Opinion How the tricolour became a people’s flag
The journey from Sister Nivedita, who designed the first national flag (the Vajra Flag) to Naveen Jindal reflects a remarkable continuity in India’s democratic imagination
The extraordinary transformation of the Indian national flag from a state-controlled symbol into a citizen’s constitutional right was a gradual process that was contested, yet truly democratic. (Express Photo by Vishal Srivastav) India’s tryst with the tricolour began on July 22, 1947, when we received our national flag. The struggle for India’s independence gave Indians a new symbol and meaning to the national flag. The journey of the tricolour has deep philosophical and emotional meaning to Indians. Since our independence, the national flag has been seen as a revered symbol but not necessarily a living and breathing civic right. The extraordinary transformation of the Indian national flag from a state-controlled symbol into a citizen’s constitutional right was a gradual process that was contested, yet truly democratic.
January 23, 2026, marks the 22nd anniversary of the landmark judgment of the Supreme Court of India in Union of India v. Naveen Jindal. The Court, invoking its constitutional jurisdiction, recognised the fundamental right to fly the national flag as part of the freedom of speech and expression. Last year also marked two milestones — the 30th anniversary of the judgment of the Delhi High Court in Naveen Jindal v. Union of India, delivered on September 22, 1995, which upheld the right to hoist the national flag all year around and the 20th anniversary of the parliamentary amendment to the Prevention of Insults to National Honour Act, 1971, that enabled the citizen to respectfully display the National Flag in clothing and apparels.
Hence, we need to recognise that January 23 stands at the confluence of history, law, legislative process, and civic engagement, all of which together marked the milestone in the journey of democratisation of India’s national flag.
This juncture is an opportunity to reflect on the journey of the “democratisation” of the Indian national flag.
Flag as an Identity of a Democratic People
The idea of a national Flag for India has historical origins that embody collective struggles for freedom, through shared sacrifices, with a national purpose, fuelled by patriotic values. It evolved through public debates, manifesting as national flags—from the Vajra flag to the tricolour.
In 1947, the Constituent Assembly of India and the doyens of the freedom movement recognised that the flag was not partisan, sectarian, or discriminatory, but a national symbol of constitutional belonging. However, access to the flag remained a far cry for the citizens of India. It took the tenacity of Naveen Jindal to recognise that, for the flag to become a symbol of Indian citizenry, it must become accessible to them. A flag becomes national only when citizens can freely identify with it, can freely display it, live with it, and indeed experience it.
The journey of the national flag is akin to India’s constitutional and democratic progress—from symbolic recognition of rights and freedoms to lived citizenship and empowered citizenry.
Civic Freedom to Fly the National Flag
The story of Naveen Jindal challenging the then prevailing law that restricted the right of citizens to fly the national flag is a stellar example of citizens accessing democratic institutions to uphold their fundamental rights. Even after independence, Indian citizens were discouraged and often penalised for displaying the national flag. It remained the prerogative of government officials to display the national flag on a daily basis. The Flag Code of India and the prevalent laws sustained a culture of government control. Patriotism was ceremonial and ritualistic. This control limited civic consciousness, deprived emotional ownership, and restricted democratic participation of the citizens. A democracy that guards its symbols and identities too restrictively risks distancing and alienating its citizens from them.
Constitutionalisation of the Tricolour
On January 26, 1993, Naveen Jindal hoisted the Indian flag at the Jindal Strips factory as a symbol of national pride. However, the very next day, government officials insisted it be taken down, as it violated the Flag Code, which allowed private citizens to display the flag only on specific national days. Jindal who used to proudly display the Indian flag every day as a student government president at the University of Texas, Dallas, could not come to terms with the restriction. He was convinced that this restriction violated his fundamental right to free speech and expression enshrined in Article 19(1)(a) of the Constitution. He filed a writ petition in the Delhi High Court on September 22, 1995, challenging the restriction.
In the same year, the Delhi High Court ruled that the Flag Code couldn’t legally restrict citizens from flying the national flag all year round. However, the Government of India appealed the decision of the High Court of Delhi. The appeal continued for years, with the government seeking multiple adjournments, resulting in multiple hearings, debates, and efforts by the government to uphold the old restrictions. Finally, on January 23, 2004, the Supreme Court of India delivered a landmark judgment in Union of India v. Naveen Jindal, upholding the decision of the High Court of Delhi. The Supreme Court held that the right to fly the national flag with respect and dignity is part of the fundamental right to freedom of speech and expression. Today, every Indian citizen can respectfully display the national flag not just on national holidays, but all year round.
Democratic Journey of the Flag: From Courtroom to Public Life
The legal and constitutional recognition of the right to fly the national flag resulted in something even more remarkable. It was recognised quite rightly that judicial recognition alone does not mean democratisation. It has to be taken to the people of India, to whom it belongs in the first place. Naveen Jindal and Shallu Jindal established the Flag Foundation of India with the sole mission of connecting the Indian National Flag to the people and taking the flag to every nook and corner of India. This year marks a significant achievement for the Foundation when it celebrates the installation of 200 monumental National Flags across India.
Flying the Flag as an Act of Civic Responsibility
The act of flying the National Flag is an act of civic responsibility. Respectfully flying the national flag is an example of Dhvaja Upasana, a reverential resolve that national symbols and emblems must live within the people and remain meaningful and relevant. The act of displaying the national flag reminds us of our constitutional duties and obligations, and not just national pride. The idea of nation-building is deeply embedded in the act of flying the flag.
The journey from Sister Nivedita, who designed the first national flag (the Vajra Flag), to Naveen Jindal reflects a remarkable continuity in India’s democratic imagination. In 1947, Hansa Mehta presented the national flag as a tribute to the contribution of the women of India to the Constitution-making process, recognising the tricolour as a symbol of equality, inclusion, and constitutional belonging. Decades later, Naveen Jindal, drawing inspiration from this foundational vision, fought to make the flag a living part of India’s democratic identity. Naveen Jindal’s—and numerous others’—contributions remind us that the national flag is not merely a symbolic object of the state but a shared constitutional inheritance that binds citizens through rights, responsibilities, and democratic participation.
The writer is founding vice-chancellor, O P Jindal Global University
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