Flag Code of India- Everything you need to know

12 Aug 2022  Read 2274 Views

Have you ever heard that Indian citizens can never fly our national flag at night as raising it in the morning represents strength, and lowering it is a sign of respect and dignity for the flag and the country? But, who makes such laws or regulations, and is it true? The code which governs such laws is the Flag Code of India, and in 2022, the Centre amended the Flag Code of India, with one of its major amendments being that Indians can now fly the national flag even at night based on some conditions.

In this article, we have discussed the Flag Code of India, amendments brought to the flag & restrictions, how to display the National Flag, controversies, and many more….

What is the Flag Code of India, 2002?

Originally, the Flag Code of India, brought on 26th January 2002, had been divided into three parts, it acts as an embracing umbrella that brings together each & every law, convention, practice, and instruction for the use, display, and hoisting of our National Flag. The three parts are:

  • The general description of the National Flag.

  • It is displayed by members of the public, private organizations, educational institutions, etc.

  • It is displayed by the central and state governments and their agencies.

The Flag Code of India states that “there shall be no limitation on the display of the National Flag by members of the general public, private organizations, educational institutions, etc., except to the extent mentioned in the Emblems and Names (Prevention of Improper Use) Act 1950 and the Prevention of Insults to National Honour Act 1971…..”

How you should display the National Flag?

  • The National flag holds a position of honor. So, it is required to be distinctly placed.

  • The use of a damaged and untidy national flag is strictly prohibited.

  • It should not be displayed in an inverted position, meaning that the saffron band in the flag should not be at the bottom.

  • When the national flag is placed, no other flag can be set at any position (higher, above, or side by side) of the National Flag.

  • Any objects such as flowers, garlands, and emblems must be avoided on or above the flag from where the National flag is flown.

  • The tricolor cannot be used as a festoon, rosette, bunting, or decoration.

  • The flag should not touch the ground in any case or on the floor or trail in the water.

  • The simultaneous display of the national flag with a single masthead and any other flag is restricted.

  • The speaker’s desk cannot be draped with a national flag.

  • Costumes or uniforms, or accessories made up of the national flag cannot be worn below the waist of any individual.

  • Embroidered or printed cushions, handkerchiefs, napkins, undergarments, or any dress material made from the national flag is prohibited.

  • The flag can be flown throughout the day and even at night after the 2022 amendment, irrespective of the weather conditions.

Why was the Flag Code amended?

The amendment in 2022 to the flag code came ahead of the ‘Har Ghar Tiranga’ campaign under which the government is motivating people to hoist the Tricolour at their homes to mark the 75th Independence Day on the 15th of August. The government states that it plans to reach out to more than 20 crore homes across India by August 15 through this campaign.

  • The government made such an amendment as it believed that amending the flag code would make the National Flag easily available and affordable to the general public. 

  • One of the major amendments of 2022 is that from now on, the national flag can remain hoisted through the night if it is in the open and hoisted by a public member. 

  • As the central government launched a Har Ghar Tiranga campaign from August 13.

  • The Ministry said that clause XI of paragraph 2.2 of the Flag Code was replaced by the following clause: “where the flag is displayed in the open or displayed on the house of a member of the public, it may be flown day and night.”

The government in December 2021 amended the flag code to allow machine-made and polyester flags. The amendment was that the government replaced paragraph 1.2 of Part I of the flag code with the following: “The National Flag shall be made of hand-spun and handwoven or machine-made, cotton/ polyester/ wool/ silk khadi bunting.”

 “Har Ghar Tiranga” Campaign

 ‘Har Ghar Tiranga’ is a campaign under the aegis of Azadi Ka Amrit Mahotsav to motivate people to bring the Tiranga home and to hoist it to mark the 75th year of independence. Bringing the flag home collectively as a nation in the 75th year of independence will become symbolic of not only an act of personal connection to the Tiranga but also an embodiment of our commitment to nation-building. This will ultimately enhance the feeling of patriotism and spread awareness about our national flag.

Who can display National Flag on their cars?

The privilege of hoisting the national flag is limited to only a few positions acquired by the country's people. They are:

  • President

  • Vice-President

  • Governors and Lieutenant Governors

  • Heads of Indian Missions Posts

  • Prime Minister

  • Chief Minister and Cabinet Minister of a State or Union Territory

  • Cabinet Ministers, Ministers of State, and Deputy Ministers of the Union

  • Speaker of the Lok Sabha,

  • Deputy Speaker of LokSabha,

  • Deputy Chairman of Rajya Sabha,

  • Chairman of Legislative Councils in States,

  • Speakers of the Legislative Assemblies in States and

  • Union Territories,

  • Deputy Chairman of the Legislative Council in the States,

  • Deputy Speakers of Legislative Assemblies in States and Union Territories

  • Chief Justice of India

  • Judges of the Supreme Court

  • Chief Justice of High Courts

  • Judges of High Courts

Controversies around Flag Code amendments

The amendment made by the end of 2021 to allow the use of machine-made and polyester flags was criticized by Congress, which believes that the Centre has allowed the influx of China-made Indian flags by permitting the import of polyester flags.

Besides the Opposition, some Khadi weavers and activists have also launched a protest against the amendment brought by the Centre. For Example, Karnataka Khadi Gramudyog Samyukta Sangha (KKGSS) has halted operations. 

About the Author: Kakoli Nath | 275 Post(s)

Kakoli Nath is a legal Content Manager at Finology Legal who pursued BBA.LL.B (5 years integrated course). She is a patent analyst & had also done advanced certification in Forensics Psychology and Criminal Profiling from IFS, Pune.

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