coordinate bench.
“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,” the bench ordered.
The Madras High Court had upheld a single-judge order requiring all political parties, community bodies, and religious organisations to remove within 12 weeks the permanent flagpoles installed in public areas across the state. The High Court had emphasized that public spaces belong to all citizens and cannot be appropriated for political or private purposes.
The CPI(M) had challenged the High Court order, arguing that it interfered with the party’s right to political expression and violated fundamental rights under the Constitution. The party said it had been the “revolutionary vanguard of the working class” and that its connection with the masses was symbolically represented through its flags and associated imagery.
The petition further contended that the sweeping directions amounted to “impermissible judicial legislation”, effectively rewriting administrative policy through judicial orders.
The controversy over political flagpoles has been a recurring issue in Tamil Nadu, where such structures are often installed on public roads and government lands. The state government has faced repeated judicial scrutiny for permitting or failing to regulate these installations.
With the Supreme Court now transferring the CPI(M) plea to another bench, the matter will likely be re-heard to determine whether the High Court’s directive infringes upon constitutionally protected political expression or falls within the state’s power to regulate public spaces.
