Emblems and Names (Prevention of Improper Use) Act, 1950

Learn about the Emblems and Names (Prevention of Improper Use) Act, 1950 — a law that prohibits the unauthorized use of national symbols, emblems, and official names to maintain their dignity and prevent misuse.

Context: SC rejects plea to include Savarkar’s name in Emblems Act.

Key Features of the Emblems and Names (Prevention of Improper Use) Act, 1950

Purpose: Prevents unauthorized commercial or personal use of certain national emblems, names, and symbols to safeguard their dignity.
Prohibited Uses (Section 3):
- Restricts the use of names, emblems, or official seals of the Government of India, UN, WHO, etc., without permission.
- Bars misuse of names like “Mahatma Gandhi”, “Jawaharlal Nehru”, or any other name specified by the central government.
Legal Penalty: Violations can lead to fines (upto Rs.500) or imprisonment.
The Previous Sanctions for Prosecution: No legal action for any offence punishable under this Act can be initiated without prior approval from the Central Government or an authorised officer designated by the Central Government through a general or specific order.
Power to Amend the Schedule: The Central Government has the authority to modify or expand the Schedule by issuing a notification in the Official Gazette.

Naveen Jindal vs Union of India (2004)

SC Ruling: Held that flying the National Flag is a Fundamental Right under Article 19(1)(a) (freedom of expression).

Regulating Laws:

Emblems and Names Act, 1950 – Prevents misuse of national symbols.
Prevention of Insults to National Honour Act, 1971 – Penalizes disrespect to the flag.