The State has a statutory duty to prevent the misuse of the State Emblem, necessitating enforcement of existing laws and public education to uphold national integrity.

JUDGMENT :

HARISH TANDON, CJ.

1. On the advent of human civilization taking a paradigm shift from a community-based power to monarchy and taking shape in the form of a country, the Symbol, Flag, and/or Emblem were used symbolizing honour, right and the authority exercised to achieve the object of justice, ethos behind the purity of the administration and above all, inculcating the sense of values towards the motherland. It not only encompasses the honour and pride to any nation but also depicts its historical, cultural and moral values.

2. The National Symbol or the Emblem adopted by the nation percolates a sense of responsibilities and core values of life which at times, is distinct from the other nations within the globe. Preservation of the core cultural, ethical and moral values and its dissemination through the Symbol, Flag and Emblem is aimed not only to unite the people of the country but to be reminded of the basic values of life.

3. After the independence achieved by the people of our country from the colonial rule, the first and foremost task, which was felt inevitable to represent the sovereign republic identity and its values in adopting the National Flag, National Anthem and also the National Emblem. It was proposed in the Constituent Assembly that the National Emblem should be inspired from the mode of rule and the governance embraced by the capital of Ashoka, which illuminates and/or resolute the sovereignty, unity and ancient civilization and its heritage.

4. Before the adoption of the Constitution of India and after the independence achieved from the British colonial rule on 15th August, 1947, the dominion of India adopted the State Emblem through a press communique dated 29th December, 1947 to be published or broadcast on 30th December, 1947 which should consist of the Sarnath Lion Capital of king Ashoka with the lions standing on an abacus having Dharma Chakra in the center, a bull on the right and horse on the left and the outlines of the Dharma Chakra on extreme right and left with further stipulation that a suitable motto will be included in due course as soon as one has been decided upon. Subsequently, the State Emblem representing the Lion Capital of king Ashoka with motto “Satyameva Jayate” in Devanagari was adopted as a State Emblem of India on 26th January, 1950.

5. Immediately after the adoption of the Constitution of India to take effect from 26^th January, 1950, in contemporaneous period of time, the Emblems and Names (Prevention of Improper Use) Act, 1950 was promulgated, tracing the source of powers from the residuary Article 97 of List-I, defining the word "Emblem" to mean any Emblem, Seal, Flag and Insignia, the coat of arms or pictorial representation as specified in the schedule appended thereto.

6. The said Act contains an exhaustive provision, including the prohibition of improper use of the Emblems and Names, yet there appears a continuous improper use thereof in diversified fields, including in trade and commerce. The Constitution Bench of the apex Court in M/s. Sable Waghire & Company v. The Union of India, reported in (1975) 1 SCC 763, though was considering the pictorial representation and the words, Chhatrapati Shivaji Maharaj used as a registered trademark by the said company engaged in a business of manufacturing, marketing and selling bidis across the country, the challenge was made by the said company to the constitutional validity of the said Act and its vires and in pursuit of addressing such issues, the Constitution Bench succinctly recapitulated the object and purpose, underlining the promulgation of the said act in the following:

“15. Let us, therefore, have a background of