TMC spokesperson Saket Gokhale violates Emblem of India Act, uses letterhead with the National Emblem, which is not allowed for former MPs

Saket Gokhale, the former Trinamool Congress Member of Parliament, has written a letter addressed to Union Education Minister Dharmendra Pradhan, urging the government to reach out to activist Sonam Wangchuk, who has been on an indefinite fast since 28 June in protest against alleged irregularities in the NEET and CBSE examinations. Gokhale posted the copy of the letter on X today.  

In the letter dated 15 July 2026, Gokhale highlights Wangchuk’s deteriorating health, noting that the activist has lost over 8 kilograms in just over two weeks, and appeals to the Minister to at least communicate with him and address the concerns being raised on behalf of lakhs of students across the country.

The letter, however, has drawn attention for a different reason altogether. It has been written on personal stationery that prominently displays the State Emblem of India, the Ashoka Lion Capital with the motto “Satyameva Jayate”. The letterhead has the header saying “SAKET GOKHALE FORMER MEMBER OF PARLIAMENT” in bold lettering under the emblem of India. The letter is signed by Gokhale with his New Delhi address at the bottom, which has been redacted for some reason.

By using the national emblem on his personal stationery, Saket Gokhale is violating the law, as former MPs and MLAs are not allowed to use it. This constitutes a direct violation of the State Emblem of India (Regulation of Use) Rules, 2007, which were framed under the State Emblem of India (Prohibition of Improper Use) Act, 2005.

Rule 10 of these Rules clearly states that not just former MPs and MLAs, but also former Ministers, former Judges and retired Government officials are not allowed to use the emblem in any manner. Rule 10 states, “No person (including former functionaries of the Government, like, former Ministers, former Members of Parliament, former Members of Legislative Assemblies, former judges and retired Government officials), other than those authorised under these rules, shall use the emblem in any manner.”

The law lists the authorities who can use the emblem in their stationery, and the list does not include former MPs and MLAs. Only sitting members of Parliament and Legislative Assemblies or councils are allowed to use it. Schedule 1 of the Act contains a full list of the authorities.

The prohibition exists to prevent any impression that a communication is official or emanates from a sitting constitutional authority or government office. By placing the emblem on his personal letterhead, Gokhale has created exactly that misleading impression, which the law expressly seeks to curb.

The 2005 Act further provides that any person who uses the emblem or its colourable imitation in a manner that suggests it relates to the Government or constitutes an official document, without prior permission, is liable to be punished with imprisonment for a term that may extend to two years, or with fine, or with both.

Section 3 of the State Emblem of India (Prohibition of Improper Use) Act, 2005 states, “Notwithstanding anything contained in any other law for the time being in force, no person shall use the emblem or any colourable imitation thereof in any manner which tends to create an impression that it relates to the Government or that it is an official document of the Central Government, or as the case may be, the State Government, without the previous permission of the Central Government or of such officer of that Government as may be authorised by it in this behalf.”

And Section 7 (1) mentions, “Any person who contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both or, if having been previously convicted of an offence under this section, is again convicted of any such offence, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which shall not be less than six months, which may extend to two years and with fine which may extend to five thousand rupees.”

The law also stipulates punishment for using the emblem for the purpose of any trade, business etc.

While Gokhale has correctly described himself as a “Former MP” on the letterhead, the presence of the emblem means that his stationery violates the law. Former parliamentarians do not enjoy the privilege of using the State Emblem on their personal or political correspondence, a restriction that applies uniformly to all ex-members.

The misuse by Gokhale not only amounts to improper use of a protected national symbol but can also mislead people about the official nature of the communication.

Saket Gokhale was elected to the Rajya Sabha by the Trinamool Congress in a by-election in July 2023. As he was elected to the seat vacated by the resignation of former Goa chief minister Luizinho Faleiro, he served the remaining term of the vacant seat, not the full term, as per Rajya Sabha rules. Accordingly, Gokhale’s term as a member of the Rajya Sabha ended in April this year, and the party decided not to nominate him again to the upper house, making him a former MP.