Supreme Court of India declined plea seeking guidelines on Ashoka Chakra display on national flag. Bench led by Surya Kant advised petitioner to pursue constructive steps, leaving decision to authorities.
NEW DELHI: The Supreme Court refused to consider a plea seeking directions to the Centre and other authorities to frame guidelines on displaying the Ashoka Chakra on the national flag.
A bench headed by Chief Justice of India (CJI) Surya Kant and comprising Justices Joymalya Bagchi and Vipul M Pancholi heard the petitioner, who appeared in person. The Court told the petitioner that rather than approaching the Court for such directions, he should focus on constructive steps for society.
The CJI told the petitioner,
“There is no need to be so emotional about these things. Your idea is good. You have informed the authorities. Now it is for the authorities to see what they want to do,”
The bench said,
“You do some constructive work for society,”
During the hearing, the petitioner showed a picture of an Ashoka Chakra installed at a roundabout in Varanasi. However, the bench declined to entertain the plea.
Constitutional Provisions Relevant to the National Flag
India’s constitutional framework also provides the backdrop for rules governing state symbols:
- Article 51A(a): Fundamental Duties require citizens to respect the National Flag and the National Anthem.
- Article 1 and the identity of India as a sovereign republic are reflected through the adoption and protection of national symbols (including the flag).
- Directive principles and the broader scheme of public order and national integrity underpin government authority to prescribe lawful standards for national emblems.
These provisions are generally cited to emphasize that national symbols must be displayed and protected with due respect and as per prescribed standards.
Rules and regulations governing the National Flag in India (including Ashoka Chakra)
The design and use of the Indian National Flag is governed primarily by the Flag Code of India issued under the Emblems and Names (Prevention of Improper Use) Act, 1950. The Flag Code lays down:
- Specification of the National Flag (including the Ashoka Chakra’s design and placement).
- Proper manner of display, including on government buildings and during events.
- Rules for hoisting, display, and dimensions (including correct orientation).
- Prohibitions against improper use and guidelines on respectful handling.
- Guidance on manufacturing/printing so the flag is not altered in a manner that affects its official design.
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In addition to the Flag Code, the National Flag is defined by law and official specifications through government notifications and standards that prescribe the Ashoka Chakra’s accuracy and styling as part of the flag’s official design.
While the Supreme Court does not routinely issue fresh “guidelines” on the Ashoka Chakra’s display each time such petitions are filed, its reasoning often aligns with these principles that the design and use of the national flag are already covered under statutory rules and the Flag Code of India. It is generally for the executive authorities to issue operational clarifications or administrative instructions within the framework of existing law. Courts may decline to intervene when the petitioner’s request is viewed as requiring policy/administrative action rather than a fresh judicial mandate.
In this case specifically, the bench indicated that the authorities are already the proper forum for what action, if any, should follow the petitioner’s idea while encouraging the petitioner to undertake constructive social work instead: “You do some constructive work for society,” the bench said.
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