The unveiling of the country wide logo solid at the roof of the brand new Parliament constructing with the aid of using Prime Minister Narendra Modi on Monday sparked a massive controversy, to mention the least.

Several political events criticised the Centre for extraordinary motives, inclusive of now no longer having the Opposition at the listing of invitees and the absence of interfaith rituals.

The political outrage aside, the Modi authorities is likewise being known as out for editing and ‘distorting’ the logo. Many humans took to social media systems to specific that the logo seemed extraordinary from the original. Many got here down closely at the authorities alleging that, in contrast to the original, the Ashoka Lions withinside the new logo are baring their fangs.

The ongoing outrage has, however, raised an crucial query, if the crucial authorities, in fact, has the powers to make such changes or extrade the country logo.

The applicable law to be taken into consideration in regards to the country logo will be the State Emblem of India (Prohibition of Improper Use) Act, 2005, and the State Emblem of India (law of Use) Rules, 2007, which in particular cope with our country logo.

The declaration of items and motives of the 2005 Act states that in advance the usage of the State Emblem of India turned into ruled with the aid of using a hard and fast of government instructions, which did now no longer have any felony sanction, and the Act needed to be enacted to save you the State Emblem’s misuse with the aid of using unauthorised persons.

According to the 2005 Act, the State Emblem of India is as defined and targeted withinside the time table for use as an legitimate seal of the authorities.

The time table of the Act states that the State Emblem of India is an version from the Sarnath Lion Capital of Asoka that is preserved and shall comply with the designs as set out in Appendix I or Appendix II.

The query is, while there’s a statute that in particular states that the State Emblem ought to comply with the designs set out withinside the Act, does the Centre have any powers to make adjustments to the logo.

Section 6(2)(f) of the equal Act similarly presents the Centre with the strength ‘to do all such matters inclusive of the specification of layout of the logo.

The provision in particular states, “Subject to the provisions of this Act, the crucial authorities shall have powers to do all such matters (inclusive of the specification of layout of the logo and its use withinside the way whatsoever) because the Central Government considers essential or expedient for the exercising of the foregoing powers.”

Therefore, in keeping with this provision, the authorities has the strength to make adjustments withinside the layout of the logo.

But one wishes to note, that it most effective refers to extrade withinside the layout and now no longer extrade of the country logo itself. India Today spoke to three felony professionals on this regard.

Senior Advocate Sanjay Hegde, working towards on the Supreme Court of India, stated that there’s no logo set out withinside the Constitution of India. The logo layout is ready out in Appendix I and II of the 2005 Act. Amending the Act, the authorities could have a brand new logo if it so desires.

Senior Advocate Sanjoy Ghose, working towards on the Supreme Court and the Delhi High Court, regarding the 2005 Act, stated that at the same time as the law lets in the Central Government to amend or regulate or adjust the country wide logo, it ought to constantly be remembered that those are solemn symbols of the Republic and feature amazing ancient significance. Therefore, in the sort of be counted the authorities ought to continue with excessive care and caution, and such extrade ought to most effective be resorted in rarest of circumstances.

Advocate Radhika Roy, attorney on the Delhi High Court, stated that the 2005 Act, which prohibits the unsuitable use of the logo, offers the Central Government the strength beneathneath Section 6(2)(f) to institute adjustments withinside the specification of the layout of the logo that is defined and targeted beneathneath the time table, and adjust way of its use. The time table states that the State Emblem of India have to comply with the designs set out in Appendix I or II.

Roy stated, “What flows from that is that now no longer most effective does the Central Government have the strength to outline the specification of the layout of the logo, however there’s not anything that forestalls the Central Government from converting the State Emblem absolutely with the aid of using manner of an Amending Act. That is, of course, issue to approval with the aid of using each the Houses, however it places into the attitude the precariousness of our country wide symbols that may be modified at any factor of time on the discretion of the Legislature.

Faizan Mustafa, vice-chancellor of the NALSAR University of law, Hyderabad stated, “Though the charter as such would not have any unique provisions coping with this, however Article 51A, in addition to National Honors Act, in particular defines that how an Indian ought to recognize and the honor our country wide symbols which incorporates the flag and country wide anthem as well.”

Echoing the equal sentiments, a law professor who did not need to be named added, “If an elected authorities desires to make sure amendments it is able to move in advance and do the equal, however the charter as such would not have a selected provision of punishment if one does that.”