Supreme Court of India · 2004-01-23
Union Of India (Uoi) vs Naveen Jindal And Anr.
- Citation / case number
- AIR2004SC1559
- Court
- Supreme Court of India
- Petitioner
- Union Of India (Uoi)
- Respondent
- Naveen Jindal And Anr.
- Author
- V.N. Khare
- Bench
- V.N. Khare, Brijesh Kumar, S.B. Sinha
Judgment text excerpt
The Supreme Court held that the right to fly the National Flag is a fundamental right under Article 19(1)(a) of the Constitution of India, as the Flag Code does not constitute law under Article 19(2) and cannot impose reasonable restrictions. The Court affirmed the High Court's ruling that restrictions imposed by the Flag Code are not legally binding and that citizens may fly the National Flag respectfully without fear of penal consequences unless violating specific laws like the Emblems and Names (Prevention of Improper Use) Act, 1950. The Court emphasized the significance of the National Flag as a symbol of the nation.