BENGALURU: Constitutional experts and former judges have expressed concern over the state’s move to have its own flag as it is against the spirit of the federal structure in the country.
Although there is no bar in the Constitution to have separate flag, being a statesman, the head of the state should think about its impact on the unity and integrity of the country, said a former Supreme Court judge.
“The head of the state should strengthen relations between states and the Centre. We say India is known for unity in diversity. At the same time, we give scope for issues like a separate flag that will affect the integrity,’’ he said.
Expressing concern over the move, the retired judge said, “We have divided the states on linguistic basis. That itself divided the country. First, we said we need a state anthem and we now have it. Now, we are going for a separate flag. Then, what would be our next demand? If we go on splitting the country based on caste, religion, language, etc., rival countries can easily take on India.”
Former Advocate General Ashok Haranahalli pointed out that the Flag Code lays down the rules for hoisting the national flag and its use. It was given effect by an executive order issued by the Government of India. Similarly, Karnataka can have its own flag by passing an executive order. But it requires examination. The state should frame a Flag Code carefully without giving scope for it to affect the unity and integrity of the country. Moreover, the codes for both the flags should not clash, he said.
For instance, it is the fundamental duty of citizens to respect the national flag. There are guidelines for display of the national flag in public places and government establishments. Similar guidelines need to be framed for a state flag. If other states too follow Karnataka, there will be scope for conflict between states in case of disrespect to the flag of another state.
So, having a separate flag is a question of policy rather than law. But there is a need to examine (having a separate flag) whether it can be disruptive, he felt. A senior advocate said there is neither a bar nor provision in the Constitution for states to have separate flags. But a state which intends to have its own flag will have to be mindful of Article 19 of the Constitution wherein reasonable restrictions are provided.
However, the lawyer felt that having a separate state flag is against the spirit of ‘One Nation One Flag’. Former Advocate General Uday Holla said there is nothing in the Constitution that state can or cannot have a flag. A state can have its flag and its code by passing the executive order, he added. Only Jammu and Kashmir has a state flag as it enjoys special status under Article 370 of the Constitution.
What the Flag Code deals with
Hoisting and use (including misuse and insult) of the National Flag is regulated by the Emblems and Names (Prevention of Improper Use) Act, 1950; the Prevention of Insults to National Honour Act, 1971; and Flag Code-India. The flag code is neither a statute nor a statutory rule or regulation.
Unfurling of the Kannada movement
The earliest attempt to have a Kannada state began in 19th century. The most notable among the those who argued for a Kannada identity was Deputy Channabasappa, who was born in Dharwad in 1833.
At a time when people in that region were dismissed as southern Maharashtrians, Channabasappa returned to Dharwad from Pune in 1855 and made earnest efforts to uplift Kannada language and culture. Through his efforts, Dharwad became a hub of Kannada culture and education and led to the establishment of Karnataka College and Karnataka University. So popular was his appeal that his admirers started the Karnataka Vidyavardhaka Sangha at Dharwad in 1890.
As early as 1907, Alur Venkata Rao (Kannada Kala Purohita) argued for the formation of Kannada state. As the leader of Karnataka Ekikarana Samithi, he passionately argued for a separate state for Kannadigas.
The Kannada Sahitya Parishat was formed in May 1915 with H V Nanjundaiah as its president. In its very first meeting, the Parishat passed a resolution for the formation of a separate state for Kannadigas.
In 1924, at the All India Congress session held in Belagavi, the song ‘Udayavaagali namma Cheluva Kannada naadu’, composed by Huilgol Narayana Rao, was sung by him in the presence of Mahatma Gandhi.
In 1926, the Hindustani Seva Dal conducted a signature campaign in favour of unification and collected 36,000 signatures, but it was not an easy task to bring people who were under 20 different administrations.
The Kannada movement received a fillip from the Motilal Nehru report in 1928, which supported the formation of a separate state for Kannadigas.
n Literary giants like Kuvempu, Da Ra Bendre, Aa Na Kru and and B M Sri popularised the importance of having a unified state that was not torn into parts to be shared by neighbouring regions.