Complaint on improper use of India

  • July 20, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Complaint on improper use of India

Subject : Governance

Concept :

  • A complaint has been filed with the Delhi police against the 26 Opposition parties for “improper use” of the name ‘INDIA’ for their newly formed alliance to gain “undue influence” in elections, officers said on Wednesday.
  • The complainant, one Dr. Avinish Mishra, cited the multiple Sections of the Emblems and Names (Prevention of Improper Use) Act, 1950 and claimed that the use of name ‘INDIA’ is prohibited by any person.

Emblems & Names (Prevention of Improper Use) Act, 1950

  • It extends to the whole of India and also applies to citizens of India outside India.
  • Emblem: Any emblem, seal, flag, insignia, coat-of-arms, or pictorial representation specified in the Schedule;
  • Competent Authority: Any authority competent under any law for the time being in force to register any company, firm, or other body of persons or any trademark or design or to grant a patent;
  • Name: Includes any abbreviation of a name.

Prohibition of Improper Use (Section 3):

  • Regardless of any existing laws, individuals are not allowed to use or keep using, without prior permission from the Central Government or its authorized officer, any name or emblem listed in the Schedule or any imitation of it that looks similar.
  • This applies to using them for trade, business, profession, patent titles, trademarks, or designs. The Central Government may specify certain cases and conditions where such usage is allowed.

Penalty:

  • Any person who contravenes the provisions of section 3 shall be punishable with a fine which may extend to 500 rupees.

Previous Sanctions for Prosecution:

  • No legal action for any offense punishable under this Act can be initiated without prior approval from the Central Government or an authorised officer designated by the Central Government through a general or specific order.

Exemption:

  • This Act does not provide any exemption to individuals from any legal action or proceeding that could be filed against them independently of this Act.

Power to Amend the Schedule:

  • The Central Government has the authority to modify or expand the Schedule by issuing a notification in the Official Gazette.
  • Any such additions or changes made to the Schedule will be considered valid and enforceable as if they were originally part of the Act itself.

Power to Make Rules:

  • The Central Government has the authority to create rules, which will be published in the Official Gazette, to fulfil the objectives of this Act.

Naveen Jindal vs Union of India Case, 2004

  • In this case, the Supreme Court (SC) held that the right to unfurl the National Flag with dignity is a Fundamental Right of the citizen within the meaning of Article 19(1)(a) of the Indian Constitution.
  • The right to hoist or unfurl the National Flag is an expression and manifestation of a person’s allegiance and feelings and sentiments of pride for the nation.
  • The Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 regulate the use of the National Flag.
  • In this case, the Flag Code of India 2002 was challenged.
Complaint on improper use of India Governance