DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE: SEPARATE CONSTITUTION AND FLAG FOR INDIAN STATES.

SUBJECT: POLITICAL SCIENCE-1

NAME OF THE FACULTY: Ms. NIRMALA DEVI

Name of the Candidate: S. KRISHNA VAMSI

Roll No.: 2017095

Semester: 1

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 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Nirmala

madam who gave me the golden opportunity to do the project of my interest on the topic
(Separate Constitution and Flag in States of India), which also helped me in doing a lot of
Research and I came to know about so many new things I am really thankful to them.

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 ABSTRACT

SEPARATE CONSTITUTION AND FLAG FOR INDIAN STATES

Separate constitution for Indian states:

A federal government is a system that divides up power between a strong

national government and smaller local governments. Having separate constitution for each state
is called federal form of constitution. American has federal form of government and federal
constitution. India has federal form of government, India doesn’t have separate constitution.
United Nations of America is the best example of this kind.

In United States there is separate constitution for each state. By having separate
constitution for each state it maintains certain level of sovereignty over its own form of
government. Most states has four year plan and some have two year plan. Nebraska which is
unique among the 50 states, it has a one-house legislature. In addition most of the states offer
citizens rights more than which the US constitution grants. Many states grant free public school
education for the children of its resident. No such rights appear in US constitution. But no state
can limit rights under the US constitution. So it would be unconstitutional for a state to deny a
criminal defendant the right to an attorney or limit the right to vote to men.

Separate flag for Indian states:

Separate flag for each state in India is acceptable by constitution. Jammu and
Kashmir is the only state to have its own constitution and official flag for its state. The state of
Karnataka is fighting for making its unofficial state flag official. Sikkim used a flag when it was
an independent kingdom before its annexation to India. The Karnataka government set a nine
member committee for design of state flag and to look into legislative issues. There is no
obstruction to have state flag, constitution even allows it but Supreme Court said that state flag
should always be below the national flag and the national flag shouldn’t be dishonored.

The states in India do not have their own flags because they are united under one
central form of government. Every country has treated India as single nation. And in 1947 India
became a sovereign under a single name and by 1950 most of the 562 Princely states surrendered

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their operations to the Indian Union. The only state with a separate flag is Jammu and Kashmir
which enjoys special powers under Article 370 of the Constitution. The Centre is also wishes to
grant a separate flag to Nagaland under a treaty likely to be signed with the National Socialist
Council of Nagalim.

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 SYNOPSIS

TITLE OF RESEARCH: SEPARATE CONSTITUTION AND FLAG FOR INDIAN

STATES.

INTRODUCTION:

The project is about having separate constitution and separate flag for each state
in India. Switzerland is the best example, it has 26 cantons and each canton has its own
constitution and flag. Few other countries are also there with any of this feature. The best thing if
we have separate constitution and flag is, separate constitution makes each state federal and
makes the state to have some power to take its own decision but under limited control of union
government and president. This project makes it clear that whether separate flag or constitution
for states makes them federal or not and the use of having separate flag for the states. Even
American states have separate constitution and flag and all the states and the heads of the state
are under control of their president who is indeed elected by the people and he has the complete
control of his country.

RESEARCH QUESTION:

1. Whether it is possible for Indian states to have separate constitution?

2. Whether it is possible for Indian states to have separate flag?

OBJECTIVE OF STUDY:

The separate constitution for states makes the state more federal, but with limited
power so that the state will have individual authority on their people but the involvement of
union government if necessary so that the functioning of the states would be good and there
would be better decisions taken by the state governments. If the states have their own flag there
would be no good use for it but, as there are separate state name, separate state animal and the
state has its own liberty to choose so. But the recognition of states will be increased if this
happens. This study clearly tells about the benefits and drawbacks of having separate constitution
and flag for states.

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LITERATURE REVIEW:

Regarding separate constitution and flag:

1. The Federal Constitution Of The Swiss Confederation.

Author: Berne (2nd edition)
This book talks about having separate constitution for states in that country
(Switzerland). Switzerland’s constitution is best example for giving permission for its
states in having separate constitution and flag for its state.
2. The Oxford Handbook of the U.S Constitution.
Author: Edited by Mark Tushnet, Mark A. Graber and Sanford Levinson.
This book is about the Constitution of America. As America also has separate
constitution and flag for their states and this helps the project to analyze the best things of
having separate constitution and flag.

RESEARCH METHODOLOGY:

1. Nature of study: Analytical or Critical study.

2. Primary Sources: Article 370, part XXI of Indian Constitution talks about temporary,
transactional and special provision.
Secondary Sources: The Constitution Of Jammu And Kashmir, 1986.

SCOPE OF STUDY:

The study mainly deals about the benefits of having separate constitution and flag
for Indian states which few countries have. By having this provision the states of those countries
are autonomous of having their rule but with a limit by president at union level. This makes the
state more autonomous and those states can take their own decision for the better upliftment of
the society. Having separate flags for states gives them their own identity and recognition so that
they are recognized by their flag. The research is restricted to only India and the states in it.
Though Jammu and Kashmir is part of India it has few privileges which other states doesn’t have
such privileges, hence the scope of study is completely restricted to Indian states.

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SIGNIFICANCE OF STUDY:

By having separate constitution and flags for states make them more independent
and federal so that the better decisions can be taken and the country/state can be developed in a
better way. The main purpose of having flag is for recognition and this would be best way to
recognize a state in a country. As most of the developed countries use or using this procedure
and are in a good way of utilizing their democratic power in federal system.

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 TABLE OF CONTENTS

1. INTRODUCTION OF THE TOPIC ………………………..…………………………….9

2. CONSTITUTIONAL PROVISIONS ………………….………………………………..10

A. FOR SEPARATE COSTITUTION
B. FOR SEPARATE FLAG

3. SEPARATE CONSTITUTION ………………………………………………..………..11

A. Introduction …………………………………………………………………….........11
B. Merits ………………………………………………………………………………..11
C. Demerits …………………………………………………..…………………………12
D. Comparison with other countries ……………………………..……………………..12
E. Status quo ………………………………………………………..…………………..12

4. SEPARATE FLAG ……………………………………………………..……………… 14

A. Introduction ….……………………………………..………………………………..14
B. Merits ………………………………………………….……………………….……14
C. Demerits …………………………………………………..…………………………15
D. Comparison with other countries ……………………………..…………………..…15
E. Status quo ………………………………………………………..…………………..15

5. SEPARATE CONSTITUTION AND FLAG COMBINDE ……………..……………...16

A. Benefits

6. STATES FEDERAL POWER ………………………………………………..…………17

7. SUGGESTIONS ………………………………………..……………………………….18

8. CONCLUSION ………………………………..………………………………………...19

9. BIBLIOGRAPHY ……………………………………………………………………….20

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 1. INTRODUCTION OF TOPIC

India has one constitution and one flag, the states in India doesn’t have separate
constitution and flag. The constitution made it clear that the India is diversified by culture, case,
color, and creed but is united by nation. The people in this nation feel united and they follow the
same rules which are laid down by constitution, though they made changes depending on their
traditions in their own place, everyone is equal before law which is equal in whole country. The
rules are made regarding provisions and articles in constitution so that every person in country
can get equal rights provided by constitution. The project revolves around the need for states in
having separate constitution and the demerits are also discussed. And the need for having
separate flag is also discussed. Though Indian states have permission for separate state animal,
flower, bird and tree, the states have permission for having separate flag even but the central
government doesn’t encourage such things, because they feel that people may misuse their
freedom and they can extend it for having separate country. The project discusses the merits and
demerits of having separate flag for each state in India.

The states in India do not have their own flags because they are united under one central
form of government. Every nation treats India as a single nation. And in 1947 India became a
sovereign under a single name and by 1950 most of the 562 Princely states surrendered their
operations to the Indian Union. The only state with a separate flag is Jammu and Kashmir which
enjoys special powers under Article 370 of the Constitution. The Centre is also wishes to grant a
separate flag to Nagaland under a treaty likely to be signed with the National Socialist Council of
Nagaland.

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 2. CONSTITUTIONAL PROVISIONS

There are few constitutional provisions for having separate flag and constitution for
Indian states. This makes states more independent but under control of union, so that there will
be positive liberty and freedom.

A. FOR SEPARATE CONSTITUTION:

Article 370 of Indian Constitution is an article that grants special autonomous status to
the state of Jammu and Kashmir. The article is drafted in Part XXI of the Indian Constitution;
this article gave permission for Jammu and Kashmir: Temporary, Transitional and Special
Powers. The states constituent assembly was empowered to recommend the articles of Indian
Constitution to be applied to the state or to abrogate the article 370 altogether. Article 37- was
deemed to have become a permanent feature of Indian Constitution.1

B. FOR SEPARATE FLAG:

There is no provision in Indian Constitution which bars states from having their own flag.
Though there are no provisions in stopping states to have their flags, experts feel that the head of
state should think about its impact on the unity and integrity of the country. We (Supreme Court
judges) 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.

1
Mahendra Pal Singh: V.N.Shukla’s Constitution of India, Noida, e.d:12th, Eastern Book
Company, p.1092-1093.
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 3. SEPARATE CONSTITUTION

A. INTRODUCTION:

Though there are provisions for having separate constitution for only one state in India as
it has some problems regarding which the constitution of India provided provisions for Jammu
and Kashmir. This is the only state which has such provisions. Though the union government
passes bill for having special status and provisions for states, but union government doesn’t have
any right or authority to cross the boundary of constitution which is laid down only to Jammu
and Kashmir. The merits and demerits of having separate constitution are discussed below.

B. MERITS:

Talking about the benefits of having separate constitution, the benefits are, this provision
makes the state more independent and more federal. The decisions of state can be taken as
written in their constitution. Though the union should regulate this thing because, excessive
liberty can make the state more independent and there is threat that the states can demand to
declare them as independent country. Switzerland is the best example, it has 26 cantons and each
canton has its own constitution and flag. Few other countries are also there with any of this
feature. The best thing if we have separate constitution and flag is, separate constitution makes
each state federal and makes the state to have some power to take its own decision but under
limited control of union government and president. There should be given enough freedom but
under there should be positive federalism and freedom so that the independence given isn’t
exploited. The constitution allows the states to make its own laws, but those are only to a part.
Every state and people in it has their own customs and traditions which are to be respected by
other citizens so, by giving freedom for state to make their own constitution so that there would
be better governance and the benefits will reach people quickly. As the Indian constitution
provides provision for Jammu and Kashmir to have its own constitution, it was written that the J
& K can have it own constitution but it should refer to the Indian constitution. 2

2
Mahendra Pal Singh: V.N.Shukla’s Constitution of India, Noida, e.d:12th, Eastern Book
Company, p.1094-1097.
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 C. DEMERITS:

Talking about demerits of having separate constitution for states, if the sates are given
extreme powers to make their own constitution, it may lead to independence of states and the
state may also demand independence. There are no big demerits for having separate constitution
but the main defect is that the final decision lies in the hands of sovereign power at central level.

D. COMPARISON WITH OTHER COUNTRIES:

Federal type of constitution in Switzerland and United States of America are the best
examples to compare with. Switzerland has 27 cantons and each canton has its own constitution
but being too federal, the final decision lies with the sovereign power of union of all cantons i.e.,
country, he has the power of all decisions of the cantons, but the stats are independent in their
rules and regulations. As it is already mentioned above the book referred regarding this is ‘The
Federal Constitution of Swiss Confederation’. This book completely deals with the constitution
of Switzerland which helps the project to distinguish the merits and demerits of having separate
constitution for states in one united country. The Index of perception of corruption3 puts
Switzerland among the least corrupt nations. In the 2005 survey, Switzerland ranks 7th (out of
158 surveyed), with 9.1 out of 10 possible points, representing an improvement of 0.4 points
over the past four years. Together with seven other European nations, Switzerland leads the 2005
index on Freedom of the Press4 published by Reporters Without Borders (with a score 0.5 points,
zero being the perfect score). When compared with index of perception of corruption India
stands in 79th place, where as U.S stands 18th place. Going on with America, the states in
America too has separate constitution but under control of President who is has the sovereign
power elected by the people, the states power is only to extent that they can take decisions but
the consent of President is necessary.

E. STATUS QUO:

Till now in India we have bi parliamentary system at state level and central level and the
decisions are taken by these legislatives and the constitution decides the power of those
legislative bodies and all the acts and policies are made revolving around the constitution which

3
https://en.wikipedia.org/wiki/Corruption_Perceptions_Index, accessed on 1 October 2017.
4
https://en.wikipedia.org/wiki/Press_Freedom_Index, accessed on 1 October 2017.
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the country is following since independence. The constitution of America is prepared after its
independence in 1787 where as it got independence in 1776, where as our constitution was
formed in 1950, Indian constitution has most amendments than American constitution. If in India
we have separate constitution for states, the rules will be made according the customs of the
states and according to their traditions, but it should be clear that sovereign is always supreme.

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 4. SEPARATE FLAG

A. INTRODUCTION:

Having separate flag for states makes them recognized and those can be identified
independently so that recognition for states will be increased even though they are one nation.

B. MERITS:

If separate flag is allotted for states, then the states would be more independent and there
would be recognition for states when there is any intra state competition for sports or any other
competitions. As there is origin day for states and states are allowed to have separate state
animal, flower, tree and all such things, states should also have separate flag which will be
beneficiary as such of those. In India the state of Karnataka is fighting for having separate flag
and the state of Jammu and Kashmir has its own flag and constitution even, the state of
Karnataka and Tamil Nadu are too rebellious in nature because those states doesn’t allow
anything written in Hindi even in government offices because Hindi is just our official language
and it is not our national language. This just represents the individuality of states and their
freedom to express their opinions. So having separate flags for states like languages is good for
states to maintain the tranquility and recognition. But the Indian national flag should be
recognized as eternal one and any defamation should be punished too strictly and it should be
represented if competition or any such things out of country. Opposition to the idea of a state flag
has come from the small thinking pseudo-nationalists, who are the ones pushing Hindi-Hindu-
Hindustan identifying India wrongly as a one language, one religion nation. We have city
specific (Chennai Super Kings) or state specific (Kings XI Punjab) IPL teams and that is another
form of sub-nationalism. These teams all have their own flags and we don't have a problem with
that. Nor is there a problem with political parties and their flags. All of our states have unique
histories and because of that they have unique identities. These identities should be allowed to
express themselves. They are not in contradiction with our Constitution and there is no reason for
them to be suppressed.5

5
http://www.firstpost.com/india/karnataka-flag-row-every-state-is-allowed-to-have-its-own-
identity-nothing-unconstitutional-about-it-3844895.html, accessed on 2 October 2017.
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 C. DEMERITS:

Though there are not much demerits in having separate flag, but this should be to the
extent that our national flag is placed superior and when representing the country outside India
state flags shouldn’t be mentioned. Though there are not much demerits the main thing which
cant be said as demerit even is that the Parliament should take measurements that the Indian flag
is placed in superior position and the appropriate legislations are to be made to restrict the over
liberty and freedom.

D. COMPARISION WITH OTHER COUNTRIES:

The countries like U.S and Switzerland has separate constitution for states and those
states have separate flags even. Modern U.S. state flags date from the 1890s, when states wanted
to have distinctive symbols at the 1893 World's Columbian Exposition in Chicago, Illinois. Most
U.S. state flags were designed and adopted between 1893 and World War I. One of the most
interesting found in research is that the districts in states of U.S also has their own district flags.
America has many flags more than 30. Switzerland also has flags for its states.

E. STATUS QUO:

If separate flags for states are allowed then there will be independence for states and there
will be recognition for states. If this provision is made then there will be recognition for states
and for every competition these flags for states in intra country competitions can be used.

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 5. SEPARATE CONSTITUTION AND FLAG COMBINED

A. BENEFITS:

The benefits of having separate constitution and flag combined is that the states will be
independent than what they are now. Like America and Switzerland we have to have separate
flag and constitution for states so that recognition and identification of states by its flag.

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 6. STATES FEDERAL POWER

The states should be federal only till the supreme power is the union government and
regarding flag only till representation of Indian flag outside country but inside country the flags
can be used but on restrictions so that the tricolor flag is not defamed. The Indian states will be
federal like American and Switzerland states and there can be any decision taken by the states
but only with final consent of the supreme authority of that country so that there will be no over
misuse of federal power and the supreme authority will be supreme always.

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 7. SUGGETIONS

1. If the separate constitution is allowed then there should be supreme authority where all
the states are under control of that power.
2. The government should see that there is positive liberty and positive freedom so that this
power and federalism can’t be manipulated and misused. This makes the sense of the
project.
3. The states constitution should refer Indian constitution and all the things written in their
constitution should not contradict too much the supreme one.
4. If separate flag for states is allowed then there would be over usage of that flag where
there is chance of having defamation of our national flag which is a severe crime.
5. Required legislations are to be made if these come to force and those legislations should
restrict but not completely control the states and not tying up the freedom and liberty
which is given for states.

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 8. CONCLUSION

To conclude the project, all the benefits, merits and demerits of having separate
constitution and flag for states is discussed in the project so that correct inference is taken and
the knowledge and use of having them separately for states is known which is most important
thing. The status quo is also discussed so that there would be clear clarity of things if these are
made into enactments and this will help the project mostly. So in concluding the project, having
separate flag and constitution is the best thing which most of the developed countries did and this
may make states to form their own constitution which is manageable to their traditions and life
styles as of rules which are changed from state to state and having separate flag makes the state
more independent and recognizable. So these are the best things to do which are followed by
developed countries. This project is all about opinions and this research might be first of the
kind.

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 9. BIBLIOGRAPHY

BOOKS REFERED:

 The Federal Constitution Of The Swiss Confederation.

Author: Berne (2nd edition)
 The Oxford Handbook of the U.S Constitution.
Author: Edited by Mark Tushnet, Mark A. Graber and Sanford Levinson.
 V.N.Shulka’s Constitution Of India.
Author: Mahendra Pal Singh (12th edition).

E- SOURCES:

 Article 370, part XXI of Indian Constitution

http://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss(27).pdf

 Advantages of Federal type of constitution

http://www.onlineopinion.com.au/view.asp?article=1265

 Constitution of Jammu and Kashmir

http://jklegislativeassembly.nic.in/Costitution_of_J&K.pdf

 https://en.wikipedia.org/wiki/Corruption_Perceptions_Index

 https://en.wikipedia.org/wiki/Press_Freedom_Index

 http://www.firstpost.com/india/karnataka-flag-row-every-state-is-allowed-to-have-its-
own-identity-nothing-unconstitutional-about-it-3844895.html

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