Case Comment On “Hoisting Liberty Of The Tricolour: A Jurisprudential Appraisal Of The Supreme Court’s Stand In Union Of India V. Naveen Jindal & ANR.”
- IJLLR Journal
- Jan 4
- 2 min read
Parinith L, B.B.A.LL.B., KLE Law College, Bengaluru, Karnataka, India.
INTRODUCTION
Every Country is represented by its flag, Our Tricolour represents the Nation as a whole, the Indian National flag is not merely for representation, ceremonial emblem, and static object of reverence rather The Indian National Flag is a significant symbol of India’s Justice, Equality, Liberty and Fraternity and other such values enshrined in the Constitution of India, India’s Freedom struggle, and National identity which holds good for any other country in the formulation of their flag design, but particularly our Indian flag has evolved significantly from early nationalist designs during Swadeshi movement to its formal adoption on 22nd July 1947 which depicts the collective aspirations of the people striving towards sovereignty, unity, integrity, and dignity of the nation. The colours in our National Flag, namely saffron, white, and green bands with the Ashoka Chakra in Navy Blue at the centre, depicts sacrifice, fortitude, tranquillity, veracity, and integrity, making our flag not only a static object of reverence but also a powerful medium of symbolic expression.
The Indian National Flag initially was statutorily governed by the Prevention of Insults to National Honour Act, 1971, which penalises acts such as burning, mutilating, defacing, defiling, disfiguring, destroying, trampling upon, disrespecting, or brings into contempt via words either spoken or written or by conduct to the Indian National Flag or the Constitution of India shall be penalised with imprisonment for a term which may extend to three years, or with fine or with both in regard to whoever is in any public place or in any other place within public view does the above specified acts. Further, It was regulated by the Emblems and Names (Prevention of Improper Use) Act, 1950, which prohibited the improper commercial use of it. In addition to the statutory regulation an executive regulation was attempted through Flag Code of India, 2002, which, however, has a want of statutory binding and is not a law under the purview or definition of the Constitution of India.
The query of whether hoisting Indian National Flag is a form of symbolic speech and a right along with restrictions was thoroughly discussed in Union of India v. Naveen Jindal & Anr.
