As we know that a representation of Lion Capital of Ashoka was adopted as the emblem of India. This emblem represent the government of India in their various activities. The use of the emblem is regulated and restricted under State Emblem of India (prohibition of improper use) Act,2005. It prohibits the use of emblem by any private or individual and organization.
Section 3 of State emblem of India (prohibition of improper use)Act,2005 clearly says that “no person shall use the emblem or any colorable 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.”
Here the word “person” includes the former functionary of the Central Government or the State Governments.
Similarly, Section 4 and 5 provides for prohibition of improper use and use of emblem for wrongful purposes respectively.
Section 10 the Act provides for overriding effect, notwithstanding any inconsistent therewith contained in any other enactment.
In a landmark judgment of Kamal Dey Vs Union of India (W.P. 34289(W) of 2014) Hon’ble Calcutta High court observed that every citizen should comply with the guidelines of ministry of home affairs regarding the national anthem and other state emblems. However, such disobediences are not punishable unless it is the breach of Prevention of Insult to National honour Act, 1971.
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In the year 2007 State Emblem of India (Regulation of use) Rules was enacted by Government of India. It gives a clear direction that who can use the national emblem on their official seals, stationery, vehicles, public buildings and for other purposes.
Rule 10 provides that no person (including former functionaries of the Government, like, former Ministers, former Members of Parliament, former Members of Legislative Assemblies, former judges Government officials) or Commission or Committee, Public Sector Undertaking, Bank, Municipal Council, Panchayat Raj Institution, Parishad, non-government organisation, University other than those authorised under these rules, shall use the emblem in any manner. So there is a proper restriction on the use of state emblem by any unauthorized person or the institution.
Use of state emblem by the members and chairman of bar council-
As we know that today members and chairman of bar councils are using the state emblem in their stationery and other things, Is it right?
Rule 10(4) of State Emblem of India (Regulation of use) Rules,2007 provides that “The stationery, including letter heads, visiting cards and greeting cards, with emblem printed or embossed on it, shall not bear words, like, Advocate, Editor, Chartered Accountant with the name of the person authorised to use the emblem under these rules on the stationery.”
Law ministry also wants advocates on government rosters at all levels to stop using the state emblem.
In 2015 ministry issued a direction regarding this issue and stated that The emblem is official seal of government of India and its use by private person or organization is prohibited so they are not entitled to use the state emblem of India on their letter heads, stationery, visiting card etc.
Under State Emblem of India (Regulation of use) Rules, 2007 only permanent government officials are authorised to use the state emblem (with the permission of central government), but members of bar council are not permanent government officials and are “engaged for specific period only”.
Section 5 of Advocates Act, 1961 provides that Bar council is to be a body corporate and Rule 10(3) of State Emblem of India (Regulation of use) Rules,2007 provides that “No association or body of persons, whether incorporated or not, shall use the emblem on their letter-heads, brochures, house flags or for any other purpose in any manner.”
Again the point (xv) of Schedule I of State Emblem of India (Regulation of use) Rules,2007 says that “Commissions and authorities constituted or established by an Act of parliament or setup by the central government may use the emblem.
Although the provisions for the establishment of Bar Council is provided by the Act of parliament(Advocates Act,1961) but it is not setup by the central government and it is a body which constitute itself by the way of election.
Considering all the abovementioned views we can say that use of state emblem by the members and chairman of bar councils is a matter of discussion since there is contradiction of provisions and it is an issue to be adjudicated by the Hon’ble Court.
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About the Author:
Harshit Upadhyay LL.B (Hons.), VIIth Sem, Lucknow University (harshit.lhps@gmail.com)
