Supreme Court of India

Union of India v. Naveen Jindal and Anr.

Neutral citation

Reported as [2004] 1 S.C.R. 1038

Bench V.N. Khare, Brijesh Kumar and S.B. Sinha JJ.

Decided 23 January 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

19 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that- (i) Right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen within the meaning of Article 19(1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feelings and sentiments of pride for the.

Judgment, page 35

From the headnote

Constitution of India, 1950: Article 19(/)(a), 19(2)-Right to fly National Flag by Indian citizens- Held: Right to fly National Flag freely with respect and dignity is a fundamental right within the meaning of Article 19(/)(a)-However, such right is not an absolute right but a qualified one-It is subject lo reasonable restrictions under Article 19(2)-Act of 1950 and Act of 1971 regulates and control the use of National flag-Emblems and Names (Prevention of Improper Use) Act, 1950-Prevenlion of Insults to National Honour Act, 1971. Article !3(3)(a)-Flag Code, whether law-Held: Flag Code

Authorities it was built on

1973 E. P. Royappa v. State of Tamil Nadu & Anr. cited by 139
1994 Gajanan Visheshwar Birjur v. Union of India and Ors. cited by 4

Where later benches applied it

2023 Supriyo @ Supriya Chakraborty & Anr v. Union of India relied on
2023 Arup Bhuyan v. State of Assam & Anr. relied on
2016 Subramanian Swamy v. Union of India, Ministry of Law & Ors. relied on
2024 The Patna Municipal Corporation & Ors. v. M/s Tribro Ad Bureau & Ors. referred to
2023 Kaushal Kishor v. State of Uttar Pradesh & Ors. referred to
2022 Hotel Priya, A Proprietorship v. State of Maharashtra & Ors. referred to
2018 Shyam Narayan Chouksey v. Union of India & Others referred to
2015 Nawal Kishore Mishra & Ors. Etc. v. High Court of Judicature at Allahabad through its Registrar General & Ors. Etc. referred to
2012 In Re: Ramlila Maidan Incident Dt.4/5.06.2011 v. Home Secretary, Union of India & Ors. referred to
2023 Anoop Baranwal v. Union of India mentioned
2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors. mentioned
2012 V.K. Naswa v. Home Secretary, U.O.I. and Ors. mentioned
2006 State of Punjab and Ors. v. M/s. Amritsar Beverages Ltd. and Ors. mentioned
2005 M/s. Zee Tele Films Ltd. and Anr. v. Union of India and Ors. mentioned
2005 Pratap Singh v. State of Jharkhand and Anr. mentioned
2004 Dr. Saurabh Choudhary and Ors. v. Union of India and Ors. mentioned
2004 Modern School v. Union of India and Ors. mentioned
2004 State of U.p and Anr. v. Johri Mal mentioned
2004 State of Kerala and Anr v. Chandramohanan mentioned

Of those, 3 relied on · 6 referred to · 10 mentioned

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