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The Fight to Free Tiranga
Naveen's passion for the National flag, the
tiranga, began during his student days at the University of
Texas at Dallas, USA, where as President of the Student's
Senate, he used to proudly display the Indian National Flag.
After coming back to India in 1992, Naveen continued to display
his pride and honour in being a citizen of India by flying the
Indian National Flag in a respectful manner at his factory
premises in Raigarh in Chhattisgarh (erstwhile Madhya Pradesh).
The then Commissioner of Bilaspur objected to it on the ground
that as per the Flag Code of India, a private citizen was not
permitted to fly the Indian flag except on certain days.
Naveen sought legal advice from eminent
lawyers including Mr Shanti Bhushan. The advice he received was
that there existed two clear laws on the subject. Firstly, the
flag could not be insulted or disrespected and secondly, it
could not be used for commercial purposes. But there is no law
which can prohibits respectful flying of the National Flag by
the citizens.
Naveen filed a Writ Petition under Article 226 of the
Constitution of India before the Delhi High Court, against the
action of the Government officials preventing him from flying
the National Flag. The petition was filed on the grounds that
there was no law prohibiting the flying of the National Flag by
private individuals, the restrain being put only by the Flag
Code. This Flag Code contained executive instructions of the
Government of India and was not issued under any law. The
prohibition imposed by virtue of the Flag Code is an
infringement of the fundamental right guaranteed under Article
19(1)(a) of the Constitution that gives all citizens, the right
to freedom of speech and expression.
The view of Union of India to this was that
the Central Government is authorized to impose restrictions on
the use of National Flag at any public place or building and can
regulate the same by the authority vested in it under Section 3
of the Emblem and Names (Prevention of Improper Use) Act, 1950.
The Union of India also viewed that the restriction imposed by
the Act and orders issued by the Government are constitutionally
valid being reasonable restrictions on the Freedom of Speech and
Expression under Article 19(2) of the Constitution.
The Division Bench of the Delhi High Court on 22nd September,
1995 allowed the writ petition filed by Naveen Jindal holding
that "Any restriction contained in the Flag Code - India
relating to the flying of national flag by the citizens cannot
be enforced except when contravention of those restriction come
within the purview of any law in force." A mandamus was
issued to the Respondents (Union of India & others)
restraining them from interfering with the right of the
Petitioner to fly the national flag on his premises.”
The view of Union of India to this was that
the Central Government is authorized to impose restrictions on
the use of National Flag at any public place or building and can
regulate the same by the authority vested in it under Section 3
of the Emblem and Names (Prevention of Improper Use) Act, 1950.
The Union of India also viewed that the restriction imposed by
the Act and orders issued by the Government are constitutionally
valid being reasonable restrictions on the Freedom of Speech and
Expression under Article 19(2) of the Constitution.
The Division Bench of the Delhi High Court on 22nd September,
1995 allowed the writ petition filed by Naveen Jindal holding
that "Any restriction contained in the Flag Code - India
relating to the flying of national flag by the citizens cannot
be enforced except when contravention of those restriction come
within the purview of any law in force." A mandamus was
issued to the Respondents (Union of India & others)
restraining them from interfering with the right of the
Petitioner to fly the national flag on his premises.”
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Tiranga
