Plea demands separate flag for state, here’s what High Court said
Mangalore Today News Network
Bengaluru, October 25, 2024: The Karnataka High Court on Friday rejected a public interest litigation (PIL) calling for a separate flag for the State, a long-pending demand that has faced legal hurdles.
A division bench of Chief Justice NV Anjaria and Justice K V Aravind dismissed the petition and observed, “Matters of grievance of such nature would hardly fall within the domain of the court jurisdiction, much less in the realm of public interest jurisdiction. The petition is misconceived and dismissed.”
Appearing for the petition, Advocate Umapathi S argued that an expert committee had been constituted including eminent writers on his representation, insisting on a separate flag for the State.
He further said that the Constitution of India does not restrict the states from having their separate flag. He also relied on the opinion of the Advocate General based on which the expert committee was constituted.
“Across the state, there is a demand for a state flag and an unofficial flag is being hoisted across the state and creating confusion among the citizens. There is no prohibition in any of the Act also,” the advocate said.
Affirming that the issue may affect the sentiments of the people of Karnataka, the plea prayed for directions to the state government to place the recommendation of the aforesaid committee before the court for its consideration and to pass appropriate orders thereon by law.
The court on dismissing the plea said “The petition is not, however, precluded from pursuing his representations stated to have been pending.”
Existing Karnataka Flag & Its Legal Status
In 2017, then Chief Minister Siddaramaiah formed a nine-member panel to explore the legal framework for the formal adoption of a State flag. The body, chaired by GS Siddaramaya, Principal Secretary of the Department of Kannada and Culture, comprised other members including scholars, historians and writers.
Following the submission of the report to the state government, a team of designers came up with a different version of the State flag, similar to the national tri-colour, with the Karnataka emblem on its centre. Siddaramaiah unveiled the design on March 8, 2018.
A proposal seeking inclusion of the approved design of the Karnataka flag in the schedule of the Emblems and Names (Prevention of Misuse) Act, 1950, was sent to the Union Government, drawing criticism from the BJP and like-minded parties.
Consecutive governments came to Karnataka led by HD Kumaraswamy and BS Yediyurappa, but they did not pursue the proposal with the Union government.
Since it was not taken up for review at the Centre, the Yediyurappa government decided to drop the proposal formally from the state’s side in August 2019.
The state has had an unofficial “Kannada flag” since the 1960s – the bi-coloured red-and-yellow flag is popular with the local people and many Kannada activists also wear it as a scarf. At present, however, there are no official State flags in India.