BREAKING| Lion Statue Atop New Parliament Building Does Not Violate State Emblem Act : Supreme Court

The Supreme Court on Friday held that the lion sculpture installed atop the new Parliament building under construction as part of the Central Vista project does not violate the State Emblem of India (Prohibition of Improper Use) Act, 2005.

Holding so, a bench comprising Justices MR Shah and Krishna Murari dismissed a PIL filed by two lawyers who claimed that the new sculpture is contrary to the design of the national emblem approved under the State Emblem of India (Prohibition of Improper Use) Act, 2005.

On petitioner's submission that the lions in the new emblem appear to be more aggressive, Justice Shah orally observes "that impression depends on the mind of the person".

The petitioner Advocate Aldanish Rein contended that there cannot be artistic innovation with respect to the approved design of national emblem. The petitioner also contended that the logo of "Satyameva Jayate" is not there in the statue.

However, the bench observed that there is no violation of the Act.

"Having heard the petitioner party- in- person and having gone through the emblem of which the grievance is made, it cannot be said that the same is in anyway contrary to the provisions of the Act. It cannot be said that any of the provisions of Act 2005 are violated. The state emblem of India installed on central vista project, New Delhi cannot be said to be in violation of the Act 2005 at the least. Writ petition is dismissed", the bench observed in the order.

As per the petition filed by two Advocates-on-Record, Mr. Aldanish Rein and Mr. Ramesh Kumar Mishra, the new emblem violates the description and design of State emblem in Schedule of the State Emblem of India (Prohibition of Improper Use) Act, 2005.

The petition contends that the lions in the concerned emblem appear to be ferocious and aggressive with their mouth open and canine visible, while the ones of the Sarnath Lion Capital of Ashoka, which it ought to resemble, are "calm and composed". It further avers that the four lions being representative of the four core spiritual philosophies of Budhha, is not merely a design, but has cultural and philosophical significance.

Acknowledging the statute is silent on the issue of improper use of State emblem by the Government itself, the petition relies on the Constitutional framework. The core challenge of the petition is that the change in the design of the State emblem violates its sanctity; is manifestly arbitrary; and would not pass muster of Article 14 of the Constitution of India. It also argues that the act of the Union Government to impinge upon the emblem without following due process is in derogation of Article 21, which envisaged the right to 'one's national pride and constitutional faith'.

It submits -

"The State emblem of India is a mark of identity of the Republic of India. The republic of India belongs to the people of India, we the Indians. When this identity is unduly interfered with by the government, it hurts the national sentiment of its citizens."

On 26.01.1950, the State Emblem was adopted as a symbol and seal of the newly formed Republic of India. The statute came into existence in 2005. It describes the State Emblem of Indian as an adaptation from the Sarnath Lion Capital of Ashoka which is preserved in the Sarnath Museum.

Case Title : Aldanish Rein and another versus Union of India W.P.(C) No. 609/2022 X

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