With reference to the right to fly the National Flag, consider the following statements:
1. Right to fly the National Flag is an implied fundamental right
2. Right to fly the National Flag emanates from Article 19(1)
Which among the above statements is / are correct?
Hoisting and use (including misuse and insult) of the National Flag is regulated by the Emblems and Names (Prevention of Improper Use) Act, 1950; the Prevention of Insults to National Honour Act, 1971; and Flag Code – India. But still right to fly an Indian Flag is not a statutory right. Flag Code-India’ is neither a statute nor a statutory rule or regulation. It is, in reality, a mere consolidation of executive instructions issued by the Government of India from time to time and contains detailed instruction in regard to the shape, size and colour of the National Flag, the correct display, instances of misuse and display on National Days or special occasions. As far as fundamental rights is concerned, Delhi High Court had held that the right to fly the National Flag is a fundamental right within the meaning of Article 19(1) (a) of the Constitution and reasonable restrictions can be imposed by law. The High Court also held that the restrictions imposed by the Flag Code – India had not been authorised by any law within the meaning of clause (2) of Article 19 of the Constitution and could not, therefore, stand in view of the earlier decisions of the Supreme Court holding that no curbs could be imposed on the rights of the citizens through executive instructions. And now we discuss Fundamental duties. In the case of Union of India v. Yashwant Sharma it was held that though the Flag Code is not a statute, restrictions under the Code need to be followed to preserve the dignity of the National Flag. The right to fly the National Flag is not an absolute right but a qualified right and should be read having regard to Article 51A of the Constitution.
This question is a part of GKToday's Integrated IAS General Studies Module