Did Congress & Communists unfurl national flag defying national code before 2002?
June 5, 2026
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Home Bharat

Did Congress & Communists unfurl national flag defying national code before 2002?

Under the leadership of then-Prime Minister Atal Bihari Vajpayee, the Flag Code of India was amended, allowing the Indian flag to be unfurled by any citizen or organisation, albeit with certain restrictions

Subhi VishwakarmaSubhi Vishwakarma
Aug 13, 2024, 08:15 pm IST
in Bharat, RSS News
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A Swayamsevak hoisting national flag (Image Source: Vishwa Samvad Kendra)

A Swayamsevak hoisting national flag (Image Source: Vishwa Samvad Kendra)

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The Rashtriya Swayamsevak Sangh (RSS), an organisation with a legacy of nearly a century, has long been a symbol of unwavering service to the nation. Despite its extensive contributions, the RSS has often found itself at the receiving end of baseless accusations, particularly from political opponents like the Communist, Congress party and others. One such recent allegation revolves around the RSS’s use of the Saffron flag (Bhagwa Dhwaj) at its offices instead of the tricolour. This claim aims to tarnish the organisation’s image without any foundation.

The Flag Code

To address these accusations, it’s crucial to delve into the history of the Indian National Flag and its regulations.

Prior to 2002, the hoisting of the Indian flag was restricted to government offices, and private entities (private property & party offices) were not allowed to display it. This regulation meant that organisations like the RSS, which were not government bodies, naturally did not hoist the Tricolor at their offices. This was not an act of defiance but a compliance with the laws of the time.

Under the leadership of then-Prime Minister Atal Bihari Vajpayee, the Flag Code of India was amended, allowing the Indian flag to be unfurled by any citizen or organisation, albeit with certain restrictions.

The Indian flag is more than just a piece of cloth; it embodies the collective hopes, aspirations, and pride of the Indian people. The Flag Code of India, 2002, alongside the Prevention of Insults to National Honour Act, 1971, governs the display, use, and hoisting of the Tricolor, ensuring that its dignity is upheld at all times.

Significant changes to the Flag Code have been made in recent years. On December 30, 2021, an amendment allowed the National Flag to be made from polyester or machine-made fabrics, broadening the range of materials used for its production. Furthermore, on July 19, 2022, the code was further revised to permit the flag to be flown day and night when displayed publicly or on private residences, marking a departure from earlier restrictions. This change also led to nationwide campaigns like “Har Ghar Tiranga,” encouraging every Bhartiya to proudly display the national flag.

According to a circular issued on July 18, 2023, the national flag, a symbol of the nation’s hopes and aspirations, must be treated with the highest respect. Despite this, there is a notable lack of awareness regarding the laws and guidelines governing its display. Paper flags are permitted for use during national, cultural, and sports events, but they must be disposed of in a private and dignified manner afterwards. The circular also directs for the implementation of a mass awareness campaign to promote proper respect for the flag.

It is important to note that Congress leader Jairam Ramesh has been making false accusations against the RSS regarding the hoisting of the Tricolour, especially in response to the Prime Minister’s Har Ghar Tiranga initiative.

Ramesh referred to the PM as “non-biological” and recounted the RSS’s contentious history with the national flag, claiming that the RSS did not regularly hoist the Tricolour at its headquarters until 2001, when three youths forcibly hoisted it, resulting in them being booked for this “crime.” However, in making this claim, Ramesh misled his readers by presenting only part of the story. The reality is that the RSS was not allowed to hoist the flag at its offices before 2002 due to legal restrictions, not because of any reluctance on their part.

In light of these amendments, the RSS has regularly hoisted the Tricolor at its offices during national events such as Independence Day, Republic Day, and other significant occasions. While the Bhagwa Dhwaj remains a symbol of their spiritual and organisational ethos, the Tricolor holds its rightful place of honour, reflecting the RSS’s respect and pride for the nation.

Legal Battles Fought 

It is also important to acknowledge the legal battles that paved the way for the widespread hoisting of the national flag by private citizens and institutions. A landmark case in 1995, involving Navin Jindal, highlighted the restrictions on flag hoisting. Jindal’s efforts to display the Tricolor at his factory in Raigarh, Chhattisgarh (then Madhya Pradesh), were initially met with resistance from local authorities. However, after a prolonged legal struggle, the Supreme Court of India upheld his right to hoist the national flag, leading to a significant change in how the flag could be displayed across the country.

But do Congress and the Communists truly share the same sentiments as the RSS?

CPI (M)’s Decade-Old Journey

On August 15, 2021, the Communist Party of India (Marxist) (CPM) made a shift by unfurling the Indian Tricolor at their state headquarters on Alimuddin Street, Kolkata. This gesture marked a significant turn in the party’s journey of over seventy years, a journey that began with the party’s vocal scepticism towards India’s independence in 1948, famously declaring “ye azadi jhooti hai” (“this freedom is a lie”).

The decision to display the national flag at CPM offices was made during a three-day virtual meeting of the party’s central committee, which concluded just before Independence Day.

Traditionally, neither the CPM nor its predecessor, the undivided Communist Party of India (CPI), formally celebrated Independence Day after 1949. The CPM, in particular, had refrained from displaying the flag at its offices until this recent decision. Although the CPI occasionally marked Independence Day with seminars and special meetings, neither party had ever made a practice of hoisting the national flag at their party offices.

This shift occurred for the first time on August 15, 2021, when CPM offices across India, including in Kerala, participated in the flag-hoisting ceremony. While some regional party units had celebrated Independence Day in the past, this marked the first instance of a nationwide policy to do so.

National Flag or Congress’ Flag?

The Congress (INC) has had a deeply intertwined relationship with the Indian Flag, frequently adopting the Tricolour as its own emblem, particularly during the struggle for independence.

The Indian National Flag, as it is recognised today, was not the first banner connected with the Congress. The original flag, known as the “Swaraj Flag,” was designed by Pingali Venkayya in 1921 and endorsed by Mahatma Gandhi. This flag, featuring horizontal stripes of red, green, and white, represented various Indian communities—Hindus, Muslims, and others—and included a charkha (spinning wheel) at its centre, symbolising self-reliance and the swadeshi movement that Gandhi advocated.

As time passed, this flag became closely tied to the Indian National Congress. During the 1920s and 1930s, the Congress extensively utilised the Tricolour in its political activities, making it a powerful symbol of resistance against British colonial rule. Leaders such as Jawaharlal Nehru and Sardar Vallabhbhai Patel often hoisted the flag at protests and rallies, frequently.

The flag’s significance as a symbol of national unity and resistance was further solidified during the Salt March of 1930. Gandhi led the marchers from Sabarmati Ashram to Dandi to protest the British salt tax, and the sight of the Tricolour carried by thousands of Indians became an image of the freedom struggle.

The Quit India Movement of 1942 saw the Congress further entrench its association with the Indian National Flag. This movement, which demanded an end to British rule, saw the widespread use of the Tricolour in protests and uprisings across the country.

Following India’s independence in 1947, the Tricolour was officially adopted as the national flag by the Constituent Assembly on July 22, 1947. The design retained the horizontal stripes of saffron, white, and green, but replaced the charkha with the Ashoka Chakra, a 24-spoke wheel, at the centre. Despite the flag becoming the official emblem of the Republic of India, the Congress continued to be closely associated with it and kept using it, rather as a party symbol.

In the post-independence era, the Congress’s use of the national flag as a party symbol became controversial. Critics accused the party of conflating its identity with the nation’s, using the flag to assert its political dominance.

The debate over the flag’s use by political parties like Congress led to legal and constitutional discussions. The Prevention of Insults to National Honour Act, 1971, and the Flag Code of India, 2002, were introduced to establish guidelines for the proper use and display of the national flag, emphasising its role as a symbol of national pride rather than a party emblem.

How Fair is Their Questioning RSS?

The RSS has consistently placed the nation and its symbols at the core of its mission. For the Sangh, the Tricolour represents more than just a flag; it embodies Bharat’s rich cultural heritage, the sacrifices made throughout history, and the promise of its future. The Sangh’s deep reverence for the Tricolour is closely linked with its unwavering devotion to Bharat Mata (Mother India), a dedication that has remained steadfast despite various challenges and criticisms.

As for evaluating the integrity and commitment of the Swayamsevaks, who are renowned for their selfless service, readers can make their own judgments.

Topics: RSS and TricolourRSS and nationalismRSS hoisting flag at officesCongressRSSCPIMIndian Flag
Subhi Vishwakarma
Subhi Vishwakarma
Subhi Vishwakarma is a journalist known for her reporting on issues such as forced religious conversions, organised missionary and Islamist networks, and grooming gangs. Her political coverage from Jharkhand and West Bengal has garnered significant attention for its depth and ground-level insights. In addition to her work on anti-Bharat activities, she also writes extensively on education, law, and broader social issues. She has previously been associated with SwarajyaMag, Sewa Nyaya Utthan Foundation, and Gems of Bollywood. She can be followed on X at @subhi_karma. [Read more]
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