National Identity of Indian State & Citizens of India

advtanmoy 26/09/2017
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“Sometimes as I reached a gathering, a great roar of welcome would greet me: Bharat Mata kt Jai—’Victory to Mother India.’ I would ask them unexpectedly what they meant by that cry, who was this Bharat Mata, Mother India, whose victory they wanted? My question would amuse them and surprise them, and then, not knowing exactly what to answer, they would look at each other and at me. I persisted in my questioning. At last a vigorous Jat, wedded to the soil from immemorial generations, would say that it was the dharli, the good earth of India, that they meant. What earth? Their particular village patch, or all the patches in the district or province, or in the whole of India?

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BHARAT MATA 

“Sometimes as I reached a gathering, a great roar of welcome would greet me: Bharat Mata kt Jai—’Victory to Mother India.’ I would ask them unexpectedly what they meant by that cry, who was this Bharat Mata, Mother India, whose victory they wanted? My question would amuse them and surprise them, and then, not knowing exactly what to answer, they would look at each other and at me. I persisted in my questioning. At last a vigorous Jat, wedded to the soil from immemorial generations, would say that it was the dharli, the good earth of India, that they meant. What earth? Their particular village patch, or all the patches in the district or province, or in the whole of India?
And so question and answer went on, till they would ask me impatiently to tell them all about it. I would endeavour to do so and explain that India was all this that they had thought, but it was much more. The mountains and the rivers of India, and the forests and the broad fields, which gave us food, were all dear to us, but what counted ultimately were the people of India, people like them and me, who were spread out all over this vast land. Bharat Mata, Mother India, was essentially these millions of people, and victory to her meant victory to these people. You are parts of this Bharat Mata, I told them, you are in a manner yourselves Bharat Mata, and as this idea slowly soaked into their brains, their eyes would light up as if they had made a great discovery. ( FROM Discovery of India page 60 -61)”

BULLET 2State Emblem of India (Prohibition of Improper Use) Act, 2005

  • The State Emblem has also been adopted by the governments of Assam, Bihar, Gujarat, Maharashtra, Nagaland, Rajasthan and West Bengal. It has been incorporated in the Emblems adopted by the governments of Andhra Pradesh, Haryana, Kerala, Madhya Pradesh, Karnataka, Orissa, Punjab and Tamil Nadu. The governments and administrations of all Union Territories other than Chandigarh and Himachal Pradesh use the State Emblem. The Union Territory of Chandigarh has incorporated the State Emblem in the emblem adopted by it.
  • Where the stationery used by the Members of Parliament, contains the State Emblem it should not bear words like “Advocate, Supreme Court/High Court” and “Editor…..Journal”, below their names in the letter-heads.

ARROWThe Emblems and Names (Prevention of Improper Use) Act, 1950

  • “Emblem” means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation specified in the Schedule
  • The Lion Capital has four lions standing back to back mounted on a circular abacus. The frieze of the abacus is adorned with sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening Dharma Chakra (Wheels of Law). The abacus rests on a bell-shaped lotus.
  • The motto “Satyameva Jayate” (truth alone triumphs) – written in Devanagari script below the profile of the Lion Capital is part of the State Emblem of India. The motto is taken from an ancient scripture the Mundaka Upanishad

BULLET 2The flag of the Indian National Congress was adopted as the National Flag of India with suitable modifications, to make it acceptable to all parties and communities in IndiaWhen the draft of Indian Constitution was being debated, the Constituent Assembly realized the importance of the National Flag. An ad hoc committee therefore was constituted headed by Dr. Rajendra Prasad to design the Flag for free India. Other members of the Committee were Abul Kalam Azad, K.M. Panikar, Sarojini Naidu, C. Rajagopalachari, K.M. Munshi and Dr. B.R. Ambedkar. A motion was moved by Pandit Jawahar Lal Nehru in the Constituent Assembly of India on 22nd July 1947 for the adoption of the National Flag.

BULLET 2Dr. S. Radhakrishnan thought it prudent to clarify that the colours adopted in the flag had no communal significance. He said “Bhagwa or the saffron colour denotes renunciation or disinterestedness. Our leaders must be indifferent to material gains and dedicate themselves to their work. The white in the centre is light, the path of truth to guide our conduct. The green shows our relation to the soil, our relation to the plant life here on which all other life depends. The Ashoka wheel in the centre of the white is the wheel of the law of dharma. Truth or Satya, dharma or virtue ought to be the controlling principles of all those who work under this flag. Again, the wheel denotes motion. There is death in stagnation. There is life in movement. India should no more resist change, it must move and go forward. The wheel represents the dynamism of a peaceful change and hence, this deviation does not revolt against the original idea of having a spinning-wheel in the National Flag”.

THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971 ACT NO. 69 OF 1971 [23rd December, 1971.]

(Amended by the Prevention of Insults to National Honour (Amendment) Act, 2005)
No. 51 of 2005 (20th December, 2005)

An Act to prevent insults to national honour.

BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows

(1) Short title and extent. This Act may be called the Prevention of Insults to National Honour Act, 1971.

 2. Insult to Indian National Flag and Constitution of India. Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

Explanation 1.-Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section.

Explanation 2.-The expression “Indian National Flag” includes any picture, painting, drawing or photograph, or other visible re- presentation of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance.

Explanation 3.-The expression “public place” means any place intended for use by, or accessible to, the public and includes any public conveyance.

Explanation 4 – The disrespect to the Indian National flag means and includes—
(a) a gross affront or indignity offered to the Indian National Flag; or
(b) dipping the Indian National Flag in salute to any person or thing; or
(c) flying the Indian National Flag at half-mast except on occasions on which the Flag is flown at half-mast on public buildings in accordance with the instructions issued by the Government; or

(d) using the Indian National Flag as a drapery in any form whatsoever except
in state funerals or armed forces or other para-military forces funerals; or

(e) using the Indian National Flag:-
(i) as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or
(ii) by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or any dress material; or
(f) putting any kind of inscription upon the Indian National Flag; or
(g) using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals before the Indian National Flag is unfurled as part of celebrations on special occasions including the Republic Day or the Independence Day; or
(h) using the Indian National Flag as covering for a statue or a monument or a speaker’s desk or a speaker’s platform; or
(i) allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally; or
(j) draping the Indian National Flag over the hood, top, and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; or
(k) using the Indian National Flag as a covering for a building; or
(l) intentionally displaying the Indian National Flag with the “saffron” down.

3. Prevention of singing of Indian National Anthem, etc. Whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

3A MINIMUM PENALTY ON SECOND OR SUBSEQUENT OFFENCE
Whoever having already been convicted of an offence under section 2 or section 3 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term, which shall not be less than one year.

The Indian nation identified four articles to honour

  • State Emblem
  • National flag
  • National anthem
  • Constitution of India

Supreme Court cases

ARROW Union of India Vs. Navin Jindal and others[ 23 January 2004]

  • The Flag Code which contains only executive instructions of the Government of India and, thus, being not a law.
  • National anthem, National Flag and National Song are secular symbols of the nationhood. They represent the supreme collective expression of commitment and loyalty to the nation as well as patriotism for the country. They are necessary adjunct of sovereignty being symbols and actions associated therewith.
  • The fundamental right to fly National Flag is not an absolute right but a qualified one being subject to reasonable restrictions under clause 2 of Article 19 of the Constitution of India;

ARROWIn S.C. Advocates-on-Record Assn. vs. Union of India [(1993) 4 SCC 441], it was held –

“Constitution is the “will” of the people whereas the statutory laws are the creation of the legislators who are the elected representatives of the people. Where the will of the legislature-declared in the statutes-stands in opposition to that of the people- declared in the constitution-the will of the people must prevail.”

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