UNION OF INDIA versus NAVEEN JINDAL AND ANR.

Citation: [2004] 1 S.C.R. 1038 · Decided: 23-01-2004 · Supreme Court of India · Bench: V.N. KHARE · Disposal: Dismissed
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Judgment (excerpt)

A 
UNION OF INDIA 
v. 
NA VEEN JINDAL AND ANR. 
JANUARY 23, 2004 
B 
[V.N. KHARE, CJ., BRIJESH KUMAR AND S.B. SINHA, JJ.] 
Constitution of India, 1950: 
Article 19(/)(a), 19(2)-Right to fly National Flag by Indian citizens-
C Held: Right to fly National Flag freely with respect and dignity is a fundamental 
right within the meaning of Article 19(/)(a)-However, such right is not an 
absolute right but a qualified one-It is subject lo reasonable restrictions 
under Article 19(2)-Act of 1950 and Act of 1971 regulates and control the 
use of National flag-Emblems and Names (Prevention of Improper Use) Act, 
D 1950-Prevenlion of Insults to National Honour Act, 1971. 
Article !3(3)(a)-Flag Code, whether law-Held: Flag Code contains 
executive instructions of the Central Government and as such 1101 'law' within 
the meaning of Article / 3(3)(a)-For the purpose of Article 19(2) it cannot 
restrictively regulate the fi"ee exercise of right of flying the National Flag-
E However, Flag Code provides for preserving respect and dignity of the National 
Flag and the same is to be followed-Article 19(/)(a) and 19(2)-Flag Code 
of India. 
F 
Article 19(/) and 5/A-Right to fly National flag-Consideration in 
context of fundamental duties-Held: Every right is coupled with duty-Right 
to fly National flag is subject to restrictions enumerated in Article 51 A under 
Part IV-A-However, justifiability or enforceability of Article 51 A not important. 
Interpretation of the Constitution-Held: Constitution being a living 
organ, its ongoing interpretation is permissible-Recourse can be taken to the 
Directive Principles of State Policy or fundamental duties to balance 
G fundamental/legal rights and regulatory measures/restrictions-Par/ IV and 
!VA. 
H 
Constitution of India and Constitution of United Stales of America: 
Rights under-Distinction between-Held: First amendment of the 
1038 
J, 
U.OJ. v. NA VEEN JINDAL 
.1039 
American Constitution confers absolute righl of religion and free expression A 
to a citizen whereas Article 19(/)(a) of Indian Constitution confers qualified 
right of free speech and expression-Further American Constitution approves 
right of burning the National Flag as an expression of anger but the Indian 
Constitution does not--Constitution of India, 1950-Article ·19(1). 
Respondent-Joint Managing Director of a public limited company B 
was flying National flag at his official premises. Government officials 
prevented him to do so as the same is not permissible under the Flag Code 
of India. Respondent filed writ petition on the ground that no law could 
prohibit flying of National flag by Indian citizens. It was contended that 
flying of National flag with respect and dignity being a fundamental right C 
and the Flag Code contains only executive instructions of the Government 
of India, thus not being a law, it could not impose reasonable restrictions 
within the meaning of Article 19(2) of the Constitution of India. High 
Court allowed the petition holding that so long as a citizen of India mes 
· · National flag in a respectful manner no restrictions can be imposed. Hence 
the present appeals. 
D 
Dismissing the appeals, the Court 
HELD: I. I. Right to fly the National Flag freely with respect and 
dignity is a fundamental right of a citizen within the meaning of Article 
19(l)(a) of the Constitution of India being an expression and manifestation E 
of his allegiance and feelings and sentiments of pride for the nation. The 
fundamental right to fly National Flag is not an absolute right but a 
qualified one being subject to reasonable restrictions under Article 19(2) 
of the Constitution. The right is not unfettered, unsubscribed, unrestricted 
and unchannelled one. The Emblems and Names (Prevention of Improper F 
Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 
regulates and control the use of the National Flag. 11072-F, G] 
A. Satya Phaneendra v. S.H.O. Kodad (PS) Nalgonda and Ors .. (2001) 
2 ALT 141, referred to. 
1.2. National Flag indisputably stands for the whole nation, its 
honour and glory, its ideals, aspirations, its hopes and achievements. 
G 
;. 
National Flags are intended to project the identity of the country they 
represent and foster national spirit. Their distinctive designs and colours 
embody each nation's particular character and proclaim the country's 
separate existence. Thus, it is veritably common to all nations that a H 
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1040 
SUPREME COURT REPORTS 
[2004]
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