Article 19(1)(a), 19(2)-Right to fly National Flag by Indian citizens Held: Right to fly National Flag freely with respect and dignity is a fundamental right within the meaning of Article 19(1)(a)-However, such right is not an absolute right but a qualified one-It is subject lo reasonable restrictions under Article 19(2)-Act of 1950 and Act of 1971 regulates and control the use of National flag-Emblems and Names (Prevention of Improper Use) Act, 1950-Prevention of Insults to National Honour Act, 1971. 

Article 13(3)(a)-Flag Code, whether law-Held: Flag Code contains executive instructions of the Central Government and as such not 'law' within the meaning of Article 13(3)(a)-For the purpose of Article 19(2) it cannot restrictively regulate the free exercise of right of flying the National Flag-However, Flag Code provides for preserving respect and dignity of the National Flag and the same is to be followed-Article 19(1)(a) and 19(2)-Flag Code of India.

Article 19(1) and 51A-Right to fly National flag-Consideration in context of fundamental duties-Held: Every right is coupled with duty-Right to fly National flag is subject to restrictions enumerated in Article 51 A under Part IV-A-However, justifiability or enforceability of Article 51 A not important.

Interpretation of the Constitution-Held: Constitution being a living organ, its ongoing interpretation is permissible-Recourse can be taken to the Directive Principles of State Policy or fundamental duties to balance fundamental/legal rights and regulatory measures/restrictions-Part IV and IVA. 

Constitution of India and Constitution of United States of America:

Rights under-Distinction between-Held: First amendment of the American Constitution confers absolute right of religion and free expression to a citizen whereas Article 19(1)(a) of Indian Constitution confers qualified right of free speech and expression-Further American Constitution approves right of burning the National Flag as an expression of anger but the Indian Constitution does not--Constitution of India, 1950-Article 19(1).