Only Constitutional head of states should unfurl National Flag on Republic Day, say experts

The nation is gearing up for the grand celebrations of Indian Republic Day. Since past several years rather than decades, along with the Governor even the Chief Ministers and as well as all Ministers as well as Speakers and Deputy Speakers of both State Assemblies in twin states of Haryana and Punjab (since last year […]

by Ravinder Malik - January 24, 2024, 9:40 am

The nation is gearing up for the grand celebrations of Indian Republic Day. Since past several years rather than decades, along with the Governor even the Chief Ministers and as well as all Ministers as well as Speakers and Deputy Speakers of both State Assemblies in twin states of Haryana and Punjab (since last year even MPs and MLAs too from ruling elite in Haryana) have been unfurling National Flag on the occasion of Republic Day at District Level official functions (read Sub-Division level functions in Haryana since 2023) organized across these States notwithstanding the fact that in the National Capital of Delhi, it is not the Head of Government i.e. the Prime Minister (PM) of India but the Constitutional Head viz. the Head of the State i.e. the President of India who unfurls the Tricolour on Rajpath and then takes salute of the parade.

An Advocate at Punjab and Haryana High Court and expert into such matters Hemant Kumar strongly asserts that even otherwise, since Republic Day commemorates the commencement of Constitution of India, only Constitutional Head of the State means the President of India at the Centre and Governors in the States ought to unfurl the National Flag in lieu of Prime Minister and Chief Ministers/Ministers who otherwise use to hoist the Tricolour on the occasion of 15th August Independence Day.

He further said that till the year 1974, on both Independence Day and Republic Day, it was only the State Governor who used to hoist/unfurl the National Flag both on Independence Day/Republic Day respectively but when then CM of Tamil Nadu, M. Karunanidhi wrote to then PM Indira Gandhi exhorting her that State CMs should too be granted a right to hoist National Flag, then Central Government decided that on the occasion of Independence Day, the State CM would hoist the Tricolour while on Republic Day, State Governor would unfurl the National Flag. However, it is ironic that this protocol is not being followed in certain States of the country including Haryana and Punjab. Hemant recalls that even PM Narendra Modi when he was Gujarat CM from Oct, 2001 to May, 2014, he too use to attend the State Level Republic Day functions of State Governor only where the latter use to unfurl the National Flag and Narender Modi as CM of Gujarat use to escort him and stand by the side of Governor.

Even in the neighboring State of Himachal Pradesh, the Chief Minister remains very much present in the State Level function which is presided over by the State Governor on Republic Day.