Rules for Indian flag code every citizen have right to raise it

Thu, 29 May 2008 05:43:08 GMT

"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
July 22, 1947. As he moved the motion on the adoption of the national flag in independent India's Constituent Assembly, Prime Minister Jawaharlal Nehru hoped the flag would carry a message of freedom wherever it flew.
Other voices joined him. Sarojini Naidu said: "Under this flag, there is no prince and there is no peasant, no rich and no poor. There is only duty, responsibility and sacrifice."
Freedom fighter Muniswami Pillai added that the flag did not belong to the rich or the wealthy, but to the depressed, oppressed and submerged classes.
Inspiring words.
Unfortunately, as time passed, the use of the Indian flag became limited to a privileged few. Only VVIPs, government offices and public sector undertakings were allowed the honour of displaying the flag on their premises. The rest of India could fly the Tricolour only on Independence Day, Republic Day and Mahatma Gandhi's birthday.
Yet, in a country where millions dedicated their life to the freedom struggle, no one protested. Until recently, when a spirited 31-year-old businessman called Naveen Jindal secured, through a legal battle, the temporary right to fly the national flag every day. The Supreme Court is expected to deliver final judgment on the matter in July.
Meanwhile, an ecstatic Jindal displays the flag outside his office in the posh R K Puram area in New Delhi. He even has two small flags adorning his desk. "Indians have never been allowed to fly their flag," he says. "First it was monarchs who flew it. Then, it was the Mughals, who were followed by the British. After we became independent, the use of the national flag became a symbol of power that was limited to a few government officials. Do you realise that if Mahatma Gandhi were alive today and not a minister, even he would not have been able to fly the flag?"
Jindal's fascination with the Tricolour began during his visit to the United States in 1990, where he studied for a master's degree in business management at the University of Texas at Dallas. One of the first things he noticed was the ubiquitous fluttering of the American flag all over the country. The Americans even patterned the flag on their clothes.
Then, on a casual visit to a Texas-based Punjabi businessman, he noticed a framed Tricolour in a position of pride in his host's living room. Jindal could not recall seeing the flag displayed with such reverence in any home in India. Yet, he was suddenly homesick.
The moment passed.
Soon, his popularity saw him elected president of his university students' government. One of the perks of that position was his own office room, where he wanted to display the Indian flag. The university had no objection. Neither did his American friends. In fact, within hours of him expressing this desire, an American student gifted him a huge nylon Tricolour.
"It was the first time I had held my country's flag," Jindal recalls. "It felt great." The flag soon became a point of conversation as visitors began asking him about it, about the Indian people and India.
Jindal returned home in 1992 to take over as joint managing director of Jindal Strips Limited. He was soon busy heading the Raigarh and Raipur plants.
Then came the turning point.
On January 26, 1993, he hoisted the flag at his Raigarh factory. The next day, it was no longer there. When questioned, the factory manager explained that the flag could not be displayed daily. Jindal was shocked and furious; he ordered the manager to hoist it back.
"The flag looked so good," Jindal remembers. "It was a symbolic way of showing our love for our country. Psychologically too, it was great. The workers felt they were working for their country, not for a company. The one common thing that bound us together in our office was the flag."
Raigarh's collector, superintendent of police and other senior government officials would occasionally hint that Jindal was not allowed to display the flag. None of them, though, could counter his argument: "If I cannot fly my flag in my country, where else can I fly it?"
September 1994. S K Dubey, then commissioner of Bilaspur, was staying at the Jindal Group's guest house, located within the factory's premises in Raigarh. As he casually looked out of his window, his unbelieving eyes fell on the fluttering Tricolour. Angry inquiries elicited the information that it had been flying there every day for more than a year.
Dubey ordered the superintendent of police to personally take the flag down. Jindal, who was then in New Delhi, received a nervous call from his factory officials.
"I was very upset," recalls Jindal. "How could they humiliate us like this in independent India? We were flying the flag with utmost respect."
The incident strengthened Jindal's resolve. "I decided I would fight for my right to fly the flag."
First, he studied the Constitution. Then, he approached Shanti Bhushan, a reputed lawyer with a penchant for public interest causes. He even consulted some of the country's renowned legal brains -- including Arun Jaitley, Harish Salve, K K Venugopal and Soli Sorabjee. [Jaitley is now Union Minister for Law, Justice and Company Affairs and Sorabjee is India's Attorney General.]
Though Jindal will not reveal how much he has spent so far -- he claims never having tried to calculate -- he says he has been charged reasonable fees. Sorabjee, in particular, has not even sent a bill.
Jindal was told there were two clear laws on the subject.
The first, the Prevention of Insults to National Honour Act (1971), says the flag cannot be mutilated, burned, defaced, torn or trampled upon. Offenders can be jailed for up to three years or fined. But it does not prevent anyone from flying the flag in a respectful manner.
The second law, the Emblems and Names (Prevention of Improper Use) Act (1950), says the national flag or national emblem cannot be used for commercial purposes. Nor can it be used as packaging.
Jindal relaxed. He had not broken the law.
So, in October, he wrote a letter to the commissioner of Bilaspur and the home affairs ministry, saying he was flying the flag in his office premises out of patriotism and that it inspired him. No Indian law, he added, prohibited him from flying the flag.
Jindal's officials tried to caution him against sending the letter. They did not think it was prudent to annoy government officials, particularly since they had a loss-making industrial unit on their hands. But Jindal remembered what his father, O P Jindal, had always told him: "If you are in the right, God will be with you. No harm can come to anyone fighting for a just cause."
He sent the letter. But there was no reply. He shot off a reminder. The commissioner of Bilaspur finally replied, saying that everybody could not fly the flag. Only certain people, he said, could fly it and improper use of the flag could invite punishment. The home ministry explained that only certain high dignitaries could fly the flag on their residences.
Jindal was appalled. "The government had turned the national flag into a government flag."
The Flag Code of India says the national flag should be flown on the official residences of the president, vice-president, governors and lieutenant governors. But the code is an executive instruction; it has not been passed by Parliament. "You cannot take away a fundamental right of the people on the basis of an executive decision," says Jindal.
On February 2, 1995, Jindal filed a writ petition in the Delhi high court, requesting that all Indians and institutions be allowed to fly the flag in a respectful manner. At that time, he did not realise he was beginning a court battle that would last six long years.
Says Jindal: "Javed Akhtar once said the moon helps connect two lovers, irrespective of the distance that keeps them apart. I think it is the same with the Tricolour. When a person flies the national flag, he rises above his religion and political affiliations and shows that he is a proud Indian. We are a diverse group of people and this is one way to bind all of us."
In September 1995, the high court allowed Jindal to fly the national flag on his premises. Its judgment quoted former president R Venkataraman: "Our flag contains the blessings of all those great souls who brought us to freedom. It beckons us to fulfil their vision of a just and united India. As we confront crucial challenges to our security, our unity and integrity, we cannot but heed 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 fulfil themselves."
Jindal started flying the flag again.
But, in January 1996, the Government of India appealed against this judgment. In its special leave petition to the Supreme Court, the government said the policy to restrict the use of the national flag to the barest minimum was meant to ensure that it was not dishonoured. Jindal, it said, had taken a questionable position by imagining that one of the ways of showing his patriotism and love for the country was to fly the flag. The petition pointed out that there were millions of Indians who were not swayed by a desire to fly the flag in their houses.
The apex court, on February 7 that year, stayed the high court's judgement. As a dejected Jindal took down his flag, his lawyer stopped him. Shanti Bhushan explained that he could continue flying the flag; it would not be contempt of court since the judgment had only been stayed.
At that point, his workers went to him saying they also wanted to fly the flag. An embarrassed Jindal recalls telling them only he would do so. In the seconds that followed, though, he felt a strong sense of remorse. His fight, after all, was to give every Indian the right to fly the national flag.
When the Raigarh collector noticed the flag flying again, he sent an angry letter to the home ministry. The Government of India then filed a contempt of court case against Jindal, which has now been clubbed with the main case. Jindal explained to the court that he had utmost respect for the judiciary and was not trying to defy it or mean any disrespect by hoisting the flag.
The government, meanwhile, formed an inter-ministerial committee headed by P D Shenoy, additional secretary in the Union home ministry, to decide whether it could permit the flag to be flown freely.
Jindal met Shenoy and the other committee members to share with them his belief that the common man would not disrespect the flag. He explained that, like the idols that people keep in their houses, the flag too would be venerated.
In mid-April 2001, the government announced its decision to liberalise use of the national flag.
On May 1 this year, Jindal's case again came up for hearing. Asking the government to give a copy of the Shenoy Committee's report to Jindal's counsel, the court reconvened for the next day.
On May 2, Jindal's counsel complained that he had not received the report. The court, taking strong exception to the government's argument that the report was privileged, modified its February 7, 1996, order.
Jindal hoisted the flag. "Let us think of the millions of people who died after Independence without having the pleasure of flying the flag. I would have hated to tell my son that he could not fly the Tricolour as he was not a minister. Why should we presume that commoners will not respect the flag? We have to trust the people. It is their flag. If someone disrespects it, there is a law to deal with it."
Once the court announces its final judgement -- this is expected to happen some time next month -- Jindal hopes every Indian will be free to fly the national flag.
"We should be able to celebrate our independence everyday. If we can fly our flag, we will be a much prouder nation, a much happier nation. We will psychologically think of our nation before we think of ourselves."
Page design: Dominic Xavier

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________________________________________
Page 1
Disclaimer : Text of this Act/Bill/Rules is provided for information only. We undertake
no responsibility for any errors/mistakes in the same. Please refer to the Gazette of India
for the authntic text.
Flag Code of India
The Indian National Flag represents the hopes and aspirations of the people of India. It is
the symbol of our national pride. Over the last five decades, several people including
members of armed forces have ungrudgingly laid down their lives to keep the tricolour flying
in its full glory.
The significance of the colours and the chakra in the National Flag was amply described
by Dr. S. Radhakrishnan in the Constituent Assembly which unanimously adopted the
National Flag. Dr. S. Radhakrishnan explained—“Bhagwa or the saffron colour denotes
renunciation of disinterestedness. Our leaders must be indifferent to material gains and
dedicate themselves to their work. The white in the centre is light, the path of truth to guide
our conduct. The green shows our relation to soil, our relation to the plant life here on which
all other life depends. The Ashoka Wheel in the center of the white is the wheel of the law of
dharma. Truth or satya, dharma or virtue ought to be the controlling principles of those who
work under this flag. Again, the wheel denotes motion. There is death in stagnation. There is
life in movement. India should no more resist change, it must move and go forward. The
wheel represents the dynamism of a peaceful change.”
There is universal affection and respect for, and loyalty to, the National Flag. Yet, a
perceptible lack of awareness is often noticed, not only amongst people but also in the
organisations/agencies of the government, in regard to laws, practices and conventions that
apply to the display of the National Flag. Apart from non-statutory instructions issued by the
Government from time to time, display of the National Flag is governed by the provisions of
the Emblems and Names (Prevention of Improper Use) Act, 1950 (No. 12 of 1950) and the
Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971). Flag Code of India,
2002 is an attempt to bring together all such laws, conventions, practices and instructions for
the guidance and benefit of all concerned.
For the sake of convenience, Flag Code of India, 2002, has been divided into three parts.
Part I of the Code contains general description of the National Flag. Part II of the Code is
devoted to the display of the National Flag by members of public, private organizations,
educational institutions, etc. Part III of the Code relates to display of the National Flag by
Central and State governments and their organisations and agencies.
Flag Code of India, 2002, takes effect from January 26, 2002 and supersedes the ‘Flag
Code-India’ as it existed.
P
ART
I
GENERAL
1.1 The National Flag shall be a tri-colour panel made up of three rectangular panels or
sub-panels of equal widths. The colour of the top panel shall be India saffron (Kesari) and that
of the bottom panel shall be India green. The middle panel shall be white, bearing at its centre
the design of Ashoka Chakra in navy blue colour with 24 equally spaced spokes. The Ashoka
Chakra shall preferably be screen printed or otherwise printed or stenciled or suitably
embroidered and shall be completely visible on both sides of the Flag in the centre of the
white panel.
1.2 The National Flag of India shall be made of hand spun and hand woven
wool/cotton/silk khadi bunting.
1.3 The National Flag shall be rectangular in shape. The ratio of the length to the height
(width) of the Flag shall be 3:2.
1.4 The standard sizes of the National Flag shall be as follows:—
Flag Size No.
Dimensions in mm
1
6300 x 4200
2
3600 x 2400
3
2700 x 1800
4
1800 x 1200
5
1350 x 900
6
900 x 600
7
450 x 300
8
225 x 150
9
150 x 100
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Page 2
1.5 An appropriate size should be chosen for display. The flags of 450 x 300 mm size are
intended for aircrafts on VVIP flights, 225 x 150 mm size for motor-cars and 150 x 100 mm
size for table flags.
P
ART
II
HOISTING/DISPLAY/USE OF NATIONAL FLAG BY MEMBERS OF PUBLIC, PRIVATE
ORGANISATIONS, EDUCATIONAL INSTITUTIONS, ETC.
Section I
2.1 There shall be no restriction on the display of the National Flag by members of
general public, private organizations, educational institutions, etc., except to the extent
provided in the Emblems and Names (Prevention of Improper Use) Act, 1950
*
and the
Prevention of Insults to National Honour Act, 1971
**
and any other law enacted on the
subject. Keeping in view the provisions of the aforementioned Acts—
(i) the Flag shall not be used for commercial purposes in violation of the Emblem and
Names (Prevention of Improper Use) Act, 1950;
(ii) the Flag shall not be dipped in salute to any person or thing;
(iii) the Flag shall not be flown at half-mast except on occasions on which the Flag is
flown at half-mast on public buildings in accordance with the instructions issued by
the Government;
* The Emblems and Names (Prevention of Improper Use) Act, 1950:
Section 2: In this Act, unless the context otherwise requires:—
(a) “emblem” means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation
specified in the Schedule.
Section 3: Notwithstanding anything contained in any law for the time being in force, no person
shall, except in such cases and under such conditions as may be prescribed by the Central Government,
use, or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any
patent, or in any trade mark of design, any name or emblem specified in the Schedule or any colourable
imitation thereof without the previous permission of the Central Government or of such officer of
Government as may be authorised in this behalf by the Central Government.
Note.—The Indian National Flag has been specified as an emblem in the Schedule to the Act.
** The Prevention of Insults to National Honour Act, 1971 (amended by the Prevention of Insults to
National Honour (Amendment) Act, 2003):
Whoever in any public place or in any other place within public view burns, mutilates, defaces,
defiles, disfigures, destroys, tramples upon or otherwise shows disrespect to or brings into contempt
(whether by words, either spoken or written, or by acts) the Indian National Flag………. or any part
thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or
with both.
Explanation 1.—Comments expressing disapprobation or criticism of the ………Indian National
Flag or an alteration of the Indian National Flag by lawful means do not constitute an offence under this
section.
Explanation 2.—The expression, “Indian National Flag” includes any picture, painting, drawing or
photograph, or other visible representation of the Indian National Flag, or of any part or parts thereof,
made of any substance or represented on any substance.
Explanation 3.—The expression “Public place” means any place intended for use by, or accessible
to, the public and includes any public conveyance.
Explanation 4.—The disrespect to the Indian National Flag means and includes-
(a) a gross affront or indignity offered to the Indian National Flag; or
(b) dipping the Indian National Flag in salute to any person or thing; or
(c) flying the Indian National Flag at half-mast except on occasions on which the Flag is flown
at half-mast on public buildings in accordance with the instructions issued by the
Government; or
(d) using the Indian National Flag as a drapery in any form whatsoever except in state funerals
or armed forces or other para-military forces funerals; or
(e) using the Indian National Flag as a portion of costume or uniform of any description or
embroidering or printing it on cushions, handkerchiefs, napkins or any dress material; or
(f) putting any kind of inscription upon the Indian National Flag; or
(g) using the Indian National Flag as a receptacle for receiving, delivering or carrying anything
except flower petals before the Indian National Flag is unfurled as part of celebrations on
special occasions including the Republic Day or the Independences Day; or
(h) using the Indian National Flag as covering for a statue or a monument or a speaker’s desk or
a speaker’s platform; or
(i) allowing the Indian National Flag to touch the ground or the floor or trail in water
intentionally; or
(j) draping the Indian National Flag over the hood, top, and sides or back or on a vehicle, train,
boat or an aircraft or any other similar object; or
(k) using the Indian National Flag as a covering for a building; or
(l) intentionally displaying the Indian National Flag with the “saffron” down.
3-A. Minimum penalty on second or subsequent offence.—Whoever having already been convicted
of an offence under Section 2………. is again convicted of any such offence shall be punishable for the
second and for every subsequent offence, with imprisonment for a term, which shall not be less than one
year.
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Page 3
(iv) the Flag shall not be used as a drapery in any form whatsoever, including private
funerals;
(v) the Flag shall not be used as a portion of costume or uniform of any description nor
shall it be embroidered or printed upon cushions, handkerchiefs, napkins or any
dress material;
(vi) lettering of any kind shall not be put upon the Flag;
(vii) the Flag shall not be used as a receptacle for receiving, delivering, holding or
carrying anything:
Provided that there shall be no objection to keeping flower petals inside the Flag
before it is unfurled as part of celebrations on special occasions and on National
Days like the Republic Day and the Independence Day;
(viii) when used on occasions like unveiling of a statue, the Flag shall be displayed
distinctly and separately and it shall not be used as a covering for the statue or
monument;
(ix) the Flag shall not be used to cover a speaker’s desk nor shall it be draped over a
speaker’s platform;
(x) the Flag shall not be intentionally allowed to touch the ground or the floor or trail
in water;
(xi) the Flag shall not be draped over the hood, top, sides or back of a vehicle, train,
boat or an aircraft;
(xii) the Flag shall not be used as a covering for a building; and
(xiii) the Flag shall not be intentionally displayed with the “saffron” down.
2.2 A member of public, a private organization or an educational institution may hoist/
display the National Flag on all days and occasions, ceremonial or otherwise. Consistent with
the dignity and honour of the National Flag—
(i) whenever the National Flag is displayed, it should occupy the position of honour
and should be distinctly placed;
(ii) a damaged or dishevelled Flag should not be displayed;
(iii) the Flag should not be flown from a single masthead simultaneously with any other
flag or flags;
(iv) the Flag should not be flown on any vehicle except in accordance with the
provisions contained in Section IX of Part III of this Code;
(v) when the Flag is displayed on a speaker’s platform, it should be flown on the
speaker’s right as he faces the audience or flat against the wall, above and behind
the speaker;
(vi) when the Flag is displayed flat and horizontal on a wall, the saffron band should be
upper most and when displayed vertically, the saffron band shall be on the right
with reference to the Flag (i.e. left to the person facing the Flag);
(vii) to the extent possible, the Flag should conform to the specifications prescribed in
Part I of this Code;
(viii) no other flag or bunting should be placed higher than or above or side by side with
the National Flag; nor should any object including flowers or garlands or emblem
be placed on or above the Flag-mast from which the Flag is flown;
(ix) the Flag should not be used as a festoon, rosette or bunting or in any other manner
for decoration;
(x) the Flag made of paper may be waved by public on occasions of important
national, cultural and sports events. However, such paper Flags should not be
discarded or thrown on the ground after the event. As far as possible, it should be
disposed of in private consistent with the dignity of the Flag;
(xi) where the Flag is displayed in open, it should, as far as possible, be flown from
sunrise to sunset, irrespective of weather conditions;
(xii) the Flag should not be displayed or fastened in any manner as may damage it; and
(xiii) when the Flag is in a damaged or soiled condition, it shall be destroyed as a whole
in private, preferably by burning or by any other method consistent with the dignity
of the Flag.
Section II
2.3 The National Flag may be hoisted in educational institutions (schools, colleges, sports
camps, scout camps, etc.) to inspire respect for the Flag. A model set of instructions for
guidance is given below—
(i) The School will assemble in open square formation with pupils forming the three
sides and the Flag-staff at the centre of the fourth side. The Headmaster, the pupil
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Page 4
leader and the person unfurling the Flag (if other than the Headmaster) will stand
three paces behind the Flag-staff.
(ii) The pupils will fall according to classes and in squads of ten (or other number
according to strength). These squads will be arranged one behind the other. The
pupil leader of the class will stand to the right of the first row of his class and the
form master will stand three paces behind the last row of his class, towards the
middle. The classes will be arranged along the square in the order of seniority with
the seniormost class at the right end.
(iii) The distance between each row should be at least one pace (30 inches); and the
space between Form and Form should be the same.
(iv) When each Form or Class is ready, the Class leader will step forward and salute the
selected school pupil leader. As soon as all the Forms are ready, the school pupil
leader will step up to the Headmaster and salute him. The Headmaster will return
the salute. Then, the Flag will be unfurled. The School pupil leader may assist.
(v) The School pupil leader in charge of the parade (or assembly) will call the parade
to attention, just before the unfurling, and he will call them to the salute when the
Flag flies out. The parade will keep at the salute for a brief interval, and then on the
command “order”, the parade will come to the attention position.
(vi) The Flag Salutation will be followed by the National Anthem. The parade will be
kept at the attention during this part of the function.
(vii) On all occasions when the pledge is taken, the pledge will follow the National
Anthem. When taking the pledge the Assembly will stand to attention and the
Headmaster will administer the pledge ceremoniously and the Assembly will repeat
it after him.
(viii) In pledging allegiance to the National Flag, the practice to be adopted in Schools is
as follows:—
Standing with folded hands, all repeat together the following pledge:
“I pledge allegiance to the National Flag and to the Sovereign Socialist
Secular Democratic Republic for which it stands.”
P
ART
III
HOISTING/DISPLAY OF THE NATIONAL FLAG BY THE CENTRAL AND STATE
GOVERNMENTS AND THEIR ORGANISATIONS AND AGENCIES
Section I
Defence Installations/Heads of Missions/Posts
3.1 The provisions of this Part shall not apply to Defence Installations that have their own
rule for display of the National Flag.
3.2 The National Flag may also be flown on the Headquarters and the residences of the
Heads of Missions/Posts abroad in the countries where it is customary for diplomatic and
consular representatives to fly their National Flags on the Headquarters and their official
residences.
Section II
Official Display
3.3 Subject to the provisions contained in Section I above, it shall be mandatory for all
Governments and their organisations/agencies to follow the provisions contained in this Part.
3.4 On all occasions for official display, only the Flag conforming to specifications laid
down by the Bureau of Indian Standards and bearing their standard mark shall be used. On
other occasions also, it is desirable that only such Flags of appropriate size are flown.
Section III
Correct Display
3.5 Wherever the Flag is flown, it should occupy the position of honour and be distinctly
placed.
3.6 Where the practice is to fly the Flag on any public building, it shall be flown on that
building on all days including Sundays and holidays and, except as provided in this Code, it
shall be flown from sun-rise to sun-set irrespective of weather conditions. The Flag may be
flown on such a building at night also but this should be only on very special occasions.
3.7 The Flag shall always be hoisted briskly and lowered slowly and ceremoniously.
When the hoisting and the lowering of the Flag is accompanied by appropriate bugle calls, the
hoisting and lowering should be simultaneous with the bugle calls.
3.8 When the Flag is displayed from a staff projecting horizontally or at an angle from a
windowsill, balcony, or front of a building, the saffron band shall be at the farther end of the
staff.
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Page 5
3.9 When the Flag is displayed flat and horizontal on a wall, the saffron band shall be
upper most and when displayed vertically, the saffron band shall be to the right with reference
to the Flag, i.e., it may be to the left of a person facing it.
3.10 When the Flag is displayed on a speaker’s platform, it shall be flown on a staff on
the speaker’s right as he faces the audience or flat against the wall above and behind the
speaker.
3.11 When used on occasions like the unveiling of a statue, the Flag shall be displayed
distinctly and separately.
3.12 When the Flag is displayed alone on a motor car, it shall be flown from a staff,
which should be affixed firmly either on the middle front of the bonnet or to the front right
side of the car.
3.13 When the Flag is carried in a procession or a parade, it shall be either on the
marching right, i.e. the Flag’s own right, or if there is a line of other flags, in front of the
centre of the line.
Section IV
Incorrect Display
3.14 A damaged or disheveled Flag shall not be displayed.
3.15 The Flag shall not be dipped in salute to any person or thing.
3.16 No other flag or bunting shall be placed higher than or above or, except as
hereinafter provided, side by side with the National Flag; nor shall any object including
flowers or garlands or emblem be placed on or above the Flag-mast from which the Flag is
flown.
3.17 The Flag shall not be used as a festoon, rosette or bunting or in any other manner for
decoration.
3.18 The Flag shall not be used to cover a speaker’s desk nor shall it be draped over a
speaker’s platform.
3.19 The Flag shall not be displayed with the “saffron” down.
3.20 The Flag shall not be allowed to touch the ground or the floor or trail in water.
3.21 The Flag shall not be displayed or fastened in any manner as may damage it.
Section V
Misuse
3.22 The Flag shall not be used as a drapery in any form whatsoever except in State/
Military/Central Para military Forces funerals hereinafter provided.
3.23 The Flag shall not be draped over the hood, top, sides or back of a vehicle, train or
boat.
3.24 The Flag shall not be used or stored in such a manner as may damage or soil it.
3.25 When the Flag is in a damaged or soiled condition, it shall not be cast aside or
disrespectfully disposed of but shall be destroyed as a whole in private, preferably by burning
or by any other method consistent with the dignity of the Flag.
3.26 The Flag shall not be used as a covering for a building.
3.27 The Flag shall not be used as a portion of a costume or uniform of any description. It
shall not be embroidered or printed upon cushions, handkerchiefs, napkins or boxes.
3.28 Lettering of any kind shall not be put upon the Flag.
3.29 The Flag shall not be used in any form of advertisement nor shall an advertising sign
be fastened to the pole from which the Flag is flown.
3.30 The Flag shall not be used as a receptacle for receiving, delivering, holding or
carrying anything:
Provided that there shall be no objection to keeping flower petals inside the Flag before it
is unfurled, as part of celebrations on special occasions and on National Days like the
Republic Day and the Independence Day.
Section VI
Salute
3.31 During the ceremony of hoisting or lowering the Flag or when the Flag is passing in
a parade or in a review, all persons present should face the Flag and stand at attention. Those
present in uniform should render the appropriate salute. When the Flag is in a moving column,
persons present will stand at attention or salute as the Flag passes them. A dignitary may take
the salute without a head dress.
Section VII
Display with Flags of other Nations and of United Nations
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Page 6
3.32 When displayed in a straight line with flags of other countries, the National Flag
shall be on the extreme right; i.e. if an observer were to stand in the center of the row of the
flags facing the audience, the National Flag should be to his extreme right. The position is
illustrated in the diagram below:—
3.33 Flags of foreign countries shall proceed as from the National Flag in alphabetical
order on the basis of English versions of the names of the countries concerned. It would be
permissible in such a case to begin and also to end the row of flags with the National Flag and
also to include National Flag in the normal countrywise alphabetical order. The National Flag
shall be hoisted first and lowered last.
3.34 In case flags are to be flown in an open circle i.e., in an arc or a semi-circle, the
same procedure shall be adopted as is indicated in the preceding clause of this Section. In case
flags are to be flown in a closed, i.e., complete circle, the National Flag shall mark the
beginning of the circle and the flags of other countries should proceed in a clockwise manner
until the last flag is placed next to the National Flag. It is not necessary to use separate
National Flags to mark the beginning and the end of the circle of flags. The National Flag
shall also be included in its alphabetical order in such a closed circle.
3.35 When the National Flag is displayed against a wall with another flag from crossed
staffs, the National Flag shall be on the right i.e. the Flag’s own right, and its staff shall be in
front of the staff of the other flag. The position is illustrated in the diagram below:—
3.36 When the United Nation’s Flag is flown along with the National Flag, it can be
displayed on either side of the National Flag. The general practice is to fly the National Flag
on the extreme right with reference to the direction which it is facing (i.e. extreme left of an
observer facing the masts flying the Flags). The position is illustrated in the diagram below:—
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Page 7
3.37 When the National Flag is flown with flags of other countries, the flag masts shall be
of equal size. International usage forbids the display of the flag of one nation above that of
another nation in time of peace.
3.38 The National Flag shall not be flown from a single mast-head simultaneously with
any other flag or flags. There shall be separate mast-heads for different flags.
Section VIII
Display over Public Buildings/Official Residences
3.39 Normally the National Flag should be flown only on important public buildings such
as High Courts, Secretariats, Commissioners’ Offices, Collectorates, Jails and offices of the
District Boards, Municipalities and Zilla Parishads and Departmental/Public Sector
Undertakings.
3.40 In frontier areas, the National Flag may be flown on the border customs posts, check
posts, out posts and at other special places where flying of the Flag has special significance. In
addition, it may be flown on the camp sites of border patrols.
3.41 The National Flag should be flown on the official residences of the President, Vice-
President, Governors and Lieutenant Governors when they are at Headquarters and on the
building in which they stay during their visits to places outside the Headquarters. The Flag
flown on the official residence should, however, be brought down as soon as the dignitary
leaves the Headquarters and it should be re-hoisted on that building as he enters the main gate
of the building on return to the Headquarters. When the dignitary is on a visit to a place
outside the Headquarters, the Flag should be hoisted on the building in which he stays as he
enters the main gate of that building and it should be brought down as soon as he leaves that
place. However, the Flag should be flown from sun-rise to sun-set on such official residences,
irrespective of whether the dignitary is at Headquarters or not on the — Republic Day,
Independence Day, Mahatama Gandhi’s Birthday, National Week (6th to 13th April, in the
memory of martyrs of Jalianwala Bagh), any other particular day of national rejoicing as may
be specified by the Government of India or, in the case of a State, on the anniversary of
formation of that State.
3.42 When the President, the Vice-President or the Prime Minister visits an institution,
the National Flag may be flown by the institution as a mark of respect.
3.43 On the occasions of the visit to India by foreign dignitaries, namely, President, Vice-
President, Emperor/King or Heir Prince and the Prime Minister, the National Flag may be
flown along with the Flag of the foreign country concerned in accordance with the rules
contained in Section VII by such private institutions as are according reception to the visiting
foreign dignitaries and on such public buildings as the foreign dignitaries intend to visit on the
day of visit to the institution.
Section IX
Display on Motor Cars
3.44 The privilege of flying the National Flag on motor cars is limited to the:—
(1) President;
(2) Vice-President;
(3) Governors and Lieutenant Governors;
(4) Heads of Indian Missions/Posts abroad in the countries to which they are
accredited;
(5) Prime Minister and other Cabinet Ministers;
Ministers of State and Deputy Ministers of the Union;
Chief Minister and other Cabinet Ministers of a State or Union Territory;
Ministers of State and Deputy Ministers of a State or Union Territory;
(6) Speaker of the Lok Sabha;
Deputy Chairman of the Rajya Sabha;
Deputy Speaker of the Lok Sabha;
Chairmen of Legislative Councils in States;
Speakers of Legislative Assemblies in States and Union territories;
Deputy Chairmen of Legislative Councils in States;
Deputy Speakers of Legislative Assemblies in States and Union territories;
(7) Chief Justice of India;
Judges of Supreme Court;
Chief Justice of High Courts;
Judges of High Courts.
3.45 The dignitaries mentioned in Clauses (5 ) to (7) of paragraph 3.44 may fly the
National Flag on their cars, whenever they consider it necessary or advisable.
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Page 8
3.46 When a foreign dignitary travels in a car provided by Government, the National Flag
will be flown on the right side of the car and the Flag of the foreign countries will be flown on
the left side of the car.
Section X
Display on Trains/Aircrafts
3.47 When the President travels by special train within the country, the National Flag
should be flown from the driver’s cab on the side facing the platform of the station from
where the train departs. The Flag should be flown only when the special train is stationary or
when coming into the station where it is going to halt.
3.48 The National Flag will be flown on the aircraft carrying the President, the Vice-
President or the Prime Minister on a visit to a foreign country. Alongside the National Flag,
the Flag of the country visited should also be flown but, when the aircraft lands in countries
enroute, the National Flags of the countries touched would be flown instead, as a gesture of
courtesy and goodwill.
3.49 When the President goes on tour within India, the National Flag will be displayed on
the side by which the President will embark the aircraft or disembark from it.
Section XI
Half-masting
3.50 In the event of the death of the following dignitaries, the National Flag shall be half-
masted at the places indicated against each on the day of the death of the dignitary:—
Dignitary
Place or places
President
Throughout India
Vice-President
Throughout India
Prime Minister
Throughout India
Speaker of the Lok Sabha
Delhi
Chief Justice of India
Delhi
Union Cabinet Minister
Delhi and State Capitals
Minister of State or Deputy Minister of
the Union
Delhi
Governor
Throughout the State or Union
Lt. Governor
Throughout the State or Union
Chief Minister of a State
Throughout the State or Union
Chief Minister of a Union territory
Throughout the State or Union
territory concerned
Cabinet Minister in a State
Capital of the State concerned.
3.51 If the intimation of the death of any dignitary is received in the afternoon, the Flag
shall be half-masted on the following day also at the place or places indicated above, provided
the funeral has not taken place before sun-rise on that day.
3.52 On the day of the funeral of a dignitary mentioned above, the Flag shall be half-
masted at the place where the funeral takes place.
3.53 If State mourning is to be observed on the death of any dignitary, the Flag shall be
half-masted throughout the period of the mourning throughout India in the case of the Union
dignitaries and throughout the State or Union territory concerned in the case of a State or
Union territory dignitary.
3.54 Half-masting of the Flag and, where necessary, observance of State mourning on the
death of foreign dignitaries will be governed by special instructions which will issue from the
Ministry of Home Affairs in individual cases.
3.55 Notwithstanding the above provisions, in the event of a half-mast day coinciding
with the Republic Day, Independence Day, Mahatama Gandhi’s Birthday, National Week (6th
to 13th April, in the memory of martyrs of Jalianwala Bagh), any other particular day of
national rejoicing as may be specified by the Government of India or, in the case of a State, on
the anniversary of formation of that State, the Flags shall not be flown at half-mast except
over the building where the body of the deceased is lying until such time it has been removed
and that Flag shall be raised to the full-mast position after the body has been removed.
3.56 If mourning were to be observed in a parade or procession where a Flag is carried,
two streamers of black crepe shall be attached to the spear head, allowing the streamers to fall
naturally. The use of black crepe in such a manner shall be only by an order of the
Government.
3.57 When flown at half-mast, the Flag shall be hoisted to the peak for an instant, then
lowered to the half-mast position, but before lowering the Flag for the day, it shall be raised
again to the peak.
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Page 9
Note.—By half-mast is meant hauling down the Flag to one half the distance between the
top and the guy-line and in the absence of the guy-line, half of the staff.
3.58 On occasions of State/Military/Central Para-Military Forces funerals, the Flag shall
be draped over the bier or coffin with the saffron towards the head of the bier or coffin. The
Flag shall not be lowered into the grave or burnt in the pyre.
3.59 In the event of death of either the Head of the State or Head of the Government of a
foreign country, the Indian Mission accredited to that country may fly the National Flag at
half-mast even if that event falls on Republic Day, Independence Day, Mahatama Gandhi’s
Birthday, National Week (6th to 13th April, in the memory of martyrs of Jalianwala Bagh) or
any other particular day of national rejoicing as may be specified by the Government of India.
In the event of death of any other dignitary of that country, the National Flag should not be
flown at half-mast by the Missions except when the local practice or protocol (which should
be ascertained from the Dean of the Diplomatic Corps, where necessary) require that the
National Flag of a Foreign Mission in that country should also be flown at half-mast.
———

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