KRISHANDHAN MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a citizen of India. He feels aggrieved by the fact that the Gazette of India is being published, on and from January 26, 1965, with the caption in Hindi "bharat Ka Rajpatra". According to the petitioner the aforesaid words mean "india's Royal Epistle". In paragraph 3 of the petition, the petitioner says "the said expression, assuming royalty, is highly insulting and derogatory to the dignity of the said Democratic Republic and destructive of the said republic and repugnant to the Constitution of India and particularly to the preamble of the said Constitution. " with the aforesaid grievance the petitioner has moved this Court and prays for an order upon the Union of India restraining it from using the said "offensive expression"-Bharat Ka Rajpatra-on the Gazette of India.

(2.) MR. Bireswar Bhattacharyya, learned Advocate for the petitioner, argued the case with very great devotion and contended that the word "raj" always carried with it the impress of royalty and was a most inappropriate expression for being used in respect of Government publications or documents in a democratic country like India and the Government must be restrained from using such undemocratic expression in its official publications or documents. He went further and contended that apart from impropriety, the use of the expression was insulting and derogatory to the dignity of the Republic of India and a Government must not be permitted to insult its own country in the manner alleged. I am unable to uphold the contentions of Mr. Bhattacharyya.

(3.) IN all monarchical countries, governmental institutions rotate round the king and state papers generally bear the royal impress upon them. King's title begins by force, which time wears off or mellows into right. Those on whom the King rules learn to respect the right and they are themselves fashioned according to the example of their king. The effect of monarchical rule even reflects upon the language. So it did in India, so long as this country had a monarchical form of Government. The word Rajan (a Sanskrit word) was primarily referable to the monarch. The capital came to be known as Rajadhani, because the king used to reign from that place. Servants of the King, whatever their status, came to be described under the generic name of Rajapurasha. The official language, generally the language of the King, used to be called the Rajabhasa. Royal representatives in foreign countries for example ambassadors, used to be called Rajaduta. Offences of treason against the King came to be called as rajadroha. As time went on the word Raj acquired a secondary meaning, namely, a word merely indicative of majesty and power. Thus, the swan, majestic in its gait, came to be known as Rajahanasa.