Supreme Court rejects plea seeking to correct emblem installed at Central Vista

A bench comprising Justices MR Shah and Krishna Murari dismissed the plea filed by the petitioner.

New Delhi: The Supreme Court on Friday rejected the plea seeking to correct the State Emblem recently installed at the top of the Central Vista Project as it held that the newly installed lion sculpture does not violate the State Emblem of India (Prohibition of Improper Use) Act, 2005.

A bench comprising Justices MR Shah and Krishna Murari dismissed the plea filed by the petitioner.

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The court turned down the petitioner’s submission that the lions in the new emblem are aggressive and remarked, “That impression depends on the mind of the person”.

The court said that it cannot be said that the emblem installed was contrary to or violates provisions of the State Emblem of India (Prohibition of Improper Use) Act, 2005.

The petitioner submitted that there is no scope for artistic innovation for a state emblem and had sought appropriate direction from the Centre to correct the State Emblem of India, recently installed at the top of the Central Vista Project.

The plea moved by two advocates Aldanish Rein and Ramesh Kumar Mishra stated, “The State Emblem of India Act does not envisage provision in case of violation of the emblem by the State or government itself.” Hence, the petitioner has prayed to issue appropriate direction to the respondent to correct the State Emblem of India, recently installed at the top of the Central Vista Project in New Delhi which is going to house the Parliament House and Central Secretariat of the Union of India in accordance with the State Emblem of India (Prohibition of Improper Use) Act, 2005.

The Petitioners stated that “They are aggrieved of the visible change made in the description and design of the State Emblem of India, recently installed at the top of the Central Vista Project at New Delhi, which is going to house the Parliament House and Central Secretariat of the Union of India.” The Petitioner submitted that “The state emblem installed at the top of the Central Vista, which was recently inaugurated by Prime Minister of India and Honourable Speaker of Lok Sabha, violates the description and design of State emblem provided under the Schedule [under section 2(b)] of the State Emblem of India (Prohibition of Improper Use) Act, 2005.” The schedule of the State Emblem Act defines Emblem as “Emblem means the State Emblem of India as described and specified in the Schedule to be used as the official seal of the government”.

The Schedule of the Act states that the State Emblem of India is an adaptation from the Sarnath Lion Capitol of Asoka, which is preserved in the Sarnath Museum.

The petitioner submitted that the newly installed State emblem of India at the top of the Central Vista project has a visible difference in the design of lions which depicts a changed composure of the lions than that of the symbol preserved in the Sarnath museum.

The plea further submitted that “The lions of the newly installed emblem appear to be ferocious and aggressive with their mouth open and canine visible, while the lions of the State emblem preserved in the Sarnath museum, which has been used as an official seal so far in all respects, are calm and composed.” “The Sarnath Lion Capitol of Asoka was adopted as the State emblem of India due to its philosophical and spiritual meaning. The four lions are also representative of the four core spiritual philosophies of Buddha since Buddha himself is symbolized as a lion. The three lions visible on the capital’s representation in the National Emblem signify Strength, Courage and Confidence. It also signifies constant vigilance over all four directions. Thus, the State emblem of India is not just a graphic design but also has entrenched cultural and philosophical significance,” the plea further stated.