For 50+ Years, Indians Could Fly the Tricolour Only on Select Days. One Man’s Fight Changed That
At his factory in Raigarh, then part of Madhya Pradesh, Naveen Jindal began flying the Indian Tricolour from his office premises in the early 1990s. It was a simple expression of pride, one he had grown accustomed to whi
It was a simple expression of pride, one he had grown accustomed to while studying in the United States. But in September 1994, the divisional commissioner of Bilaspur noticed the flag during a visit and objected.
Under the Flag Code then in force, private citizens were generally allowed unrestricted display of the National Flag only on specified occasions. Jindal was warned that continuing to fly it could invite action.
The Flag Code, however, was not an Act passed by Parliament. It consisted of executive instructions governing when and how the National Flag could be displayed.
Jindal found the restriction difficult to accept.
Years earlier, while studying abroad and serving as president of a university student senate in the United States, he had flown the Indian flag with pride among a sea of unfamiliar symbols.
Returning home, he found it hard to accept that the same flag could not fly freely over his own soil, on his own building.
Taking on the state
He sought legal advice, including from senior advocate Shanti Bhushan.
He was advised that two parliamentary laws directly regulated the use of the National Flag. The Emblems and Names (Prevention of Improper Use) Act, 1950, restricted its commercial misuse, while the Prevention of Insults to National Honour Act, 1971, penalised acts of disrespect.
The Flag Code itself, his lawyers argued, did not have the force of legislation and could not independently take away a citizen’s constitutional freedom of expression.
Jindal then filed a writ petition before the Delhi High Court, challenging the restriction and asserting his right to fly the flag respectfully.
In September 1995, the High Court ruled in his favour. It held that the Flag Code could not impose restrictions beyond those contained in valid laws enacted by Parliament.
It seemed, briefly, that the matter was settled. But it had only just begun.
The battle reaches the Supreme Court
The Union of India appealed to the Supreme Court, arguing that letting citizens fly the flag freely was a matter of policy, not something for courts to decide.
The appeal now carried a formal title, one that would define the next decade of the fight: Union of India versus Naveen Jindal.
While the appeal remained pending, the Court asked the Union Government to examine whether the existing restrictions should be reconsidered. A committee was formed to review the Flag Code and the public’s right to display the Tricolour.
The review led to the Flag Code of India, 2002, which came into effect on 26 January 2002.
For the first time, members of the general public, private organisations and educational institutions were expressly permitted to display the National Flag on all days, provided they followed the rules protecting its honour and dignity.
The 2002 Code had therefore lifted the practical restriction before the Supreme Court delivered its final judgment.
The final word
The verdict came on 23 January 2004, nearly a decade after the official objection in Raigarh.
A bench led by then Chief Justice V N Khare held that respectfully flying the National Flag was a form of expression protected under Article 19(1)(a) of the Constitution.
The Court clarified that this was a qualified fundamental right, subject to reasonable restrictions under Article 19(2) and the two parliamentary laws regulating the flag’s use and dignity.
The judgment dismissed the Union Government’s appeal and gave constitutional recognition to a freedom that the 2002 Flag Code had already made available in practice.
A campaign that had begun with one flag at a factory had reshaped how citizens could express their allegiance to the country.
Beyond the courtroom
Jindal later founded the Flag Foundation of India and continued campaigning for wider public awareness about the respectful display of the Tricolour.
The rules evolved further over the years. In December 2021, the Flag Code was amended to permit machine-made and polyester flags alongside those made from hand-spun and handwoven materials.
In July 2022, another amendment allowed a National Flag displayed in the open or at a private residence to remain flown during both the day and night.
Jindal has also advocated for 23 January, the date of the Supreme Court judgment, to be observed as National Flag Day.
Today, the Tricolour flies over homes, shops and terraces across the country. It's raised without a second thought — in protests, rallies and elections that shape the nation's course — by citizens who carry it as a matter of course, not privilege.
That everyday freedom exists because one man, on one factory roof, decided a flag was worth fighting for, all the way to India's highest court.
Images courtesy of: Flag Foundation of India
Sources
'Union Of India vs Naveen Jindal & Anr on 23 January, 2004': Supreme Court of India judgment, Indian Kanoon,
'History of Flag Foundation': Flag Foundation of India
'Right to Fly National Flag as a Fundamental Right: Union of India v. Naveen Jindal': CaseMine
Source: The Better India
