The Supreme Court has recently dismissed a petition aimed at including Vinayak Damodar Savarkar’s name under the Emblems and Names (Prevention of Improper Use) Act, 1950. The petitioner urged the Court to compel the Central Government to list Savarkar's name in the Act's Schedule to prevent its commercial misuse. The Court concluded that such decisions rest solely with the Central Government, thus no judicial intervention was warranted.
The Emblems and Names (Prevention of Improper Use) Act, 1950 is designed to prevent the inappropriate use of specific names, emblems, and symbols for commercial, professional, or trade purposes. The Act aims to ensure that national symbols and names are not exploited for advertisements, trademarks, or business branding.
The petitioner, who claims to have conducted over 30 years of research on Savarkar, sought to protect his legacy by requesting the inclusion of his name in the Act's protected list. He argued that Savarkar's name was vulnerable to improper usage in commercial advertisements and platforms.
This Act strictly prohibits the use of any name or emblem listed in its Schedule for business, trademark, patent, profession, or advertisement, unless explicitly permitted by the Central Government under special conditions.
Only the Central Government has the authority to make changes to the Act's Schedule. This process occurs through a notification in the Official Gazette and does not require parliamentary approval.
The Supreme Court opted not to issue directives to the Centre, stating that the inclusion of names in the Schedule is a policy decision best handled by the executive branch. The Court refrained from interfering in this administrative matter.
Currently, the Schedule includes:
These entries are safeguarded from unauthorized use to maintain their dignity and prevent misleading commercial associations.
The overarching purpose of this Act is to protect national integrity, prevent misleading endorsements, and uphold the sanctity of names and symbols that carry public significance or emotional value for citizens.
Q1. What is the Emblems and Names Act, 1950?
Answer: The Emblems and Names Act, 1950 prevents the commercial misuse of national symbols, names, and emblems, ensuring they are not used for advertisements or trademarks without permission.
Q2. Why was the petition regarding Savarkar's name filed?
Answer: The petition was initiated to protect Savarkar's legacy from commercial exploitation, arguing that his name was at risk of improper use in advertisements.
Q3. Who can amend the Schedule of the Emblems Act?
Answer: Only the Central Government can add or remove names or emblems from the Schedule through an Official Gazette notification without needing parliamentary approval.
Q4. What was the Supreme Court's ruling on the petition?
Answer: The Supreme Court dismissed the petition, stating that decisions regarding inclusion in the Schedule are policy matters best left to the executive branch.
Q5. What symbols are currently protected under the Emblems Act?
Answer: Protected symbols include the name and emblem of Mahatma Gandhi, the Ashoka Chakra, the National Flag, and various awards, ensuring their dignified use.
Question 1: What is the primary purpose of the Emblems and Names Act, 1950?
A) To promote commercial use of national symbols
B) To prevent misuse of national symbols for business
C) To regulate the advertising industry
D) To protect historical monuments
Correct Answer: B
Question 2: Who has the authority to amend the Schedule of the Emblems Act?
A) The Supreme Court
B) The President of India
C) The Central Government
D) The Parliament
Correct Answer: C
Question 3: What was the main argument of the petitioner regarding Savarkar's name?
A) It should be freely used in advertisements
B) It should be protected from commercial misuse
C) It is irrelevant to national heritage
D) It should be included in school curricula
Correct Answer: B
Question 4: Which of the following is listed in the Schedule of the Act?
A) The name of Vinayak Damodar Savarkar
B) The Ashoka Chakra
C) The Indian Constitution
D) The National Anthem
Correct Answer: B
Kutos : AI Assistant!
