U.O I vs NAVEEN JINDAL

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, emphasizing that the Flag Code does not constitute law and cannot impose restrictions under Article 19(2). The Court ruled that the restrictions imposed by the Flag Code are not legally enforceable, and any penal provisions must derive from the Emblems and Names (Prevention of Improper Use) Act, 1950 or the Prevention of Insults to National Honour Act, 1971. The appeal by the Union of India was dismissed, affirming the High Court's decision that citizens can fly the National Flag with respect and dignity without executive restrictions.