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Painted by Right: The Naveen Jindal Case

A brush-painted Indian flag with ragged watercolour edges and the words 26 January, Happy Republic Day

From a factory mast to the Constitution

Every stroke shows in this one — a flag anyone could have painted, which is quietly the point. The right of anyone to raise the real thing was won in court, within living memory.

In the 1990s, objections to the tricolour flying over industrialist Naveen Jindal’s factory set off a long legal battle. It ended twice over: the liberalised Flag Code of 2002 opened daily flying to every citizen, and in 2004 the Supreme Court, in Union of India v. Naveen Jindal, held that flying the national flag with respect and dignity is expression protected by Article 19(1)(a) of the Constitution. The painted flag of this page is, in law, everyone’s to raise.

Frequently asked questions

Is flying the Indian flag a fundamental right?

Yes — the Supreme Court held in Union of India v. Naveen Jindal (2004) that flying it with respect is expression protected by Article 19(1)(a).

What sparked that case?

Objections in the 1990s to the flag flying over Naveen Jindal’s factory — his challenge led to the liberal 2002 Code and the 2004 ruling.

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