The Flag Code of India doesn’t officially allow for this honour to be given to a former state CM. But the code has long been flexible.
New Delhi: The national flag has a code of its own, and for many, the rules are sacred. So, when the home ministry announced late Tuesday that the Tricolour would fly at half-mast in Delhi, all state capitals, and throughout Tamil Nadu as a mark of respect to the late M. Karunanidhi, not everyone accepted the honour without question.
Some personalities took to Twitter to ask whether or not the former chief minister of Tamil Nadu technically merited the honour.
Also Read: Why Karunanidhi became an Indian nationalist from being a Tamil secessionist.
What do the rules say?
According to the Flag Code of India 2002, the flag is only to be flown at half-mast throughout India in the event of the death of three dignitaries – the serving President, Prime Minister, and Vice-President of India. For union cabinet ministers, the flag will be flown at half-mast in Delhi and state capitals, while for chief ministers of states or union territories, it is restricted to the entirety of the state or union territory concerned.
Thus, half-masting flags in Karunanidhi’s honour is at the special order of the President of India (presumably on the advice of the Central government).
Flexible code
The rules encoded in the official handbook have remained flexible over the years, with a higher priority being given to the stature and contribution of the personality who has died.
For example, on 16 September, 2017, the Ministry of Home Affairs (MHA) had declared that the national flag would fly at half-mast in Delhi after the death of Marshal of the Indian Air Force, Arjan Singh. The rule book does not explicitly make an exception for military personnel.
In the case of Karunanidhi, as a seven-day period of mourning is being observed in Tamil Nadu, “the flags will be half-masted throughout the period of mourning throughout the state concerned in the case of a state dignitary”.
Certain days, by definition, cannot be reserved for mourning, as the instructions also state that the flag will not be flown at half-mast “except over the building where the body of the deceased is lying”, if the death coincides with any day of “national rejoicing” such as Republic Day, Independence Day, Gandhi Jayanti, on the foundation day of the state in question.
Also Read: Vacuum in Tamil Nadu politics could be the chance BJP was waiting for.
State funerals
Even in terms of state funerals, the right is ‘officially’ reserved for the deaths of the President, Prime Minister, former President, or a governor.
However, an RTI filed by activist Anil Galgali revealed that the late actor Sridevi was accorded a state funeral on the instruction of Maharashtra chief minister Devendra Fadnavis. According to the RTI response, the CM heads the general administration department, under whose powers the protocol authority functions.
The RTI reply also stated: “Besides Sridevi, 40 other eminent personalities were given a funeral with full state honours between 22 June 2012-26 March 2018.”
The official MHA handbook allows room for governmental discretion when it comes to deciding who gets a state funeral. The rulebook reads that: “No state funeral will be accorded in the event of the death of any other dignitary, but in individual cases, central government may order a state funeral.”
Confusion
However, this flexibility in protocol also results in a high degree of confusion in most people’s minds. So much so that in May this year, Delhi Police officers wrapped a dead peacock in the Tricolour, in order to give the national bird a respectful funeral.
Draping the flag over a dead body is an offence in all private funerals; the honour is allowed only in state or military funerals.
Also Read: Court allows Karunanidhi’s burial at Marina Beach. Here’s why DMK wanted it.