The central legal point established in the judgment is the need for public awareness and adherence to the provisions of the Prevention of Insults to National Honour Act, 1971 and the Emblems and Names (Prevention of Improper use) Act, 1950 to prevent the misuse of the National Flag.

National Flag represents the spirit of the nation, its tradition and culture and at the same time it always adapts the new tradition, development and well-being of the humanity. Uninterrupted continuity is its character. It also represents the spirit of renunciation. National Flag reminds every Indian the sacrifices made by our men and women in the freedom struggle and the symbol of hopes and dreams of millions of Indians. It symbolises nation's ideals and aspirations. Our soldiers really around this Flag to uphold Indian sovereignty, integrity and unity of the nation. It is a symbol of non-violence and peace to mankind.

2. Pandit Jawaharlal Nehru while moving the resolution to adopt the Flag in the Constituent Assembly on 22nd July, 1947 said as follows:

"Therefore this Flag that I have the honour to present to you is not, I hope and trust, a Flag of Empire, a Flag of Imperialism, a Flag of domination over anybody, but a Flag of freedom not only for ourselves, but a symbol of freedom to all people who may see it. And wherever it may go - and I hope it will go far, - not only where Indians dwell as our ambassadors and ministers but across the far seas where it may be carried by Indian ships, wherever it may not it will bring a message, I hope, of freedom to those people, a message of comradeship, a message that India wants to be friends with every country of the world and India wants to help any people who seek freedom."*

3. The motion made was adopted by the Constituent Assembly standing. Our National Flag which was presented to the Constituent Assembly was hoisted on 15th August, 1947 in the Secretariat building, New Delhi. Flag displayed in the Constituent Assembly is now preserved in the National Museum. It will always remain as a symbol of universal love, peace, progress and prosperity.

4. Ministry of Home Affairs,Government of India, published a Flag Code to make every Indian aware of correct usage regarding the display of the National Flag. I find that there is not much awareness among the people with regard to the instructions given in the said Code. It is the bounden duty of the Government to make people aware of its importance. Wherever the National Flag is flown, it should occupy the position of honour and be distinctly placed. When the Flag is flown on any public building, it shall be flown on that building on all days including Sundays and holidays and it shall be flown from sun-rise to sun-set, irrespective of weather conditions, except otherwise provided in the Code. The Flag may be flown on such a building at night also and this should be only on very special occasions. 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. 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 ban shall be at the father end of the staff. 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. When displayed over the middle of a street, running east-west or north-south, the Flag shall be suspended vertically with the saffron to the north, or to the east, as the case may be. When used on occasions like the unveiling of a statute, the Flag shall be displayed distinctly and separately. The Flag shall not be used as a covering for the statue or monument. When the Flag is displayed alone on a motor car, it shall be flown from a staff which should be affixed firmly to the car in the middle front of the bonnet. When the Flag is carried in a procession or a parade, it shall be either on the marching right, that is the Flag's own right, or if there is a line of other Flags, i