Karnataka cabinet okays 3-colour flag; ball is in Centre’s court

BENGALURU: The Karnataka cabinet on Thursday evening cleared a proposal to give Karnataka an independent flag. If the Centre approves the proposal, then Karnataka is the second Indian state, after Jammu and Kashmir, to have its own flag.
Chief minister Siddaramaiah unveiled the yellowwhite-red flag with the state’s emblem — Gandabherunda (a two-headed mythical bird) — on the white band and termed it a “historic moment”.

Siddaramaiah said: “The flag represents the aspirations of Kannadigas. We cannot just announce our flag. We will soon write to the Centre to initiate steps to give our flag a national recognition.”

The government had set up a nine-member committee nine months ago to look into the design and legal framework for a state flag. Dissent among pro-Kannada organisations about the design led to a delay in the cabinet giving its clearance.

Earlier in the day, Siddaramaiah met representatives of Kannada groups and eminent writers Chandrashekhara Kambara, K Marulasiddappa, Chandrashekar Patil, L Hanumanthaiah and Kamala Hampana. They unanimously gave their consent to the new design.

TOI has accessed the committee’s report, which says Parliament has powers to make a law on matters not in the concurrent or the state list. “Since the subject of ‘flag’ is not mentioned in any of the lists, it has to be construed that Parliament alone has legislative competence over the subject,” it reads.

Stating Parliament has enacted the Emblems and Names (Prevention of Improper Use) Act, 1950, which is applicable to a state flag too, the report read: “Parliament has already empowered the Centre under Section 8 of the said Act to add any state flag in the Schedule of the Act.”

Centre needs to examine flag code, protocol

The committee report said the Indian flag, name, emblem and official seal of the Indian government, Ashoka Chakra, emblems of Ramakrishna Math and Mission, emblem of Bharat Scouts and Guides are some of the examples that show the Centre has exercised its powers under Section 8. The Centre can make additions or alterations by way of notification in the official gazette.

The panel said: “There is no prohibition for a state to hoist its flag. What is prohibited is insulting the national flag by burning et al.” To protect a flag’s honour and dignity, the flag code should be amended.

A home ministry spokesperson said even if the question is not over the legality of a flag, it certainly would be about setting a precedent. “The issue is serious, and a thorough examination is required to see the precedent this might set. Besides, we need to look at nuances like protocol and the flag code,” he said.