5.3. Recent Developments

♤ A plea was filed before SC to direct the Central government to frame a national policy under Article 51A to promote and propagate the National Anthem, the National Flag and a ‘national song’. However, the court did not accept the plea. It said that Article 51A only mentions National Flag and National Anthem and does not refer to a national song.

Moreover, Prevention of Insults to National Honour Act, 1971 (amended in 2005) prohibiting the desecration of or insult to the country's national symbols, including the National Flag, The Constitution and the National Anthem is already in place.

♤ Recently, the State of Karnataka proposed a new flag of the State. Apart from the contentions raised regarding unity and federalism, several quarters voiced their opposition to the move on the premise that it is disrespectful to national flag and hence undermines Fundamental Duty.

However, SC in S.R. Bommai v/s Union of India case had stated that federalism is a basic feature of the Constitution and States are supreme in their sphere. So, State flag is not unauthorized. However, the manner in which State flag is hoisted should not dishonor the national flag. Thus, demands to withdraw the state flag do not hold merit on the ground of fundamental duty.