The Supreme Court on Tuesday dismissed a petition seeking the inclusion of Vinayak Damodar Savarkar’s name in the schedule of the Emblems and Names (Prevention of Improper Use) Act, 1950. The Act prohibits the misuse of specific emblems and names for professional or commercial purposes.
A bench comprising Chief Justice of India D.Y. Chandrachud and Justice Augustine George Masih observed that there was no violation of any fundamental right of the petitioner. The petitioner, appearing in person, claimed to have conducted research on Savarkar for over 30 years and sought legal recognition of his historical contributions by adding his name to the 1950 Act’s schedule.
CJI questioned, “Which of your fundamental rights has been violated?” In response, the petitioner referred to Article 51A of the Constitution, which deals with the fundamental duties of citizens, and alleged that leaders like Rahul Gandhi were obstructing his duties.
The court clarified that under Article 32, it only entertains petitions concerning violations of fundamental rights, not fundamental duties. Therefore, the plea was found to be legally untenable and was dismissed accordingly.
