On May 27, 2025, the Supreme Court of India dismissed a Public Interest Litigation (PIL) filed by Dr. Pankaj Phadnis, which sought to prevent the misuse of Vinayak Damodar Savarkar’s name and to include it in the schedule of the Emblems and Names (Prevention of Improper Use) Act, 1950. The bench, comprising Chief Justice BR Gavai and Justice Augustine George Masih, ruled that there was no violation of the petitioner’s fundamental rights, and therefore, the Court could not intervene under Article 32 of the Constitution.

Dr. Phadnis, who has been researching Savarkar for over three decades, argued that the Leader of Opposition, Rahul Gandhi, was impeding his fundamental duties by making derogatory remarks against Savarkar. However, the Court clarified that Article 32 petitions are maintainable only when there is a violation of fundamental rights, not fundamental duties. The bench suggested that if Dr. Phadnis wished to include Savarkar’s name in the curriculum or the Act’s schedule, he should make a representation to the Union of India, which he stated he had already done.

This decision comes in the wake of recent judicial observations criticizing Rahul Gandhi for his comments on Savarkar, indicating the judiciary’s stance on maintaining decorum in public discourse concerning historical figures.

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