Harendra Pratap Singh,Advocate v. the State of Bihar and Ors.
Case brief
What is this about?
Patna High Court, CWJC 19142/2010, Dr. Anshuman, J., disposed 19-08-2025. Mandamus refused compelling use of the State/National Emblem on official stationery by Bihar State officials and constitutional-post holders under the Emblems and Names (Prevention of Improper Use) Act, 1950 (Act No. 12 of 1950), the State Emblem of India (Prohibition of Improper Use) Act, 2005 (Act No. 50 of 2005), S.11, and Schedule 1 / Rule 4 of the State Emblem of India (Regulation of Use) Rules, 2007. Key holding: Rule 4 makes adoption of the emblem by a State Government discretionary, not a binding precedent; States already using another emblem before the Rules may continue. Separate State emblem question; no merit; petition disposed.
What did the court decide?
Upon a bare reading of Rule 4 of the Rules of 2007, adoption of the emblem is not a binding precedent upon the State: the Rule states the State Government MAY adopt the emblem as its official Emblem, and where a State Government had already incorporated the emblem or another emblem in its State Emblem prior to the coming into force of the Rules, it may continue to use it subject to the other provisions of the Rules.