New Delhi, January 23
Three days before the Republic Day, the Supreme Court today presented citizens of the country with the gift of the fundamental right of hoisting the National Flag at their premises any time.
Dismissing an appeal by the Union Government against the Delhi High Court order that every citizen had the right to hoist the National Flag on their houses, the apex court went a step further, holding that it was not an ordinary right but a “fundamental right” under Article 19 of the Constitution.
A three-judge Bench of Chief Justice V. N. Khare, Mr Justice S.B. Sinha and Mr Justice S.H. Kapadia, while rejecting the government appeal, held that every citizen had the fundamental right to hoist the National Flag on their houses subject to observing the provisions of the relevant laws.
The Centre had challenged the high court order on the ground that hoisting of the National Flag was not a right as it had to be regulated according to the executive directions issued from time to time to ensure that it was not insulted and was properly flown as per the rules and guidelines laid down in the National Flag Code (NFC).
The issue was brought before the high court in a public interest litigation filed by social activist Navin Jindal, whose counsel, senior advocate A.M. Singhvi, had challenged the government’s appeal, contending that hoisting the flag was not only a fundamental right of a citizen but also a matter of pride and honour for him.
Meanwhile, the Centre has amended the NFC, laying down new guidelines for the hoisting of the flag.
The old code had permitted an individual citizen to hoist the flag only on important occasions like the Independence Day and the Republic Day.
