Topic: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure,
4) Is the setting up of a panel to study the demand for an official state flag ‘against the nation’ and unconstitutional? Critically examine. (200 Words)
The Indian Express
Introduction-
The Indian National Flag represents the hopes and aspirations of the people of India. It is the symbol of our national pride. Over the last five decades, several people including members of armed forces have ungrudgingly laid down their lives to keep the tricolor flying in its full glory. There is universal affection and respect for, and loyalty to the National Flag.
Historical Significance
The Constituent Assembly realised the importance of the Flag proposed to be adopted for Independent India. The Constituent Assembly, therefore, set up an Ad Hoc Flag Committee, 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.
The Flag Committee was constituted on June 23, 1947. It was decided that the Flag of the Indian National Congress should be adopted as the National Flag of India with suitable modifications, to make it acceptable to all parties and communities.
Debate on State flags:
As per the article 1 of Indian constitution, the states are not allowed to break away from the Federation of India and the Indian republic is not the result of agreement among the constituent states. This shows the type of federation where in the central government has upper hand and thus acts as a main center for overall functioning of polity. The National flag is the legacy of Indian freedom struggle and in the contemporary era of competitive federalism, the demand of separate state flag needs mature public discourse. The establishment of panel to study demand of state flag is completely constitutional and to not invalids any statutory provision of Country.
A) State flag can be allowed:
The state flag can be the representation of regional culture, aspirations and local representation. Allowing display of state flag can be an innovative way to have expression of regional aspirations at national level.
The question arises that, if the state can declare its state animal, State plant and flower, the permission can also be given to have a State flag.
There has no mention of provision in constitution of India, that the state has restrictions to display its flag. Thus even if any state adopts and displays any flag as a state flag, it is not unconstitutional.
B) State flag must not be allowed:
India does not have any specific history of state flags and thus the demand of such flag must be of recent origin. It has been observed that, the recent demands are highly separatist in nature and affect the internal security of the country.
The state flag which displays regional aspirations that goes against unity and integrity of the country must not be allowed.
The display of flag by one state may create a chain-link that can lead to more state opting for this course of action.
The important precondition to have the state flag is to keep it subordinate to National flag. The presence of State flag must not create any kind of compromise on the honour and respect of national flag.
Government steps to maintain Honour of National flag:
While bringing out the Flag Code of India, 2002 the Government has also ensured that the unrestricted display of the National Flag is consistent with the honour and dignity of the National Flag. Hoisting and use (including misuse and insult) of the National Flag is regulated by the Emblems and Names (Prevention of Improper Use) Act, 1950; the Prevention of Insults to National Honour Act, 1971; and Flag Code – India. Flag Code of India, 2002 is an attempt to bring together all such laws, conventions, practices and instructions for the guidance and benefit of all concerned.
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