Does the Centre have the right to amend the national emblem?
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New Delhi: Now the national emblem is in the centre of a controversy for reasons including the Ashoka Lions baring their fangs.
After PM Modi unveiled the emblem, Opposition accused him of turning it into a personal event uninviting leaders of major political parties.
The centre was also attacked for not observing interfaith rituals at the ceremony.
More important of all criticisms is "distorting" of the emblem leaving the lions with their fangs bared.
Many took to social media, according to India Today, to say that the new one looked different from the original.
The bared fangs of the lions have raised questions if the government has the powers to amend the state emblem, according to the report.
Legal experts who responded to India Today referred to the 2005 Act, which says the emblem is an adaptation of the Sarnath Lion Capital of Asoka. The emblems as per it should confirm to the designs as set out in Appendix I or Appendix II.
However, Section 6(2)(f) of the same Act gives the Centre the power to do all such things including the specification of design of the emblem.
Given this, the government has the power to make changes in the design of the emblem.
Senior advocate Sanjay Hegde told India Today that the emblem design is set out in Appendix I and II of the 2005 Act, not in the Constitution of India.
According to Hegde the government can have a new emblem if it desires so by amending the Act.
Though the law permits the government to modify the emblem, Senior advocate Sanjoy Ghose said the government should proceed with care and caution as the emblem is symbols of Republic with great historical significance.