Flag Code of India

The Flag Code of India is like a rulebook instructing the people how to display the national flag properly. It has three parts. The first part talks about what the national flag looks like. The second part is about how everyone else, like people, organizations, and schools, should display the flag. The third part is for the government and its groups. This Flag Code started on 26th January 2002.

In this article, we will take a look at the Flag Code’s history, some judiciary cases based on the Flag Code, and learn about some interesting facts about the Flag Code of India

Let’s get started!

Overview of Flag Code of India

Aspect	Description
Purpose	The Flag Code of India serves as a set of guidelines and rules regarding the display and use of the national flag of India.
Enactment	The Flag Code of India was first introduced on January 26, 1950, the day India adopted its national flag. It has been amended several times since then.
Authority	The guidelines in the Flag Code are enforced by the Ministry of Home Affairs, Government of India.
Components	It specifies the dimensions, proportions, and colors of the national flag, as well as rules for its display, hoisting, and disposal.
Respect for the Flag	The Flag Code emphasizes the importance of showing respect to the national flag and outlines protocols for its proper handling, including during ceremonies and events.
Prohibitions	It outlines actions and behaviors that are prohibited with regards to the national flag, such as its use for commercial purposes or any disrespect shown towards it.
Amendments	The Flag Code has undergone amendments to accommodate changes or address specific issues over the years.
Enforcement and Penalties	Violations of the Flag Code may lead to penalties or legal actions, although enforcement may vary depending on the context and severity of the violation.

Flag Code of India – History

Before the Flag Code of India in 2002, the rules for showing the national flag were covered by two laws: The Emblems and Names (Prevention of Improper Use) Act, 1950, and the Prevention of Insults to National Honour Act, 1971. The new Flag Code in 2002 tries to bring all these rules, traditions, and instructions together for everyone to follow. According to Advocate B. M. Birajdar, the Flag Code of India 2002 allows people to display the tricolour freely, as long as it respects the honour and dignity of the flag.

The Flag Code is split into three parts:

1. Part I: Describes what the national flag looks like.
2. Part II: Talks about how regular people, organizations, and schools should display the flag.
3. Part III: Covers how the government and its groups should display the national flag.

Flag Code of India – General Description

The official description of the National Flag of India, as stated in the Flag Code of India, goes like this: “The top panel is India saffron (Kesari), the bottom panel is India green, and the middle panel is white with the navy blue Ashoka Chakra in the center having 24 spokes.” This design was adopted on July 22, 1947, during a Constituent Assembly meeting, making it the official flag of the Dominion of India. It has since remained the flag of the Republic of India.

The term “tricolour” in India typically refers to the national flag, which is based on the Swaraj flag, originally designed by Pingali Venkayya for the Indian National Congress.

Initially, the flag could only be made from khadi or hand-spun cloth. However, a 2021 amendment to the Flag Code allowed the use of polyester and other machine-made fabrics. Khadi is limited to raw materials like cotton, silk, and wool. There are two types of khadi used: khadi-bunting for the flag’s body and khadi-duck, a beige cloth securing the flag to the pole. Khadi-duck uses a unique weaving method with three threads, rare in India, and specific guidelines dictate the number of threads per square centimeter and weight.

For public events, paper flags are allowed but should be treated with respect. They should not be discarded on the ground after use but disposed of privately to maintain the dignity of the flag.

Flag Size	Width and Height (mm)	Size of Ashoka Chakra (mm)
1	6300 × 4200	1295
2	3600 × 2400	740
3	2700 × 1800	555
4	1800 × 1200	370
5	1350 × 900	280
6	900 × 600	185
7	450 × 300	90
8	225 × 150	40
9	150 × 100	25

Flag Code of India – Hoisting the National Flag is Fundamental Right

The Chief Justice of India, V. N. Khare, led a bench that stated citizens have the fundamental right, according to Article 19(1)(a) of the Constitution of India, to display the national flag on their property all year round. This right is granted, as long as the display does not disrespect the dignity of the national flag.

Flag Code of India – Punishment

According to Section 2 of the Prevention of Insults to National Honour Act, 1971, “whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag…shall be punished with imprisonment for a term which may extend to three years or with a fine, or with both“.

Flag Code of India – Interesting Facts

• It governs the display of the National Flag by Private, Public, and Government Institutions.
• It includes provisions under Emblems and Names (Prevention of Improper Use) Act 1950 and Prevention of Insult to National honour Act 1971 and other conventions and practices.
• Any person, organization, private or public, or educational institution (including scout camps) can hoist or display the Tricolour on “all days or occasions in accordance with the dignity and honour of the National Flag”.
• After an amendment on December 30, 2021, the material of the flag has been decided as “handspun and handwoven or machine-made, cotton, polyester, wool, silk or khadi bunting”.
• The Flag Code of India, 2002 was amended vide Order dated 20th July, 2022 and clause (xi) of paragraph 2.2 of Part-II of the Flag Code of India was replaced by the following clause: “where the Flag is displayed in open or displayed on the house of a member of public, it may be flown day and night.
• The National Flag shall not be displayed in an inverted manner; i.e.; the saffron band should not be the bottom band.
• A damaged or disheveled National Flag shall not be displayed.
• The National Flag shall not be dipped in salute to any person or thing.
• No other flag or bunting shall be placed higher than or above or side by side with the National Flag; nor shall any object including flowers or garlands, or emblem be placed on or above the flagmast from which the National Flag is flown.
• The National Flag shall not be allowed to touch the ground or the floor or trail in the water.
• The National Flag shall not be displayed or fastened in any manner as may damage it.
• The National Flag should not be flown from a single masthead (top part of a flagpole) simultaneously with any other flag or flags.
• The National Flag shall not be used to cover a speaker’s desk, nor shall it be draped over a speaker’s platform. The National Flag shall not be used as a portion of costume or uniform or accessory of any description which is worn below the waist of any person nor shall it be embroidered or printed on cushions, handkerchiefs, napkins, undergarments or any dress material.
• The National Flag cannot be flown on any vehicle except those of the President, Vice President, Prime Minister, Governor and other dignitaries like Chief Ministers, judges of Supreme Court and High Court, Speaker and Chiarman of Lok Sabha/Rajya Sabha respectively.
• The flag should also not be used to cover the sides, back, and top of any vehicle.
• There shall be no lettering upon the National Flag.
• The National Flag shall not be used to wrap, receive, or deliver things.
• When the National Flag is displayed in a straight line with flags of other countries, the National Flag shall be on the extreme right.
• The flags of other nations will follow in an alphabetical order as per the English versions of names of the nations.
• The Tricolour should not be stored in a way that might dirty or damage it.
• In case your flag is damaged, the Flag Code instructs you not to cast it aside or treat it disrespectfully but “destroy it as a whole in private, preferably by burning or by any method consistent with the dignity of the flag”.

Flag Code of India – Judiciary Cases

Union of India V/S Naveen Jindal (2004)

1. Supreme Court ruled that every country has its rules and regulations regulating the protection of the honour of the National Flag and the Flag Code of our Country too is a regulating guide so that the glory of the flag is maintained and no individual disrespects or dishonours it.
2. But it does not mean that the people are not permitted to fly the National Flag only out of the fear that they may disrespect it.
3. It has to be proved beyond reasonable doubt that the suspect intended to dishonour the National Symbols and the burden is laid upon the prosecution.

PV Joseph V. State of Kerala (2010)

1. Allegation: Prosecution claimed that the petitioners violated Section 2 of the Prevention of Insults to National Honour Act, 2003 by not lowering the National Flag on their cooperative society after 9:30 pm.
2. Flag Code and Explanation: The Explanation for Section 4 details instances considered disrespectful to the National Flag under the Flag Code.
3. Court’s Interpretation: The Court, citing the case of Naveen Jindal v Union of India, clarified that the Flag Code is an executive code of conduct. It must be followed but doesn’t lead to penal consequences unless a statutory offense is involved. The Flag Code is a non-binding duty on citizens.
4. Intent of the Petitioners: The Court noted that the petitioners had no intention to dishonor the National Flag.
5. Outcome: The petitions were dismissed and quashed, as there was no evidence of the petitioners intending to disrespect the National Flag.

Gaurishankar Garg & another V. The State of Madhya Pradesh (2020)

1. Allegation: The petitioners faced punishment under Section 2 of the Prevention of Insults to National Honour Act, 2003 for allegedly flying the National Flag between sunset and sunrise.
2. Court’s Finding: The Court ruled that hoisting the flag during this period might be due to forgetfulness or misconduct but does not constitute an offense unless specified in the Flag Code of India.
3. Flag Code Status: The Court clarified that the Flag Code is not a law under Article 13(1) and is merely an executive instruction by the government.
4. Legal Interpretation: The act, though possibly a result of forgetfulness or misconduct, doesn’t constitute an offense unless explicitly stated in the Flag Code, emphasizing the non-binding nature of the Flag Code unless specified as an offense.

Conclusion

The Flag Code of India are a set of rules from the government to help everyone respect the National Flag. It’s not a strict law, but it encourages people to honor the flag and avoid any actions that might show disrespect, whether on purpose or by mistake. The Flag Code gives details about how the flag should look and the right way to display it. Alongside this, the Prevention of Insult to National Honour Act, 2003 also helps by saying what actions are considered disrespectful to national symbols, including the National Flag. Both of these guidelines work together to make sure our national symbols are treated with dignity and respect according to the law and in our society.

FAQs on Flag Code of India

What is India’s Flag Code 2002?

The Flag Code of India are a set of rules from the government to help everyone respect the National Flag. It’s not a strict law, but it encourages people to honor the flag and avoid any actions that might show disrespect, whether on purpose or by mistake.

What are the three parts of Flag Code of India?

The Flag Code is split into three parts:

1. Part I: Describes what the national flag looks like.
2. Part II: Talks about how regular people, organizations, and schools should display the flag.
3. Part III: Covers how the government and its groups should display the national flag.

What is the latest flag code?

The Flag Code of India, 2002 was amended vide Order dated December 30, 2021 and National Flag made of polyester or machine made Flag have been allowed. Now, the National Flag shall be made of hand spun and hand-woven or machine-made, cotton/polyester/wool/silk khadi bunting.

Is it mandatory to buy flag?

No, nobody can be forced to buy flags.

What is the size of Tiranga flag in feet?

Standard Flying Indian National Flag, Size: 4 X 3 Feet.