V K NASWA vs HOME SECRETARY, UOI .

The Supreme Court held that the Flag Code of India, 2002, does not impose restrictions on the display of the National Flag by the public except as provided under the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Prevention of Insults to National Honour Act, 1971. The Court reaffirmed that while the right to fly the National Flag is a fundamental right, the Flag Code itself is not law under Article 13(3)(a) of the Constitution. The petition was dismissed as the petitioner was already pursuing a remedy through criminal complaints, and the Court cannot direct legislative action or interfere with the Executive's law-making powers under Article 309.