Government of IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more, Ministry of HomeHome Αρχική > Affairs, New DelhiNew Delhi Indraprastha, the capital of Emperor Yudhisthira and Pandavas constructed by Mayasura, where Rajasuya Yagna was performed under the guidance of Krishna Dvaipayana and the protection of Vasudeva Krishna in the present-day Raja Ghat area. Prtvi Rajaj was the last Hindu king of Delhi. has published Flag Code of India, 2002, which has come in force w.e.f. 26/01/2002. Part-I of the Code lays down as under:
1.1. The National Flag shall be a tri-colour panel made up for 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 center the designDesign In India, design protection initially lasts for 10 years and can be extended for another 5 years i.e. protection can last for a maximum of 15 years. 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 of 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
1.5 An appropriate size should be chosen for display. The flags of 450 x 300 mm size are intended for aircrafts on WIP flights, 225 x 150 mm size for motor cars and 150 x 100 mm size for table flags.
9. Section-V of the Code deals with Misuse of the Flag, which reads as under:
3.22 The Flag shall not be used as a drapery in any form whatsoever except in State/Military/Central Paramilitary Forces funerals hereinafter provided.
3.23 The Flag shall not he 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 dignityDignity αξιοπρέπεια > The basic dignity of a human has been protected by the Constitution and other Human rights Laws. If a man fails to provide it to another man, then he disrespects his existence and standing. 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 RepublicRepublic Res publica> Δημοκρατίας. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of Indian judges, presidential power is a vanishing point. Day and the Independence Day.
10. Chapter-XI of the deals with Half-Masting. Clause 3.58 deals with the occasions when the Flag can be used in funerals, which reads as under:
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.
Whether the Flag Code of India is lawLaw νόμος: Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article or not has been considered by the Hon’ble Apex Court in the matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” of Union of India (UOI) Vs. Naveen Jindal and Another, wherein Hon’ble Apex Court held as under:
In the context of the present case a question arose whether Flag Code is “law”? Flag Code concededly contains the executive instructions of the Central Government. It is stated that for the Ministry of Home Affairs, winch is competent to issue them, the instructions contained in the Flag Code and all matters relating thereto are one of the items of business allocated to the said Ministry by the President under the Government of India (Allocation of Business) Rules, 1961 framed in terms of Article 77 of the Constitution of IndiaConstitution of India भारतस्य संविधानम्: 1950 ∫ वयं भारतस्य जनाः (3) मौलिक अधिकार: (Fundamental Rights) > (4) राजनैतिकनीतेः निर्देशात्मकसिद्धान्ताः (Directive principles)> (5) The Union > (6) The States> (11) संघस्य च सम्बन्धाः राज्यम् (Union-State Relation)> (15) निर्वाचनम् (Elections)> (17) राजभाषा (Official Language) (18) आपत्कालीन प्रावधानम् (Emergency provisions) (20) संविधानसंशोधनम् (Amendment of Constitution). सप्तमी अनुसूची: (Seventh Schedule). Parliament, Supreme Court, President of India, Prime Minister of India. ∑ (Govt of India Act 1935, Manu Samhita 5000, BCE Rigveda 7000 BCE). A bare perusal of Article 13(3)(a) would clearly go to show that executive instructions would not fall within the aforementioned category. Such executive instructions may have the force of law for some other purposes; as for example, those instructions which are issued as a supplement to the legislative powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour. in terms of Clause (1) of Article 77 of the Constitution of India. The necessity as regards determination of the said question has arisen as Parliament has not chosen to enact a statuteStatute A formal written legal enactment by a sovereign law-making body (Νόμος) > National Constitutions > National Laws > Indian Laws which would confer at least a statutory right upon a citizen of India to fly the National Flag. An executive instruction issued by the Appellant herein can any timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ be replaced by another set of executive instructions and thus deprive IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more citizens from flying National Flag. Furthermore, such a question will also arise in the event if it be held that right to fly the National Flag is a fundamental or a natural right within the meaning of Article 19 of the Constitution of India; as for the purpose of regulating the exercise of right of freedom guaranteed under Articles 19(1)(a) to (e) and (g) a law must be made. Flag Code is not a statute; thereby the fundamental right under Article 19(1)(a) is followed to the extent it provides for preservation of dignity and respect for the National Flag. The right to fly the National Flag is not an absolute right. The freedom of expression for the purpose of giving a feeling of nationalism and for that purpose all that is required to be done is that the duty to respect the Flag must be strictly obeyed. The pride of a person involved in flying the Flag is the pride to be an Indian and that, thus, in all respects respect to it must be shown. The State may not tolerate even the slightest disrespect.
In the matter of Karan Johar v. Union of India, (2003) 8 SCCSCC Supreme Court Cases 717 wherein this Court directed in public interest litigationPublic Interest Litigation It includes litigation the subject matter of which is a legal wrong or a legal injury caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons is, by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the Court, for relief, and for redressal of which any member of the public not having any personal interest in the subject-matter presents an application for an appropriate direction, order or writ in this Court under Article 226. Notwithstanding anything contained above, in any appropriate case, though the petitioner might have moved a Court in his private interest and for redressal of personal grievances, the Court in furtherance of the public interest involved therein may treat the subject of litigation in the interest of justice as a public interest litigation. that the film Kabhi Kushi Kabhi Gham shall not be shown in any theatre unless the scene which depicts the national anthem is deleted and it was further directed to withdraw the film from all cinema halls and the theatre-owners are restrained from showing the film in its present form and to withdraw the certificate unless deletion is effected, Hon’ble Apex Court also observed that the national anthem exhibited in the course of exhibition of newsreel or documentary or in a film, the audience is not expected to stand as the same interrupts the exhibition of the film and would create disorder and confusion, rather than add to the dignity of the national anthem. The order passed by this Court was suspended by the Hon’ble Apex Court Vide judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) dated 19/04/04 reported in Karan Johar Vs. Union of India (UOI) and Others, in the same matter the Hon’ble Apex Court has observed that in view of the instructions issued by the Government of India that the national anthem is exhibited in course of the exhibition of a newsreel or documentary, the audience is not expected to stand, as the same would cause disorder and confusion rather than add to the dignity of the National Anthem. The appeal is allowed.
In the matter of Ganesh Lal Bathri v. State of M.P. Reported in 2003(2) JLJ 296 wherein this Court in a case where there was a bona fide mistake in tying the national Flag in reverse position held that no case for trial is made out and the accused is entitled to be discharged.
From perusal of the photographs of coffins which has been produced by the Petitioner from the magazine ‘India Today’ it appears that the coffins were wrapped by the flag. The saffron side of the flag was used horizontally, while as per Clause 3.58 of the Code it ought to have been vertically towards head side of the coffin. Since the Hon’ble Supreme Court has held in so many words that the flag code is not a statute and the certificate was issued by the Central Board of Film Certification to the Petitioner under the Provisions of Cinematography Act, 1952 and complainant does not disclose any of the ingredients of Section 2 of Prevention of Insult to National Honour Act, 1971, this Court is of the view that the learned Trial CourtTrial court Court of original Jurisdiction > the court which examines the evidences for the first time. committed error in taking cognizance against the Petitioner. It will not be out of place to mentioned that neither in the complaint nor in the evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 adduced by the Respondent none of the ingredients of Section 2 of the Act has been pleaded or provedProved A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists;, so that it can be said that, Respondent has committed an offence. It is true that the demonstration of the Flag in the said film is not in accordance with clause 3.58 of Chapter XI of the Flag Code of, India, 2002. However since the Flag Code of India is not having force of law and there is nothing on record to show the displaying of the flag was to insult the Flag intentionally
