Restore respect and dignity of the Kanglasa : The State Emblem for Manipur
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Th Kamini Kumar Singh
Contd from previous issue
In exercise of the powers conferred by section 11 of this Act, the Central Government made the State Emblem of India (Regulation of Use) Rules, 2007 to regulate the use of the Emblem of India. Even though these rules are subordinate legislation made by the Central Government, they have the force of law. These Rules came into force on 4-10-2007.
In rule 4,- (a) in sub-rule (1), the State Government is empowered to adopt the Emblem of India as the official Emblem of the State concerned without obtaining approval of the Central Government; (b) in sub-rule (2), a State Government may incorporate the Emblem of India or any part thereof in the Emblem of the State concerned after obtaining the prior approval of the Central Government. On a critical examination of the Rules of 2007, rule 4 is the condition precedent for the lawful use of the Emblem of India by any indian States. Rules 5 and 6 provide that the use of the Emblem of India in official seal, and on official or demi-official stationery shall be restricted to authorities specified in Schedule I. Rule 7 provides that the use i.e. display of the Emblem of India on vehicles shall be restricted to authorities specified in Schedule II. Rule 8 provides for display of the Emblem of India on very important public buildings. Rule 9 provides for the use of Emblem of India for other purposes as are specified in Schedule III. Rule 10 provides that no person (including former functionaries of the Government, like, former Ministers, former MPs, former MLAs, former Judges and retired Government officials), other than those authorised under these rules, shall use the Emblem of India in any manner. No Commission or Committee, Public Sector Undertaking, Bank, Municipal Council, Panchayat Raj Institution, Parishad, NGO, University, other than those authorised under these rules, shall use the Emblem of India.
To understand the eligibility for using the Emblem of India by the State functionaries, a comprehensive study of the Schedules appended to the rules of 2007 shall be done. From the Schedules, there is no iota of doubt that the mandates of these rules are not to use the Emblem of India by any State Government that doesn’t adopt the Emblem of India as its State Emblem or doesn’t incorporate the Emblem of India or any part thereof to the Emblem of the State concerned under rule 4.
It is axiomatic that due to existence of a State Emblem for Manipur, the State Government of Manipur has neither adopted the Emblem of India as the State Emblem for Manipur nor incorporated any of its part thereof in the existing State Emblem of Manipur. It is, therefore, evident that the use of the Emblem of India by the constitutional functionaries of the State of Manipur is a gross violation of the provisions of the Rules of 2007.
From a reading of the Schedule I appended to the Rules of 2007, the use of the Emblem of India in official seal and on official or demi-official stationery by the Governor, the Chief Minister and the Ministers, Departments and Offices, the Offices and Officers of the Legislative Assembly of the State of Manipur is in contravention of the provisions of Schedule I (see rules 5 and 6). As per Schedule II (Part I) appended to the rules of 2007, the display the Emblem of India on the cars of the Raj Bhawan when the Governor of Manipur or the spouse is travelling by such vehicles within the State shall also be in contravention of the provisions of Schedule II (see rule 7). The display of the Emblem of India on the Raj Bhawan, State Legislature, High Court and Secretariat buildings of the State of Manipur shall be in contravention of the provisions of rule 8. So far the State of Manipur is concerned, the use of the Emblem of India in the Visiting Cards and the Greeting Cards, official publications, etc., shall contravene the provisions of Schedule III (For full details pl. see Schedule III).
At the cost of repetition, it may be requested that the Government of Manipur shall take appropriate steps to use the State Emblem of Manipur, the KANGLASA, instead of the Emblem of India by the State functionaries. Such benevolent steps will shine and strengthen the pride and prestige of the State of Manipur. Give a thought to uphold the dignity and respect to the State Emblem of Manipur before it is too late.
The writer is an Advocate, and Former Secretary (Law), Government of Manipur.
Contd from previous issue
In exercise of the powers conferred by section 11 of this Act, the Central Government made the State Emblem of India (Regulation of Use) Rules, 2007 to regulate the use of the Emblem of India. Even though these rules are subordinate legislation made by the Central Government, they have the force of law. These Rules came into force on 4-10-2007.
In rule 4,- (a) in sub-rule (1), the State Government is empowered to adopt the Emblem of India as the official Emblem of the State concerned without obtaining approval of the Central Government; (b) in sub-rule (2), a State Government may incorporate the Emblem of India or any part thereof in the Emblem of the State concerned after obtaining the prior approval of the Central Government. On a critical examination of the Rules of 2007, rule 4 is the condition precedent for the lawful use of the Emblem of India by any indian States. Rules 5 and 6 provide that the use of the Emblem of India in official seal, and on official or demi-official stationery shall be restricted to authorities specified in Schedule I. Rule 7 provides that the use i.e. display of the Emblem of India on vehicles shall be restricted to authorities specified in Schedule II. Rule 8 provides for display of the Emblem of India on very important public buildings. Rule 9 provides for the use of Emblem of India for other purposes as are specified in Schedule III. Rule 10 provides that no person (including former functionaries of the Government, like, former Ministers, former MPs, former MLAs, former Judges and retired Government officials), other than those authorised under these rules, shall use the Emblem of India in any manner. No Commission or Committee, Public Sector Undertaking, Bank, Municipal Council, Panchayat Raj Institution, Parishad, NGO, University, other than those authorised under these rules, shall use the Emblem of India.
To understand the eligibility for using the Emblem of India by the State functionaries, a comprehensive study of the Schedules appended to the rules of 2007 shall be done. From the Schedules, there is no iota of doubt that the mandates of these rules are not to use the Emblem of India by any State Government that doesn’t adopt the Emblem of India as its State Emblem or doesn’t incorporate the Emblem of India or any part thereof to the Emblem of the State concerned under rule 4.
It is axiomatic that due to existence of a State Emblem for Manipur, the State Government of Manipur has neither adopted the Emblem of India as the State Emblem for Manipur nor incorporated any of its part thereof in the existing State Emblem of Manipur. It is, therefore, evident that the use of the Emblem of India by the constitutional functionaries of the State of Manipur is a gross violation of the provisions of the Rules of 2007.
From a reading of the Schedule I appended to the Rules of 2007, the use of the Emblem of India in official seal and on official or demi-official stationery by the Governor, the Chief Minister and the Ministers, Departments and Offices, the Offices and Officers of the Legislative Assembly of the State of Manipur is in contravention of the provisions of Schedule I (see rules 5 and 6). As per Schedule II (Part I) appended to the rules of 2007, the display the Emblem of India on the cars of the Raj Bhawan when the Governor of Manipur or the spouse is travelling by such vehicles within the State shall also be in contravention of the provisions of Schedule II (see rule 7). The display of the Emblem of India on the Raj Bhawan, State Legislature, High Court and Secretariat buildings of the State of Manipur shall be in contravention of the provisions of rule 8. So far the State of Manipur is concerned, the use of the Emblem of India in the Visiting Cards and the Greeting Cards, official publications, etc., shall contravene the provisions of Schedule III (For full details pl. see Schedule III).
At the cost of repetition, it may be requested that the Government of Manipur shall take appropriate steps to use the State Emblem of Manipur, the KANGLASA, instead of the Emblem of India by the State functionaries. Such benevolent steps will shine and strengthen the pride and prestige of the State of Manipur. Give a thought to uphold the dignity and respect to the State Emblem of Manipur before it is too late.
The writer is an Advocate, and Former Secretary (Law), Government of Manipur.