Context:
Karnataka Government has decided to accept state flag proposed and designed by 9-member committee constituted by state Kannada and Culture department.
Legal Points:
- There is no prohibition in the Constitution for the State to have its own flag.
- Even there is no separate central or state law dealing with issue.
- So, legally it can be said that state flag is not unauthorised.
- Jammu and Kashmir is only state having separate flag of its own due to special status granted by Article 370 of the Constitution.
- At present, the national flag code specifically authorises use of other flags subject to the regulation by the court.
- It does not mention anything about separate state flag.
- However, it clearly mentions that the manner in which the other flag is hoisted should not dishonour the national flag.
- It has to be always below the national flag.
- Thus, if states have separate flag, it should be hoisted in such a way that it does not dishonour the national flag.
What will happen now?
- Now state government will make formal application to Union Ministry of Home Affairs (MoHA) under whose purview issue falls to amend Flag Code 2002 to include state flag.
- If adopted with clearance from MHA, Karnataka will be the second state after Kashmir to have an official state flag.
which indian states have their own flags? if a question comes what should e the answer