Judgments

NAVEEN JINDAL VS UNION OF INDIA : CASE SUMMARY

The Supreme Court in Naveen Jindal Vs Union of India (2004) 1 SCR 1038 held that right to fly the National Flag freely with respect and dignity is a Fundamental Right of  a citizen within the meaning of Article 19 (1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feeling and sentiments of pride for the nation.

FACTS OF THE CASE

Naveen Jindal, Managing Director of a Public Limited Company,  was not allowed to fly the National Flag at the factory site at Raigarh in Madhya Pradesh by government officials on the ground that it was not permissible under Flag Code of India. This was challenged by Naveen Jindal before the High Court. High Court held that so long as a Citizen of India flies the National Flag in respectful manner,  no restriction can be imposed on the basis of instructions contained in the Flag Code.

FINDINGS OF THE SUPREME COURT

The Supreme Court observed that 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 national flag has a great amount of significance. In order that the respect and dignity of the flag be fostered and maintained, several countries have laid down rules relating to use, display, etc of the flag, along with rules to provide against the burning, mutilation and destruction of the flag.

The Supreme Court observed that Flag Code contains the executive instructions of the Central Government. Ministry of Home Affairs has been allocated this function under Government of India (Allocation of Business) Rules, 1961 under Article 77 of the Constitution of India. Such provision will not come under definition of “law” under Article 13 of the Constitution.

The Supreme Court held that flying of National Flag being symbol of expression would come within the purview of Article 19 (1) (a) of the Constitution.

The Supreme Court observed that it is necessary to notice the distinction between the Constitution of India and that of United States of America. In USA, the first amendment gives an absolute right to a citizen of religion and free expression, but under Constitution of India Article 19 (1) (a) does not confer such an absolute right of free speech and expression. It only provides for a qualified right. Such a fundamental right of a citizen of speech and expression is subject to the regulatory measures contained in clause (2) thereof. So long as the expression is confined to nationalism, patriotism and love for motherland, the use of National Flag by way of expression of those sentiments would be a fundamental right. It cannot be used for commercial purpose or otherwise.

The Supreme Court observed that Flag Code is not a stature, thereby the Fundamental Right under Article 19 (1) is not regulated by it. But the guidelines as laid down under the Flag Code deserve to be followed to the extent it provides for preservation of dignity and respect for the National Flag. The right to fly the National Flag is not an absolute right. The freedom of expression for the purpose of giving a feeling of nationalism and for that purpose all that is required to be done is that duty to respect the flag must be strictly obeyed. The pride of a person involved in flying the National Flag is the pride to be an Indian and that, thus, in all respects to it must be shown. The State may not tolerate even the slightest disrespect.

The Supreme Court did not find merit in the appeal and dismissed the same.

___________________________________________

Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Leave a Reply

Your email address will not be published. Required fields are marked *