Symbols of State

• 17 Jan 2025

Source: TH 

Why in News? 

Tripura unveiled its first official state emblem after approval from the Union Ministry of Home Affairs (MHA).  

• The proposal for the emblem of the Government of Tripura has been approved under Rule 4(2) of the State Emblem of India (Regulation of Use) Rules, 2007. 

 

What are the Provisions Related to the State’s Flag, Emblem and Song? 

• State Flag: States in India can have a state flag, as long as it does not supersede or contradict the Indian national flag as per the Emblems and Names (Prevention of Improper Use) Act, 1950, Flag Code of India, 2002 and the Prevention of Insults to National Honour Act, 1971. 
  • The Supreme Court of India (SC) in S. R. Bommai v. Union of India Case 1994 ruled that states can have their own flags, as long as they do not dishonor the national flag.  
    • SC further stated that the Constitution of India does not prohibit states from having their own flags.  
    • It held that the state flag should always be flown below the national flag, cannot be flown alongside it, and cannot be used for official or statutory purposes. 
• State Emblem: The State Emblem of India is regulated under the State Emblem of India (Prohibition of Improper Use) Act, 2005.  
  • States in India can adopt their emblem but require Union Home Ministry approval for state symbols.  
  • Authorized uses of states’ emblems include official seals, stationery, vehicles, and key public buildings. Unauthorized use for personal, organizational, or commercial purposes is strictly prohibited. 
• State Song: India lacks uniform legislation on state songs, which are typically approved by state legislatures or executives. These songs reflect the state's heritage and are sung at official events, ensuring respect for national unity and the national anthem. 
  • Example: West Bengal announced Poila Baisakh (first day of the Bengali month of Baisakh) as State Day (or Bangla Divas), and Banglar Mati Banglar Jal, composed by Rabindranath Tagore, as the State Song.

Note: Article 51A (Fundamental Duties) of the Constitution imposes a moral duty on citizens to respect the national and state symbols as part of their fundamental duties. 

• Article 51 A (a): To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. 

What is the Emblems and Names (Prevention of Improper Use) Act, 1950? 

• About: 
  • The Emblems and Names (Prevention of Improper Use) Act, 1950 prohibits the unauthorized use of national emblems, names, and symbols for commercial purposes by private entities without proper permission. 
  • The Act also extends to state symbols, meaning that state emblems and names are protected under this legislation as well to ensure that state symbols are not misused for commercial purposes without proper authorization. 
• Prohibition of Improper Use : 
  • Section 3 of the Act prohibits the use of names or emblems listed in the Schedule, or their imitations, for trade, business, profession, or as trademarks/patents, without prior approval from the Central Government or an authorized officer. 

Flag Code of India, 2002 

• About: 
  • The Flag Code of India, 2002 outlines the rules for the use, display, and hoisting of the Indian National Flag.  
  • It is governed by the Prevention of Insults to National Honour Act, 1971.  
• Key Provisions: 
  • Materials and Construction: 
    • The National Flag can be made from hand-spun, hand-woven, or machine-made materials like cotton, polyester, wool, or silk, following the December 2021 amendment allowing polyester and machine-made flags. 
  • Hoisting and Display: 
    • Individuals, organizations, or institutions may hoist the flag on any day with respect. The amendment in July 2022 allows it to be flown day and night in the open or on private properties. 
  • Design and Dimensions: 
    • The flag must be rectangular, with a length-to-width ratio of 3:2. 
  • Restrictions: 
    • The flag cannot be flown from a single masthead along with other flags. 
    • It cannot be flown on vehicles except for designated dignitaries like the President, Vice-President, Prime Minister, Governors, etc. 
    • No other flag or bunting should be placed above or alongside the National Flag. 

UPSC Civil Services Examination, Previous Year Questions (PYQ) 

Q. With reference to Madanapalle of Andhra Pradesh, which one of the following statements is correct?

(a) Pingali Venkayya designed the tricolour Indian National Flag here. 
(b) Pattabhi Sitaramaiah led the Quit India Movement of Andhra region from here. 
(c) Rabindranath Tagore translated the National Anthem from Bengali to English here. 
(d) Madame Blavatsky and Colonel Olcott set up headquarters of Theosophical Society first here. 

Ans: (c)