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Hoisting National Tricolour a fundamental right: SC
Friday, January 23 2004 20:40 Hrs (IST)

New Delhi: Fifty-seven years after India's independence, the Supreme Court today (Jan 23, 2004) declared that citizens have a fundamental right to hoist the National Flag with respect and dignity on their premises, throughout the year.

Three days before the 55th Republic Day, the apex court ruled that hoisting of the Tricolour by the citizens is a fundamental right under Article 19 (1) (a) of the Constitution.

Giving a wider interpretation to Article 19 (1) (a) of the Constitution relating to Freedom of Speech and Expression, the apex court said, "The right to fly the national flag with respect and dignity is a fundamental right, as it is a manifestation of feelings and sentiments of people towards their country."

The ruling came from a Bench headed by Chief Justice V N Khare while dismissing an appeal preferred by the Centre against a Delhi High Court judgment on the issue.

On a petition filed by Navin Jindal, high court had held that citizens have a right to hoist the National Tricolour on their premises.

During the pendency of the appeal before the apex court, the Centre had laid down guidelines for hoisting of National Flag by citizens of the country.

PTI








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