Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2004

Supreme Court of India · 2004-01-23

Union Of India vs Naveen Jindal & Anr

Citation / case number
AIR 2004 SUPREME COURT 1559
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
Naveen Jindal & Anr
Author
V.N. Khare
Bench
Chief Justice, Brijesh Kumar, S.B. Sinha

Judgment text excerpt

The Supreme Court ruled that the right to fly the National Flag is a fundamental right under Article 19(1)(a) of the Constitution of India, emphasizing that no law can prohibit Indian citizens from doing so. The Court held that the Flag Code, being merely executive instructions and not a law, does not impose reasonable restrictions under Article 19(2). The judgment affirmed the High Court's decision that restrictions on flying the National Flag cannot be enforced unless they are backed by statutory provisions, such as the Emblems and Names (Prevention of Improper Use) Act, 1950.

Union Of India vs Naveen Jindal & Anr · Niyam