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The Preamble is part of our Constitution. The contents of Preamble play an important role in interpretation of our constitution. The Preamble declares “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC …” THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950 of India is an Act to prevent the improper use of certain emblems and names for professional and commercial purposes.

As per the Schedule 6 of this act, “The name, emblem or official seal of the President, Governor, Sadar-i-Riyasat or Republic or Union of India.” cannot be used for commercial purpose. As per the Emblems and Names act, a penalty of just 500 rupees can be levied for such use, but the act also says that ‘the competent authority may refer the question to the Central Government, and the decision of the Central Government thereon shall be final’.

Today, Rajya Sabha member and BJP leader Subramanian Swamy has tweeted that he has written a letter to the Ministry of Information and Broadcasting questioning the use of the name ‘Republic’ by journalist Arnab Goswami for his upcoming news channel. In the letter dated January 13, Mr.Swamy said that use of certain “names and emblems are prohibited from being used under the Emblems and Names (Prevention of Improper Use) Act, 1950 for professional and commercial purposes”. In the letter he has also said, “As per the schedule accompanying the statute, under Item 6, there is an express prohibition from using the phrase, ‘Republic’. Hence, the grant of license to a news channel to broadcast under the name of ‘Republic’ will be contrary to law and a direct breach of the Emblems and Names (Prevention of Improper Use) Act, 1950”.

Use of the word ‘Republic’ as a trademark or a brand is not allowed, as per Mr.Swamy’s contention. He has threatened legal action if the government fails to take appropriate action on his complaint. The fact is that the Corporate Affairs Ministry also has a list that forbids some terms while registering name of a Private Limited Company or Partnership. “Republic” is explicitly mentioned here too. So actually this Ministry or the Registrar of Trademarks should have taken objection to the use of this word first, when it was suggested.

But, the Schedule of The Emblems And Names (Prevention Of Improper Use) Act, 1950 Of India, in item number 7 also mentions:

“Any name which may suggest or be calculated to suggest (i) the patronage of the Government of India or the Government of a State; or (ii) connection with any local authority or any corporation or body constituted by the Government under any law for the time being in force”

Going by the above, no company should use the name of any states like “Maharashtra” or “New Delhi”, but there are umpteen organizations which use such names – for eg. Maharashtra Seamless Ltd. or New Delhi Television Ltd. (NDTV). So it now depends on how the Schedule is interpreted by the Government or by the Courts of Law.

The channel ‘Republic’ is expected to start running from the 26th of January, 2017. Its first firebrand news is expected to be the upcoming Assembly elections in five states. The channel is already running a Twitter and Facebook account under the name ‘Republic’ and the combined followers have crossed the six figure mark. ‘Republic’ will be part of a company called ARG Outlier Media Private Limited. Arnab Goswami (ex-TimesNow) was appointed managing director of ARG Outlier on November 19. Rajeev Chandrasekhar, a member of the Rajya Sabha and vice-chairman of the NDA in Kerala, is one of the largest investors and a director in the venture. He, through companies owned by him, has invested over Rs 30 crores in ARG Outlier.

Rati Hegde