Did Nehru Prevent the RSS from Hoisting the
Tricolour?
One of the most common arguments advanced by RSS supporters is that before
2002 private organisations were not permitted to hoist the National Flag, and
therefore the RSS cannot be criticised for not displaying the Tricolour at its
headquarters. Some political narratives go a step further by suggesting that
Jawaharlal Nehru's government prevented the RSS from hoisting the National
Flag.
The historical record, however, does not support this claim.
Before 2002, the display of the National Flag was indeed regulated by
executive instructions contained in the Flag Code of India. These rules limited
the unrestricted daily display of the National Flag by private citizens and
organisations. However, they did not prohibit patriotic observance of
Independence Day or Republic Day, nor did they prevent any organisation from
recognising or respecting the National Flag adopted by the Constituent
Assembly.
More importantly, the controversy surrounding the RSS is not fundamentally
about the legal ability to hoist the Tricolour. It concerns the organisation's
own published ideological writings during the years immediately following
Independence.
No documentary evidence has been produced to show that Jawaharlal Nehru
specifically prohibited the RSS from hoisting the National Flag. The criticism
contained in the Organiser editorial of 14 August 1947 and Golwalkar's
later writings preceded subsequent political explanations and therefore
constitute primary historical evidence.
RSS Headquarters and the Tricolour
Historical records indicate that the National Flag was hoisted at the RSS
headquarters in Nagpur on 15 August 1947 and 26 January 1950.
Thereafter, it was not routinely hoisted for many decades until 26 January
2002.
Critics argue that this long absence reflected the organisation's
ideological preference for the Bhagwa Dhwaj.
The RSS disputes this interpretation. It maintains that the Bhagwa Dhwaj
has always been its organisational symbol while the Tricolour is the National
Flag deserving of full respect. According to RSS leaders, the controversy has
been exaggerated by political opponents and ignores the legal framework that
governed display of the National Flag before 2002.
The truth is that both facts can coexist. The legal restrictions existed.
Equally, the documented criticism of the Tricolour by early RSS publications
also existed. Serious historical analysis requires acknowledging both rather
than selectively accepting one and ignoring the other.
The Naveen Jindal Judgment
A significant legal development occurred in Union of India v. Naveen
Jindal (2004).
The Supreme Court held that flying the National Flag with dignity and
respect forms part of the freedom of expression guaranteed under Article
19(1)(a) of the Constitution, subject to reasonable restrictions and compliance
with the Flag Code.
The judgment affirmed that the National Flag belongs to every citizen and
is not the exclusive property of the State.
The Government subsequently liberalised the Flag Code, making it easier for
citizens and private organisations to display the National Flag throughout the
year while maintaining dignity and respect.
Although this judgment changed the legal position regarding everyday
display of the Tricolour, it did not alter the historical record concerning
debates that occurred in 1947.
The RSS Today
The RSS today publicly declares its respect for the Indian National Flag
and the Constitution. It has actively participated in national campaigns such
as Har Ghar Tiranga and has repeatedly stated that the Bhagwa Dhwaj is a
cultural and organisational symbol rather than a substitute for the National
Flag.
This represents the organisation's present position.
However, historical scholarship distinguishes between contemporary
positions and historical evidence. The writings published in 1947 and
Golwalkar's observations remain part of India's documented political history. A
change in position over time does not erase earlier ideological debates.
History Should Not Be Selective
The controversy surrounding the RSS and the National Flag illustrates a
broader principle.
History cannot be rewritten according to present political convenience.
If an organisation evolves, that evolution should be acknowledged.
Likewise, its earlier positions should neither be denied nor forgotten.
The documentary evidence demonstrates that important voices within the RSS
expressed dissatisfaction with the Tricolour during the formative years of the
Republic. At the same time, the RSS today accepts and publicly honours the
National Flag.
Both facts belong to history.
A mature democracy should be confident enough to confront historical
disagreements without distortion. Patriotism is strengthened not by suppressing
evidence but by engaging honestly with it.
The National Flag belongs equally to every Indian regardless of ideology,
religion or political affiliation. It derives its legitimacy not from any
organisation but from the Constitution and the collective will of the people
expressed through the Constituent Assembly.
Footnotes and References
· Constituent Assembly Debates (22 July
1947) – adoption of the National Flag.
· Organiser, 14 August 1947 – the
editorial on the Tricolour.
· M. S. Golwalkar, Bunch of Thoughts
– relevant passages on the National Flag and the Bhagwa Dhwaj.
· M. S. Golwalkar, Shri Guruji Samagra
Darshan (where relevant).
· Flag Code of India (pre-2002 and
post-2002).
· Union of India v. Naveen Jindal,
(2004) 2 SCC 510.
· Constituent Assembly Debates on the
National Flag Resolution.
· MHA notifications on amendments to the
Flag Code.
Adv. Siddhartha Shankar
Mishra is an Advocate, Supreme
Court of India, columnist and freelance writer.

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