Naveen Jindal’s, Chairman of Jindal Steel & Power, battle for the flag remains a landmark case in Indian history, not only for its legal outcome but also for its profound impact on national identity and the way Indians connect with their flag.
Words Rusen Kumar
Synopsis of the Story
- In the landmark case of Union of India vs. Naveen Jindal & Anr., spanning from 1995 to its conclusion on January 23, 2004, the core argument centered on the constitutional interpretation of the right to fly the National Flag.
- Naveen Jindal’s struggle, based on freedom of speech under Article 19(1)(a) of the Constitution, sparked a nuanced debate on national symbols and individual liberties.
“It will be necessary for us Indians – Hindus, Muslims, Christians, Jews, Parsis and all others to whom India is their home – to recognise a common flag to live and die for.”- Mahatma Gandhi
On January 23, 2004, the Supreme Court of India delivered a historic judgment in the case of Union of India vs. Naveen Jindal & Anr. This ruling revolutionized the interpretation of the Indian Constitution, particularly concerning the right to fly the National Flag. The decade-long case (1995-2004), rooted in a dispute over the right to display the flag, raised fundamental questions about freedom of expression and national identity.
Background of the Case
The case originated in 1995, marking the beginning of a pivotal legal journey in Indian constitutional law. Naveen Jindal, (born on March 9, 1970, making him 53 years old as of January 2024), an industrialist, who got his MBA from the University of Texas at Dallas (UTD) in 1992, faced a prohibition against flying the National Flag at his factory in Raigarh, Chhattisgarh (Then Madhya Pradesh).
Considering the flag as a symbol of national pride, Naveen Jindal, perceived this prohibition as an infringement on his freedom of expression, a fundamental right enshrined in the Indian Constitution under Article 19(1)(a).
Legal Proceedings and Arguments
Fundamental Argument
The legal journey of this case was intricate, involving multiple layers of legal scrutiny. Jindal, initially prohibited from flying the National Flag at his factory, viewed this as a curtailment of his constitutional rights. His petition highlighted a crucial argument: “The National Flag is a symbol of the Nation’s pride and identity. Not allowing an individual to fly the flag is tantamount to denying the expression of national pride.”
1. The Birth of a National Symbol
The Adoption of India’s National Flag
On July 22, 1947, a monumental event took place in the Constituent Assembly of independent India, marking the adoption of the national flag. Prime Minister Jawaharlal Nehru, presenting the motion, expressed his aspiration for the flag to be a symbol of freedom, echoing across wherever it was hoisted.
Prominent figures like Sarojini Naidu and freedom fighter Muniswami Pillai reinforced this sentiment.
Naidu envisioned the flag as a representation of collective duty, shared responsibility, and spirit of sacrifice, transcending distinctions of class and wealth.
Echoing his sentiments, other prominent figures voiced their beliefs. Sarojini Naidu, a distinguished leader, articulated a powerful vision: “Beneath this flag, there are no distinctions of prince or peasant, of wealth or poverty. It stands for collective duty, shared responsibility, and the spirit of sacrifice.“
Adding to this narrative, freedom fighter Muniswami Pillai emphasized the flag’s inclusivity, stating it represented not the affluent or powerful, but the marginalized, oppressed, and downtrodden sections of society. These ideals encapsulated the essence of a new, independent India, united under a single emblem.
Symbolism and Ideals of the Tricolour
Initially a beacon of hope and unity, the Indian flag, over the years, diverged from its foundational ideals. It became a symbol largely accessible to the elite, with its usage predominantly restricted to government entities and public sector institutions.
For the general populace, the honor of flying the flag was confined to national occasions like Independence Day, Republic Day, and Mahatma Gandhi’s birth anniversary.
This shift starkly contrasted with the flag’s original symbolism of universal equality and collective identity. The Tricolour, which was meant to be a unifying emblem, reflecting the nation’s aspirations and values, had gradually become an exclusive privilege, distancing itself from the ideals it was meant to embody.
2. The Struggle for Flag Rights
Early Restrictions on Flag Usage
In the early years following India’s independence, the privilege of flying the national flag, the Tricolour, was limited. This right was predominantly reserved for VVIPs, government entities, and public sector institutions. The general populace was only allowed the honor of displaying the flag during select national occasions, specifically Independence Day, Republic Day, and Mahatma Gandhi’s birth anniversary.
This exclusivity sharply contrasted with the flag’s intended symbolism of universal equality and collective identity. In a nation born from the sacrifices of millions for independence, a conspicuous silence prevailed over the years regarding the right to fly the national flag, a situation that remained unchallenged until a significant turn of events.
Naveen Jindal: The Spark of Change
Naveen Jindal, a 24-year-old businessman, emerged as the pivotal figure challenging the status quo of flag rights in India in the year 1994.
His journey began with a realization of the Flag Code of India, which regulated that the national flag should be flown only at the official residences of key dignitaries. Naveen Jindal recognized that the Flag Code was an executive instruction, not a legislative act passed by Parliament.
He firmly believed that the right to fly the national flag should be a fundamental right accessible to all citizens, not confined to a select few.
Naveen Jindal, inspired by his father O P Jindal’s belief, held firm to the principle that divine support and no harm comes to those who advocate for justice and righteousness.
(On January 25, 2024, during the flag hoisting ceremony at Raigarh Stadium, he vividly recalled his father’s teachings about the power of righteousness and divine support in the pursuit of justice.) (Author witnessed the event)
Legal Battles for Flag Rights
Naveen Jindal’s quest for flag rights encountered significant government resistance. The government’s response to his initial overtures highlighted a stark contrast in perceptions: while Jindal saw the flag as a symbol of national pride, the government viewed it as a symbol of official status, exclusively reserved for high dignitaries.
This response did not deter Jindal; rather, it strengthened his resolve. He was troubled by the government’s stance, which he perceived as transforming the national flag into a symbol exclusive to government authority, rather than a unifying emblem of the nation. This marked the beginning of a series of legal battles, as Jindal stood firm in his conviction to fight for the just cause of flag rights for every Indian citizen.
3. Cultural Influences and Patriotic Awakening
Influence of American Flag Culture
Naveen Jindal’s perception of flag culture underwent a significant transformation during his time in the United States. He was struck by the ubiquitous presence of the American flag, symbolizing a deep-rooted sense of national pride among the citizens. The flag was not just a symbol; it was an integral part of everyday life, even influencing fashion and accessories.
This uninhibited expression of patriotism through the national flag in the U.S. was in stark contrast to the regulated and restricted display of the Tricolour in India. The American approach to celebrating the national symbol profoundly influenced Jindal, planting the seed for his vision to challenge the norms in India and promote the unifying power of the nation’s flag.
Jindal’s Patriotic Awakening in the United States
1990
Naveen Jindal’s journey toward becoming a champion of the Indian national flag’s rights was ignited by his experiences in the United States.
In 1990, while pursuing his master’s degree at the University of Texas at Dallas, Jindal was exposed to a striking display of national pride that contrasted sharply with the situation in India.
This exposure to a culture where the national flag was a common and revered symbol inspired Jindal and played a pivotal role in shaping his perspective on the importance of the flag as an accessible emblem of national pride for every Indian citizen.
The Contrast with Indian Norms
Jindal’s experiences in the United States highlighted a significant cultural contrast in the perception and treatment of the national flag. In the U.S., the flag was a unifying force, proudly displayed by all citizens irrespective of their status or position.
This starkly contrasted with the situation in India, where the national flag was more a symbol of government authority than a unifying emblem of the nation. Jindal’s awakening to this disparity laid the foundation for his future endeavors in advocating for the rights of every Indian to proudly display their national flag, challenging the norms that had long restricted its use to a select few.
4. The Crusade Begins
The Raigarh Factory Incident
1994
In September 1994, a significant incident at Naveen Jindal’s Jindal Strips Limited (Now Jindal Steel Power) Raigarh in Madhya Pradhesh (Now in Chhattisgarh) factory marked the onset of his nationwide movement for the Indian flag.
S K Dubey, the commissioner of Bilaspur, was staying at the Jindal Group’s guest house within the Raigarh factory premises when he noticed the Indian flag flying high. Discovering that the flag had been displayed daily for over a year, Dubey, to Jindal’s dismay, instructed its removal.
Escalating Legal Challenges
Naveen Jindal’s persistent display of the flag led to escalating legal challenges. Despite the initial confrontation, Naveen continued to hoist the flag at his factory, a gesture of national pride.
However, the Raigarh collector reported this ongoing act to the home ministry, resulting in a contempt of court case filed against Jindal by the Government of India.
Symbolic Representation and Leadership
Raigarh, Chhattisgarh
The Raigarh factory incident and the subsequent legal challenges became more than just a personal endeavor for Jindal; they represented a broader struggle for the right of every Indian to display the national flag.
5. Legal Journey and Public Advocacy: Delhi High Court
Understanding the Legal Framework
February 1995
Naveen Jindal’s journey began with a thorough understanding of the legal framework surrounding the national flag. His research into the Constitution and relevant laws formed the bedrock of his legal strategy.
In February 1995, Jindal filed a writ petition in the Delhi High Court, a profound step that marked the beginning of a prolonged legal struggle spanning six years. His plea sought the right for all Indians and institutions to fly the national flag respectfully, reflecting his belief in the unifying power of the Tricolour.
Shanti Bhushan, learned counsel for Naveen Jindal, submitted that the Flag Code was not a law and the fundamental right of a citizen could not be subjected to any restriction by administrative instructions.
In his argument, Shanti Bhushan cited a Supreme Court ruling in the case of Bijoe Emmanuel and others v. State of Kerala and others. In this decision, the Court clarified that “executive” instructions do not constitute legal grounds for imposing restrictions on fundamental rights. Therefore, he argued that the Flag Code, not being a statutory law, could not legally restrict the rights of the petitioner as guaranteed under Article 19(1)(a) of the Constitution. Shanti Bhushan highlighted the irony in the situation, pointing out the absurdity that a citizen in India is allowed to fly the flags of other nations but is restricted from flying their own national flag due to the limitations set by the Flag Code.
Building the Legal Case
September 1995
Jindal’s case gained momentum on 22 September 1995, when the Delhi High Court (D.P. Wadhwa, J. Bench) granted him the right to fly the national flag at his premises, marking a significant milestone in his legal battle. This victory, however, was short-lived.
January 1996
In January 1996, the Government of India contested this decision by filing a special leave petition to the Supreme Court. Despite the setback, this period was crucial in shaping Jindal’s legal journey, reinforcing his resolve and belief in the flag’s symbolic significance.
5.3 Public Advocacy and Government Response
October 1996
Jindal’s legal battle was complemented by his public advocacy efforts. In October, he wrote a letter to the commissioner of Bilaspur and the Ministry of Home Affairs, articulating his patriotic motives for flying the flag and emphasizing the legality of his actions. This move was a clear assertion of his unwavering commitment to his cause and a crucial step in rallying public support and drawing government attention to the issue. Jindal’s proactive steps and public advocacy played a pivotal role in advancing the cause for national flag rights in India.
6. Towards a Legal Victory
Challenges and Setbacks
Naveen Jindal’s legal journey was marked by several challenges and setbacks. A significant moment of uncertainty occurred on February 7, when the Supreme Court issued a stay order on the High Court’s judgment, which had initially granted Jindal the right to fly the national flag at his premises. This stay order brought a moment of dismay for Jindal.
However, his lawyer, Shanti Bhushan, clarified that Naveen Jindal could legally continue to fly the flag as the stay order did not equate to a directive to remove it. This guidance provided a legal loophole for Jindal to continue his symbolic protest and fight for the collective right of every Indian to display the national flag.
High Court’s Favorable Judgment
On 22 September 1995, Naveen Jindal achieved an initial victory when the Delhi High Court granted him the right to fly the national flag at his premises.
The court’s judgment invoked the words of former President of India R Venkataraman, emphasizing the flag’s symbolic significance as a reminder of the sacrifices made for India’s freedom and its role in inspiring unity and integrity.
In his foreword to this very book, R. Venkataraman referred to the struggle for independence and said as under:
“Our flag, therefore, is both a benediction and a beckoning. It contains the blessings of all those great souls who brought us to freedom. But it also beckons us to fulfill their vision of a just and united India. As we confront crucial challenges to our security, our unity and integrity, we cannot but heed to the call of this flag to rededicate ourselves to the establishment of that peaceful and just order wherein all Indians irrespective of creed, caste or sex will fulfill themselves.”
However, this victory was short-lived, as in January 1996, the Government of India contested the High Court’s judgment by filing a special leave petition to the Supreme Court.
“Petitioner wishes to fly the National Flag in a respectful manner and he cannot be prohibited from doing that on the basis of instructions contained in the Flag Code – India when no law of the land is infringed.”- Delhi High Court said.
7. Supreme Court’s Interpretation of Freedom of Expression
As the case progressed through the judicial system, the Supreme Court of India was tasked with interpreting the essence of Article 19(1)(a), balancing the right to freedom of expression with the sanctity of national symbols. The Court, in its judgment, made profound observations about the nature of these freedoms.
Final Words – Supreme Court of India
The Supreme Court’s decision involved a detailed examination of the Flag Code of India, the role of the National Flag as a symbol of the nation, and how these relate to the citizens’ freedom of expression. The Court considered historical perspectives, the Flag’s symbolic significance, and comparative international practices regarding National Flags.
Right to Fly National Flag as a Fundamental Right
(i) Right to fly the National Flag freely with respect and dignity is a fundamental right of a citizen within the meaning of Article 19(1) (a) of the Constitution of India being an expression and manifestation of his allegiance and feelings and sentiments of pride for the nation;
Qualified Nature of the Right
(ii) The fundamental right to fly National Flag is not an absolute right but a qualified one being subject to reasonable restrictions under clause 2 of Article 19 of the Constitution of India;
Regulation by Specific Acts
(iii) The Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 regulate the use of the National Flag;
Status of Flag Code
(iv) Flag Code although is not a law within the meaning of Article 13(3)(a) of the Constitution of India for the purpose of clause (2) of Article 19 thereof, it would not restrictively regulate the free exercise of the right of flying the national flag. However, the Flag Code to the extent it provides for preserving respect and dignity of the National Flag, the same deserves to be followed;
Interpretation and Balance of Rights
(v) For the purpose of interpretation of the constitutional scheme and for the purpose of maintaining a balance between the fundamental/legal rights of a citizen vis-à-vis, the regulatory measures/restrictions, both Parts IV and IVA of the Constitution of India can be taken recourse to.
(Source: Supreme Court of India)
Battle for the Flag: A Timeline
March 1992: While studying in the US, Naveen Jindal is inspired by the American national flag tradition and returns to India with a desire to see the same patriotic display.
January 26, 1993: Jindal hoists the Indian flag at his factory on Republic Day.
January 27, 1993: Factory authorities remove the flag, citing government regulations limiting display only on national holidays.
1993-1995: Jindal grapples with the restrictions, feeling it contradicts the spirit of national pride. He begins researching the legal aspects of flag display.
February 2, 1995: Jindal files a writ petition in the Delhi High Court, challenging the limitations on flag display and arguing for the right of every citizen to fly the flag with dignity.
1995-2001: The legal battle progresses through various court hearings, with Jindal facing arguments against commercial use of the flag and potential misuse. He rallies public support and gains endorsements from prominent legal figures.
January 15, 2002: The Supreme Court of India upholds Jindal’s petition, declaring that hoisting the national flag is a fundamental right of every Indian citizen and can be done throughout the year.
2002: Jindal established the Flag Foundation of India, a non-profit organization dedicated to promoting national pride and responsible flag etiquette.
January 23, 2004: The Supreme Court dismisses the Union of India’s appeal against the Delhi High Court’s decision, upholding Jindal’s right to fly the flag and solidifying the right of every citizen to do so.
2004: As a Member of Parliament, Jindal successfully amends the Prevention of Insults to National Honour Act, allowing citizens to wear the flag above the waist.
August 9, 2010: Bilaspur High Court said that no citizen can be punished on the basis that he/she did not lower the national flag during dusk and has not insulted the dignity and honor of the national flag.
2010 onwards: The Flag Foundation installs monumental flags across India, serving as beacons of national unity and inspiring patriotism. Jindal’s battle for the flag remains a landmark case in Indian history, not only for its legal outcome but also for its profound impact on national identity and the way Indians connect with their flag.
Significance of Naveen Jindal’s Work
Naveen Jindal’s role in a landmark case exemplified his commitment to India’s democratic principles and fundamental rights.
- Naveen Jindal, a key figure in the landmark case of Union of India vs. Naveen Jindal & Anr., held an influential position as the Joint Managing Director of Jindal Strips Limited. Jindal Strips Limited is presently known as Jindal Steel & Power Limited. Naveen Jindal is Chairman at present (January 2024).
- His journey from an industrialist to a central figure in a significant constitutional law case in India is noteworthy.
- His challenge was not just about the right to hoist a flag but symbolized a deeper struggle for upholding the fundamental rights guaranteed under the Indian Constitution.
- His role in this case went beyond his corporate identity; it reflected his commitment to the values enshrined in the Indian Constitution.
- The outcome of this case not only established a precedent in the interpretation of constitutional freedoms in India but also enhanced the understanding of the symbolic importance of national symbols in the context of individual rights.
The Flag Foundation of India
Much before the landmark Supreme Court judgment on the National Flag in 2024, The Flag Foundation of India, established as a registered society in January 2002, owed its existence to the tireless efforts of Naveen Jindal. The Flag Foundation of India continues to promote and uphold the significance of the Indian Flag, fostering a deeper connection between the nation and its people.
Every Day Tiranga (Har Din Tiranga) Initiative
72 Feet High National Flag at Raigarh
Naveen Jindal has initiated the ‘Every Day Tiranga’ mission. The initiative aims to encourage people to display the national flag, the Tiranga. As part of this endeavor on January 25, 2024, Naveen Jindal inaugurated a monumental 72 Feet High National Flag at Raigarh Stadium in Chhattisgarh state, where the company has its integrated steel plant.
20th Anniversary of Tiranga Freedom
The 20th Anniversary on January 23, 2024, marks a momentous occasion in the history of India’s national identity. It commemorates the two-decade journey since the Supreme Court’s historic verdict that reaffirmed the freedom of every Indian to proudly display the Tiranga.
700 high-altitude Tiranga in India, Heigst in the World
In a momentous ceremony that took place on January 25, 2004, Naveen Jindal, made a historic announcement in Raigarh, Chhattisgarh that resonated with national pride. He proudly declared that India had achieved an extraordinary feat – the installation of approximately 700 high-altitude Indian flags throughout the country.
A Visionary Leader in Nation-Building
His contributions to industry, education, and the nation’s symbols have left an indelible mark, inspiring future generations to strive for greatness and make a positive impact on society and the world at large.
In the realm of Indian industry and philanthropy, Naveen Jindal stands as a towering figure. As the Chairman of Jindal Steel & Power (JSP), one of India’s foremost industrial conglomerates, Jindal has made an indelible mark on the steel, mining, and infrastructure sectors.
His vision for JSP revolves around the core principle of nation-building, driving each of the company’s businesses toward the ambitious goal of making India self-reliant and a global economic powerhouse. Under his tenacious and visionary leadership, JSP has expanded its presence not only across India but also into Africa and Australia, solidifying its position as a global player in the industry.
A Legacy of Achievements
Over the years, Naveen Jindal has been honored with numerous accolades and awards for his outstanding contributions to industry, politics, sports, and education.
In March 2023, the University of Texas at Dallas conferred upon him the Lifetime Achievement Award, recognizing his exceptional achievements. In 2016, the World Steel Association declared him the Industry Communicator of the year, and Fortune magazine featured him as one of Asia’s 25 Hottest People in Business for his remarkable feat of turning a struggling steel company into an Asian blue-chip giant.
One of the most significant milestones for Jindal was when JSP, under his leadership, was recognized as the highest wealth creator globally between the years 2005-2009 by the Boston Consulting Group. In 2011, The Economic Times-Corporate Dossier listed him as one of India’s Most Powerful CEOs. Ernst & Young also acknowledged his accomplishments by conferring upon him the Entrepreneur of the Year Award in the field of Energy and Infrastructure in 2010.
A Commitment to National Symbols
Furthermore, Jindal has served twice as a Member of the Indian Parliament (MP) for a decade, making significant contributions in the legislative arena. His dedication to both the industrial and national causes showcases his multifaceted leadership.
Shaping Future Leaders
Not content with his numerous accomplishments, Naveen Jindal is also the founding Chancellor of O P Jindal Global University, which has achieved the remarkable distinction of being ranked the number one private university in India according to the QS World University Rankings 2023. His commitment to education and excellence is further underscored by the fact that the School of Management at the University of Texas, Dallas, is named the Naveen Jindal School of Management in recognition of his exceptional entrepreneurship skills and public service. This recognition has led to the establishment of the Naveen Jindal Institute for Indo-American Business Studies.
A Passion for Sports and Family
Naveen Jindal’s interests extend beyond business and philanthropy. He is an avid sportsperson, an active Polo Player, and a National record holder in skeet shooting, showcasing his passion for sports and his pursuit of excellence in various domains.
In his personal life, Naveen Jindal is married to the accomplished Indian classical dancer and chairperson of JSP Foundation, Shallu Jindal. The couple is blessed with two children, Venkatesh and Yashasvini, both of whom are Yale Graduates. Venkatesh furthered his education by obtaining an MBA from Harvard University, continuing the family’s tradition of excellence in education and leadership.
About the Author
Rusen Kumar is a renowned entrepreneur, author, and CSR thought leader in India. He is the managing editor at India CSR.
Copyright@India CSR
