Amid Row Over 'Aggressive' Lions Atop Parliament Building, Here Is What Law Says On National Emblem

Ashoka Stambh Controversy: Does the Centre have the power to make modifications in design to the national emblem? Here is what the State Emblem of India (Prohibition of Improper Use) Act, 2005, says.

The newly unveiled National Emblem on the roof of new Parliament House building and the emblem as prescribed by the State Emblem of India Act, 2005

Source : PTI

A controversy has erupted after Prime Minister Narendra Modi unveiled the cast of the national emblem on top of the new Parliament building, with Opposition leaders and historians accusing the government of modifying and "distorting" the emblem and giving a "ferocious" look to the sculpture. Opposition leaders said the emblem, unlike the original, showed the "aggressive" and "muscular" Ashoka Lions "baring their fangs".

While the government is yet to issue any statement, several Union ministers have defended the move, saying the national emblem atop the new Parliament building was an "adaptation" from the Sarnath Lion Capital of Ashoka.

Now, the development raises a question if the Centre has the power to make modifications in design to the national emblem.

Are There Any Laws That Deal With The National Emblem?

The State Emblem of India (Prohibition of Improper Use) Act, 2005, and the State Emblem of India (Regulation of Use) Rules, 2007, deal with improper use of of state emblem in our country.

The law says the State Emblem of India is an adaptation from the Sarnath Lion Capital of Asoka, which is preserved in the Sarnath Museum. It further says the State Emblem of India shall conform to the designs as set out in Appendix I or Appendix II (images below).

Section 6 of the law deals with general powers of Central Government to regulate use of emblem. Section 6(2)(f) of the Act gives the Centre power over "specification of design of the emblem and its use in the manner whatsoever". 

"Subject to the provisions of this Act, the Central Government shall have powers to do all such things (including the specification of design of the emblem and its use in the manner whatsoever) as the Central Government considers necessary or expedient for the exercise of the foregoing powers," states Section 6(2)(f) of the Act.

The State Emblem of India (Regulation of Use) Rules, 2007, contain the guidelines regulating the use of the state emblem of India in official seal and on stationery and its design.

What Have The Opposition, Activists Said On The Emblem Atop Parliament?

The Opposition has claimed that the emblem had been modified and "insulted".

Jawhar Sircar, Rajya Sabha MP and former CEO of government-run Prasar Bharati, called it an "insult to our national symbol, the majestic Ashokan Lions".

Sharing pictures of the emblem and the new sculpture, he tweeted, "Original is on the left, graceful, regally confident. The one on the right is Modi's version, put above new Parliament building - snarling, unnecessarily aggressive and disproportionate. Shame! Change it immediately!"

AICC General Secretary Jairam Ramesh said to completely change the character and nature of the lions on Ashoka's pillar at Sarnath was nothing but a "brazen insult to India's National Symbol". 

Senior lawyer and activist Prashant Bhushan said, "From Gandhi to Godse; From our national emblem with lions sitting majestically & peacefully; to the new national emblem unveiled for the top of the new Parliament building under construction at Central Vista; Angry lions with bared fangs. This is Modi's new India."

Historian S Irfan Habib said meddling with our national emblem was totally unnecessary and avoidable. "Why should our lions look ferocious and full of angst? These are Ashoka's lions adapted by independent India in 1950," PTI quoted Habib as saying.

How Has The Govt Reacted To The Controversy?

Urban Affairs Minister Hardeep Singh Puri said the bronze cast of the national emblem atop the new Parliament building was a "scaled up" version of the original Sarnath emblem. Puri said the impact of angle, height and scale needed to be taken into account when comparing the two structures.

"If an exact replica of the original were to be placed on the new building, it would barely be visible beyond the peripheral rail. The 'experts' should also know that the original placed in Sarnath is at ground level while the new emblem is at a height of 33 mtrs from ground," Puri tweeted.

"If the Sarnath emblem was to be scaled up or the emblem on the new Parliament building is reduced to that size there would not be any difference," Puri said in another tweet.

Sunil Deore, sculptor of the national emblem, said it was a replica of the Sarnath sculpture. "The photo that is going viral was taken from a wide-angle and due to it, lion's face is looking aggressive. We've not changed anything," Deore told ANI.