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Supreme Court dismisses plea to add Savarkar’s name to Emblems and Names Act schedule

The bench ruled that Article 32 cannot be used to enforce fundamental duties; it urged the petitioner to seek Union government action for any official listing.

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Overview

  • A bench led by Chief Justice B.R. Gavai and Justice A.G. Masih threw out Pankaj Phadnis’s petition to include Vinayak Damodar Savarkar’s name in the Emblems and Names (Prevention of Improper Use) Act schedule.
  • The justices found no violation of Phadnis’s fundamental rights, a necessary condition for relief under Article 32 of the Constitution.
  • Phadnis, who has researched Savarkar for 30 years, alleged that Rahul Gandhi’s remarks on Savarkar infringed on fundamental duties under Article 51A.
  • The court advised Phadnis to approach the Union government directly for any statutory or educational recognition of Savarkar’s legacy.
  • Earlier in April, the Supreme Court had reprimanded Rahul Gandhi for ‘irresponsible’ comments on Savarkar and paused criminal proceedings against him in Uttar Pradesh.