Karnataka flag row: Can it be compared in the J&K context?

It cannot be torn, damaged, burnt, or disrespected in any manner. The disposal of a flag should be done as a whole, in private, preferably by burning.

Is there a bar on having a state flag? A controversy has erupted after the Karnataka government constituted a nine member committee to examine the possibility of having a state flag.

The legal position on this very clear. As long as it does not dishonour the National Flag there is no bar on having a state flag. The National Flag Code authorises the use of other flags subject to the regulation by the court.

In this context one must also visit the S R Bommai vs Union of India case of 1994. The Supreme Court had held that federalism is a basic feature of the Constitution and states are supreme in their sphere. Moreover there is no prohibition in the Constitution for the state to have its own flag.

While the flag code specifically authorises the use of other flags, it would however be subject to the regulation by the court.

The flag of Jammu and Kashmir:

While there is no bar on having a state flag, in the case of all states except Jammu and Kashmir the flag is permitted to fly along with the National Flag. In the case of all other states the National Flag will fly higher than the state flag.

In J&K, there is an official flag for the state. It consists of a deep red field, representing labour, charged with a ploughto represent agriculture. Three stripes are found on the hoist side and represent the three geographic regions of the state: Jammu, the Kashmir Valley and Ladakh.

Jammu and Kashmir is the only Indian state permitted to fly its own state flag along with the National Flag. Jammu and Kashmir also has a separate Constitution which works under Article 370 of the Constitution of India. This is due to the state's special status under the Indian Constitution.

The Indian Flag Code:

• The Indian national flag should always occupy a position of honour and should be distinctly placed in any setting.
• When flown over public buildings the national flag should be flown from sunrise to sunset.
• The flag should always be hoisted at a brisk pace and lowered slowly.
• The saffron band must always be displayed the top most band or the right (of the flag) band (in case of vertical display). It is an offence to display the flag in an inverted position (saffron side down).
• Display of a damaged or a disheveled flag is also an offence. The national flag should not be dipped on any occasion.
• The national flag of India should not be used as a festoon or a decoration, or allowed to touch the ground. It is not to be used as an advertisement, garment or wrap of any sort.
• It cannot be torn, damaged, burnt, or disrespected in any manner. The disposal of a flag should be done as a whole, in private, preferably by burning.
• It is also an offence to draw or deface the flag with any inscription or graffiti.
• The Prevention of Insults to National Honour Act, 1971 (amended in 2003) lays down the punishments meted out in case of any disrespect to the flag. The first offence shall attract a prison term of up to 3 years and a fine. Subsequent offences will be punished with imprisonment for at least a year.

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