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.