Opinion Tricolour’s journey to citizens’ hands & hearts, a democracy story
The national flag’s journey, from the first version designed by Sister Nivedita (the vajra flag) to Naveen Jindal, reflects a remarkable continuity in India’s democratic imagination.
The act of flying the national flag is an act of civic responsibility. It is an example of dhvaja upasana, a resolve that national symbols and emblems must live within the people. It reminds us of constitutional duties and obligations. India’s tryst with the tricolour began on July 22 1947, when we received our national flag. The struggle for Independence from colonial rule gave a new meaning to the national flag. However, the tricolour’s journey has more than ceremonial meaning. After Independence, the national flag was seen as a revered symbol but not necessarily one that related to citizens’ civic rights. Its extraordinary transformation from a state-controlled symbol to a marker of citizens’ constitutional rights was a gradual process that was contested and democratic.
January 23 marked the 22nd anniversary of the Supreme Court’s landmark judgment in Union of India vs Naveen Jindal. The SC recognised the fundamental right of citizens to fly the national flag as part of the freedom of speech and expression. Last year marked the 30th anniversary of the Delhi High Court judgment that upheld the citizen’s right to hoist the national flag throughout the year. It was also the 20th anniversary of the amendment to the Prevention of Insults to National Honour Act, 1971, which enabled citizens to respectfully display the national flag on apparel. We, therefore, stand at the confluence of law, legislative processes, and civic engagement that led to milestones in the journey of democratisation of India’s national flag.
The idea of the national flag —from the vajra flag to the present tricolour – evolved through public debates. In 1947, the Constituent Assembly and the doyens of the freedom movement recognised that the flag was not a sectarian symbol but a marker of constitutional belonging in India. However, access to the flag was restricted. It took the tenacity of Naveen Jindal to recognise that the flag must be accessible to citizens for them to appreciate its significance to the fullest. The story of his challenge to the law that restricted the right of citizens to fly the national flag is a stellar example of citizens accessing democratic institutions to uphold fundamental rights. The Flag Code of India and other laws had sustained a culture of government control rather than civic trust and citizen engagement. This limited civic consciousness, deprived citizens of emotional ownership, and restricted their democratic participation.
On January 26, 1993, Jindal hoisted the flag at the Jindal Strips factory. However, the next day, government officials insisted it be taken down as the Flag Code allowed private citizens to display the national 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 reconcile with this restriction. He filed a writ petition in the Delhi High Court, challenging the restriction. The HC ruled that the Flag Code couldn’t restrict citizens from flying the national flag all year round. However, the Centre appealed the decision in the Supreme Court. Twenty-two years ago, the SC delivered a landmark judgment upholding the HC’s decision. It 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.
However, judicial recognition alone does not complete the democratisation process. Naveen and Shallu Jindal established the Flag Foundation of India to take the flag to every corner of the country and strengthen people’s emotional connection with it.
The act of flying the national flag is an act of civic responsibility. It is an example of dhvaja upasana, a resolve that national symbols and emblems must live within the people. It reminds us of constitutional duties and obligations. The idea of nation-building is deeply embedded in this act.
The national flag’s journey, from the first version designed by Sister Nivedita (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. Decades later, Jindal took inspiration from this foundational vision. These 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
Share
