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National emblem atop new parliament doesn’t violate any laws, rules apex court
The national emblem cast atop the new Parliament building in Central Vista does not violate any law, the Supreme Court held on Friday while observing that claims of deviations from the original design is just a “matter of perception”.
The national emblem cast atop the new Parliament building in Central Vista does not violate any law, the Supreme Court held on Friday while observing that claims of deviations from the original design is just a “matter of perception”.
Dismissing a public interest litigation (PIL) filed by two top court lawyers, a bench of justices MR Shah and Krishna Murari noted that the authorities must have taken into account all the relevant factors before putting up the emblem, adding there is no contravention of the State Emblem of India (Prohibition Against Improper Use) Act of 2005.
“It depends how you look at it. It is your perception. Which law does it violate? The view depends on the mind and how you perceive it,” the bench told one of the petitioners in the case, advocate Ramesh Kumar Mishra.
Mishra, on his part, sought to persuade the court that his plea is for rectification of the State emblem since the visible difference seen in the “ferocious and aggressive” lions as apart from the “calm and composed” lions forming the national emblem, adapted from Sarnath Capital, amounts to violation of the 2005 Act.
“The design violates the Emblems Act. The emblem is a symbol of national honour and pride, and it must be designed in compliance with the Act,” Mishra argued.
But the bench remained unmoved. “They must have considered everything before they installed it...what do you think? It’s not a small thing that they would not have considered all the relevant factors,” it said.
The court then proceeded to record its order: “Having gone through the emblem of which the grievance is made, it cannot be said the same in any way is contrary to the 2005 Act, as alleged. It cannot be said that any provision of the 2005 Act has been violated. The State Emblem of India of the Central Vista project cannot be said to be in violation of the 2005 Act.”
Unveiled by Prime Minister Narendra Modi and Lok Sabha speaker Om Birla on July 11, the emblem installed atop the central foyer of the under-construction new Parliament building is 33 metres from the ground level and weighs 9,500kg .
Soon after the unveiling, a controversy broke out with Opposition parties claiming the Modi government has disfigured the emblem as the four lions look ferocious and aggressive, and they look different from the original Lion Capital in Sarnath. The government was quick to reject the claims, saying that since the installation is much larger than the original Lion Capital, everything looks bigger creating an impression that the lions have been made more aggressive.
On July 23, advocate Aldanish Rein and Mishra approached the Supreme Court, alleging violation of the 2005 Act in depicting the State emblem. Seeking an order from the Court to rectify the change in design, the petitioners said: “The State emblem of India is not just a graphic design but also have entrenched cultural and philosophical significance which ought not have been altered unmindfully and illegally.”
