2004 (1) TMI 685 - SC - Indian Laws

Whether the right to fly the National Flag by Indian citizen is a fundamental right within the meaning of Article 19(1)(a) of the Constitution of India?

Summary

Issues Involved:

1. Whether the right to fly the National Flag by an Indian citizen is a fundamental right under Article 19(1)(a) of the Constitution of India.
2. Whether the Flag Code of India constitutes "law" under Article 13 of the Constitution.
3. Whether the restrictions imposed by the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 are constitutionally valid.
4. Interpretation of the constitutional scheme regarding the right to fly the National Flag vis-`a-vis regulatory measures and restrictions.

Issue-Wise Detailed Analysis:

1. Fundamental Right to Fly the National Flag:
The Supreme Court examined whether the right to fly the National Flag is a fundamental right under Article 19(1)(a) of the Constitution of India, which guarantees the freedom of speech and expression. The court held that flying the National Flag is a form of expression and thus falls under Article 19(1)(a). However, this right is not absolute and is subject to reasonable restrictions under Article 19(2).

2. Flag Code of India as "Law":
The court analyzed whether the Flag Code of India, which contains executive instructions, qualifies as "law" under Article 13 of the Constitution. It was concluded that the Flag Code does not constitute "law" within the meaning of Article 13(3)(a) of the Constitution. Therefore, it cannot impose restrictions on the fundamental rights guaranteed under Article 19(1)(a).

3. Validity of Restrictions Imposed by Acts:
The court examined the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Prevention of Insults to National Honour Act, 1971, which regulate the use of the National Flag. It was held that these Acts impose reasonable restrictions in the interest of maintaining the dignity and respect of the National Flag. These restrictions are constitutionally valid as they fall within the ambit of Article 19(2).

4. Interpretation of Constitutional Scheme:
The court emphasized the importance of balancing the fundamental rights of citizens with regulatory measures and restrictions. It referred to Parts IV (Directive Principles of State Policy) and IVA (Fundamental Duties) of the Constitution to interpret the constitutional scheme. The court held that the right to fly the National Flag is subject to the duty to respect the flag as mandated by Article 51A of the Constitution.

Conclusion:
The Supreme Court concluded that the right to fly the National Flag freely with respect and dignity is a fundamental right under Article 19(1)(a) of the Constitution. However, this right is subject to reasonable restrictions imposed by the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Prevention of Insults to National Honour Act, 1971. The Flag Code, while not a "law" under Article 13, provides guidelines for preserving the respect and dignity of the National Flag and should be followed. The court dismissed the appeal, affirming the High Court's decision, and emphasized the need for a suitable enactment by the Parliament to regulate the use of the National Flag.