National Flag – Expression with Pride and Honour

 The Supreme Court in U.O.I. v. Naveen Jindal 1 upheld “the right of private citizens

to fly National Flag on their private buildings, factories or offices as part of their fundamental

right of freedom of speech and expression provided under Article 19 (1) (a) of Constitution of

India. Mr. Naveen Jindal was allowed to fly National Flag in a respectful manner on his

factory/private building and it was held that he cannot be prohibited from doing so on the

basis of instructions contained in the Flag Code of India when none of the law of the land is

infringed. The flying of the flag is permitted on Independence Day as well as Republic day.

But many people get confused between Independence Day and Republic Day. Independence

Day is always celebrated on 15 th of August every year since India got independence from

British’s rule on this auspicious day. Republic Day is always celebrated on 26 th January each

year since our Constitution came into force on this day.”

Flag Hoisting and Unfurling:

There is a variation between flag hoisting and unfurling of the flag and the manner in

which the flag is hoisted on 15th August and 26th January. The 1 st variation is “that on the

occasion of 15th August, the flag is pulled up by a rope from below, and then it is opened and

hoisted. This is done to honour the historical occasion of 15 th August 1947. It is known as

Flag Hoisting. But, on the occasion of 26 January, our Republic Day, the flag remains tied at

the top, which is then opened and hoisted. It is known as Flag Unfurling. In common

parlance, however, both these methods are commonly referred to as flag hoisting.”

The 2 nd variation is “that on 15 th August, the Prime Minister, who is the head of the

Central Cabinet and the Government, hoists the flag, because the Constitution of India had

not come into force on 15 th August, 1947 when India got independence. The President of

India, the constitutional head of the nation, had not taken oath of office till then, since he was

not elected by that date. On the other hand, on the eve of Republic Day, the President of India

addresses the nation. 26 th January is celebrated to commemorate the commencement and

implementation of the Constitution of India. On this day, the President of India hoists the flag

at Rajpath, now known as Kartavyapath.”

The 3 rd variation is “that the flag hoisting is done from the ramparts of the Red Fort on

Independence Day. On Republic Day, the flag is unfurled on the Kartavyapath area followed

by a grand Republic Day parade. As we, the Indians, we are celebrating Azadi Ka Amrit

Mahotsava, and celebrating the 75th anniversary of Independence it is important to

understand this variation between Flag hoisting and unfurling.” 

Another common confusion relates to the counting of anniversary and the day of

independence. This is a problem of mathematics’ area. “In Azadi Ka Amrit Mahotsava in the

year 2022, we celebrated 75 th anniversary of independence, which amounts to 76th

Independence Day. That means that on completion of 75 th anniversary of independence,

various Prime Ministers hoisted the national flag at Red Fort 76 times.”

1 (2004) 2 SCC 476

Duration of flying of hoisted flag

According to National Flag Code of India 2002, “the national flag can be hoisted and

flown on Government and public buildings from sun rise to sunset. In the evening, the flag

lowering should be done and flag must be de-hoisted honourably and should be kept in a safe

place. The flag code 2002 was amended in 2022 on July, 20 th by an executive order and rules

for flag hoisting were relaxed. Every citizen was allowed to hoist the national flag on their

private premises, buildings, and houses day and night. But many people have not yet lowered

the flags from their houses even after 15 th August, 2022. A lot of people have not yet removed

the flag from their cars, motor-cycles, tempos, trucks and other vehicles. Most of the people

have forgotten to lower the flags. Many of the flags have been torn and/or they are not flying

properly. Thus, it is expected from all the citizens that they will lower and keep the flag

honourably now, failing which, the executive authorities including Police can take the

appropriate action for compliance of National Flag Code. The Flag Code of India came into

force on 26 th January, 2002. The current position of law is that the flag can be flown atop the

houses on August, 15 and January, 26 and even during other days but only from sunrise to the

sunset.”

Truly speaking, “the instructions contained in Flag Code of India are outside the

definition of ‘law’ within the meaning of the word ‘law’ under Article 13 (3) (a) of our

Constitution and its violation cannot be enforced unless the violation comes within the

purview Emblem and Names (Prevention of Improper Use) Act, 1950 or Prevention of Insults

to National Honour Act, 1971. These two legislations regulate the use of National Flag. We

must keep in mind our Constitutional duty to abide by the Constitution and respect its ideals

and institutions, the National Flag and the National Anthem under Article 51-A (a)

of the Constitution of India.”

Disposal, Size and colour of the Flag

If the flag is not in use or is tore, mutilated, or decoloured, it has to be destroyed by

burning. It cannot be thrown away or used for making handbags etc. According to the

resolution of our Constituent Assembly “the National flag of India shall be a horizontal

tricolour with deep saffron at the top, white in the middle and dark green at the bottom in

equal proportions. The ratio of the height of the National Flag to its length shall be two to

three. The Flag can be of any size but it shall always be rectangular in shape. In the middle of

the white band, there is a wheel in dark blue colour which represents the chakra. It has 24

spokes. The design of wheel should match with that of the wheel (Chakra) which appears on

the abacus of the Sarnath Lion Capital of Asoka.”

History and making of the Flag

“The proposed design of our National Flag was prepared by Madame Bhikaji Rustom

Cama in the year 1907 and the first version of the flag was unfurled by her on foreign land on

22 nd August, 1907 at Stuttgart in Germany in the second International Socialist Congress’s

Conference. Our flag was adopted by the Constituent Assembly on 22 nd July, 1947. Our flag

is the most solemn symbol of our country. Our Prime Minister including head of the state,

President, salutes it. A piece of cloth called the National Flag stands for whole nation, its

honour and glory. When the flag goes up the flag mast, the heart of every true citizen gets

filled with joy and pride.” Hence, Jai Hind. (Dr. N. K. Bahl is a former District and Sessions

Judge, U.P., Judicial services, presently Professor of Law at JEMTEC School of Law,

Greater Noida, (U.P.)

By: Professor Dr. N. K. Bahl