Manishek Kumar Singh, B.A. LL.B., Lucknow University
“INCREDIBLE !NDIA” the quote is originally an international marketing campaign by the government of India to promote tourism in India. The aim behind is, to let the world know about the diversity of India and to show the most important feature of this diversity that is the “Unity” between them and if we see the logo of the campaign carefully then one can easily observe that what the first symbol of India (!India) wants to show very wisely.
But with the passage of time, the unity of this special diversity got disturbed and the worst thing in it is the disturbing elements are the same i.e, DIVERSITY. From childhood, we are listening to a very common Sanskrit quote that “ATI SADEV VARTE” that is an excess of anything will harm. In the case the excess of communalism, radicalism, regionalism, casteism and much more all these are now working together to disturb Indian Unity in Diversity and a very bad thing about this is that these are the resultant of our political parties and they’re under the table agendas and they are quite successful in it.
PURPOSE BEHIND THE ARTICLE:-
The extent of communalism or one can say regionalism clearly resulted in the demands of the separate flag for their community. None other than the demand of Karnataka for the separate flag for their community shows the communalism in them. If we talk about the reason behind it than the native political leaders and the public make the statement that their culture is different from others and in order to make the culture and festival more special the communal flag is utmost necessary and that’s why they are protesting for it.
One can imagine it very easily how the flag for them is so necessary that in 2012 in an annual financial statement they proposed for the separate flag for their state even then when they have their own unofficial flag from a long time. It is still a question that how a separate official flag can become so important that it determines their culture globally and makes their state eye- catchy and observable.
STATUS OF LAWS REGARDING IT:-
Status of laws regarding the matter is absolutely silent as there is no law for it. I think that’s why the Chief Minister set up a 9 members committee to take a decision about the flag and about the continuity may be in order to show some concern about the laws which are pre determine to him. But that’s not my point that is political agenda and for it, there are several of members are present within the state and outside it who have great knowledge about it.
In 395 articles and 12 schedules, there is no provision which says anything about the state separate flag till the date.
There is no separate central or state law dealing with the issue.
The Universal exception of our Laws that is Jammu and Kashmir is the only state which has their own separate flag and that is only due to its special status of Article 370 and due to its separate constitution.
The National flag code specifically authorizes other flags but with the condition that it should not dishonour the national flag.
At last, I will say that constitution is silent because the constituent assembly doesn’t think of this India at that time when they were making a constitution and specially preamble of it’s they thought of “Ram Rajya” which is the state of equality, justice, peace but at present is far behind from it. Therefore they didn’t make any laws regarding it.
IS THE DEMAND FOR SEPARATE FLAG IS THREAT TO NATIONALITY:-
Yes, the demand is a threat to national unity and integrity but if we see the newly formed state in 2013 the Telangana which is formed only on the basis of different culture and beliefs than the demand of Karnataka is nothing before it if they got their demand fulfilled then why Karnataka peoples are discriminated. There demand need to be fulfilled as they are making a statement on their own that for them National flag will always come first and the state flag will always host below the national flag and no action will be done by any one which will disrespect the national flag. The state has nothing to do with a centre and it is on their own regarding the decision on a separate flag.
In last one thing, I would like to mention that equality should be maintained there is no need to have double standards and if equality is maintained then for the government there are many proposals are still pending which got invoked automatically like Bodoland in Assam and Gorkhaland in Darjeeling and rest depends on government.