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It was contended that the lions in the emblem appear to be "ferocious and aggressive" with their "mouth open and canine visible," as opposed to "calm and composed" lions at Sarnath.
On Friday, a Bench of Justice MR Shah and Justice Krishna Murari, while dismissing a plea filed by two lawyers challenging the design of the national emblem (lions) as under the State Emblem of India (Prohibition of Improper Use) Act, 2005, was of the opinion none of the provisions of the Act were violated.
The Bench was further of the opinion that it depends on the the perception of an individual, as to how and what image a person perceives in his mind, on the contention of lions appearing to be 'ferocious' and 'aggressive'
Earlier, two advocates had approached Top Court against the State Emblem installed at the top of the Central Vista building, alleging that it violates the description and design of the ‘State emblem’ provided under the Schedule [u/S 2(b)] of the State Emblem of India (Prohibition of Improper Use) Act, 2005.
It was contended that the newly installed State Emblem of India at the top of Central Vista has a visible difference in the designs of lions, which depicts a changed composure of the lions than that of the symbol preserved in the Sarnath Museum.
It was further contended that the lions in the emblem appear to be "ferocious and aggressive" with their "mouth open and canine visible," which is in contrast with the State Emblem preserved in the Sarnath Museum, in which the lions appear to be "calm and composed."
Furthermore, the plea had stated that the State is supposed to protect the sanctity of the State Emblem and implement the Act of 2005 but the state is itself violating the law enacted by the Parliament and is violative of the fundamental right of equal protection of law enshrined under Article 14 of the Indian Constitution.
CaseTitle: Aldanish Rein & Another v. Union of India
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