Daily Current Affairs : 8-August-2023
The Emblems and Names (Prevention of Improper Use) Act, 1950, stands as a significant legal framework aimed at safeguarding the appropriate use of emblems and names that hold symbolic importance in India. Recently, a Public Interest Litigation (PIL) has brought attention to the alleged violation of this Act by certain opposition parties’ use of the acronym INDIA. This essay delves into the Act’s provisions, its intended purpose, and the powers vested in the Centre under this Act.
Understanding the Act
The Emblems and Names (Prevention of Improper Use) Act was established with the primary goal of preventing the inappropriate utilization of specific emblems and names for commercial or professional purposes. Key points about the Act include:
- Definition of Emblem and Name: The Act defines an emblem as any emblem, seal, flag, insignia, coat-of-arms, or pictorial representation specified in the Schedule. It also includes names or any abbreviation of a name.
- Prohibition of Improper Use: The Act prohibits the misuse of emblems, names, and seals that hold significance at national, state, and individual levels. This includes the name, emblem, and official seal of the Government of India, national flag, Prime Minister, President, and Governor.
- Historical Figures and Institutions: The Act extends its coverage to prevent the misuse of names, emblems, or seals related to historical figures like Mahatma Gandhi, Jawaharlal Nehru, Lal Bahadur Shastri, and Indira Gandhi. Furthermore, any name suggesting government patronage or connection with a government-established authority or corporation falls under its purview.
Powers Exercised by the Centre
The Centre, under this Act, holds several important powers to enforce its provisions:
- Prohibition of Company Registration: The Act empowers the competent authority to deny the registration of companies bearing titles that contravene the Act’s provisions. If any doubts arise regarding whether an emblem is covered by the Act, the authority can refer the matter to the Centre for a conclusive decision.
- Imposition of Fines: Individuals violating the Act’s provisions can face fines of up to five hundred rupees. However, the initiation of prosecution requires prior approval from the Central Government or an authorized officer.
- Amendment of Schedule: The Centre holds the authority to amend the Act’s Schedule, which lists the emblems, names, and seals protected by the Act. This ensures that the legislation remains adaptable to changing circumstances.
- Rule-making Authority: The government can formulate rules to effectively implement the Act’s objectives. These rules are subject to scrutiny, as they must be presented before both Houses of Parliament for a period of thirty days while in session.
Recent Controversy
The PIL’s contention that the use of the acronym INDIA by opposition parties violates the Act has raised pertinent questions about the interpretation and application of the legislation. The debate centers on whether the acronym’s usage implies a connection to the Indian government, leading to potential misuse as per the Act’s criteria.
Important Points:
Understanding the Act
- Act prevents improper use of emblems and names for professional and commercial purposes.
- “Emblem” includes seals, flags, insignia, and specified pictorial representations.
- “Name” includes names or abbreviations.
- Prohibits misuse of emblems, names, and seals at national, state, and individual levels.
- Prevents misuse of government-related symbols, national flag, PM, President, Governor, historical figures’ names.
- Aims to prevent false patronage claims and misleading affiliations.
Powers Exercised by the Centre
- Competent authority can deny company registration violating Act’s provisions.
- Doubts about emblem coverage can be referred to Centre for final decision.
- Violators can face fines up to five hundred rupees.
- Prosecution requires prior approval from Central Government or authorized officer.
- Centre can amend Act’s Schedule of protected emblems and names.
- Government can create rules for effective Act implementation.
- Rules subject to parliamentary scrutiny for modification or cancellation.
Recent Controversy
- PIL challenges opposition parties’ use of acronym INDIA, raises debate on Act’s interpretation.
Why In News
A PIL has strongly argued that the opposition parties’ utilization of the acronym INDIA constitutes a blatant violation of the established regulations outlined in The Emblems and Names (Prevention of Improper Use) Act of 1950. This assertion underscores the imperative need to uphold the sanctity of national symbols and nomenclature, fostering a sense of unity and respect for the nation’s identity.
MCQs about The Emblems and Names Act (1950)
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Which of the following is covered by the Act’s prohibition?
A. Proper use of government emblems and names.
B. Misuse of emblems and names of historical figures.
C. Commercial use of national flag by individuals.
D. Public display of Prime Minister’s name.
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What power does the Centre hold under The Emblems and Names Act (1950)?
A. Only the power to impose heavy fines on violators.
B. The power to amend the Act’s Schedule and create rules.
C. The authority to initiate prosecutions without prior approval.
D. The power to grant exemptions to commercial entities.
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Why is the recent controversy regarding the use of the acronym INDIA significant?
A. It challenges the Act’s existence and relevance.
B. It highlights the Act’s flexibility in adapting to new situations.
C. It raises questions about the validity of company registrations.
D. It suggests that the Act only applies to government symbols.
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