Many political parties use a flag which has the same shape, design and color as that of the national flag (i.e. deep saffron (kesari) at the top, white in the middle and dark green at the bottom in equal proportion), differing only in symbol used inside the central band. These parties include Indian National Congress, Nationalist Congress Party, All India Trinamool Congress and others.
It’s a well-known fact that using similar visuals portray an association of the two entities. For this reason even trademark rules do not allow visually similar trademarks among two different entities.
Therefore, allowing selected parties to use colors of Bhartiya (Indian) national flag portrays them to have a formal association with the government which is a gross misrepresentation and gives them undue advantage compared to other parties.
This is also a violation of section 3 of THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950.
So we have petitioned to CEC to use its powers to stop misuse of national flag. We have filed 2 petitions and till now the CEC has not responded back.