SC: There Are Only National Anthem And Flag No National Song


The court discarded an appeal to direct the Central government to enclose a national policy under article 51A i.e. fundamental duties of the constitution to encourage and make obligatory the National Anthem, national song, and the national flag.

‘There is no concept of a national song’ the Supreme Court observed yesterday. Justice Dipak Misra observed in a petite order refusing the prayer of petitioner Ashwini Upadhyay a BJP spokesperson,’ Article 51A only mentions the National Flag and the National Anthem. The Article does not refer to a national song. The bench including Justices R. Banumathi and S.M Mallikarjunagouda also observed and alleged that ‘therefore, we do not propose to enter into any debate as far as the national song is concerned’.

The request by Mr. Upadhyay alleged that India is the Union of States and not a connection or confederation of states. The court also discarded a prayer to construct the rendering of the National Anthem compulsory in offices, courts, legislative houses and parliament. On the other hand, the court ‘kept alive’ the statement that schools should play or sing the national Anthem on running days. Justice Misra alleged that ‘Barring the singing of the national anthem on schools on each working day, other prayers stand rejected’.

During the consideration, Mr. Vikas Singh argued that it is a subject which the government should seem into as ‘even our legislators do not know what the National Anthem is and what is the National Song’. It should be the component of the curriculum in schools and there should be a sense of Patriotism in the midst of the children’.

The apex court alleged that ‘We have moved along to make clear when we have kept the prayer alive that does not mean that we have uttered any opinion on the same’. For the duration of the hearing Vikas Singh, the senior advocate who was appearing for petitioner Ashwini Kumar Upadhyay alleged that one of the prayers in the entreaty for surrounding of a national policy was analogous to the issue which is pending before the apex court.

Prior year on 30th November the apex court structured cinema halls crosswise the nation to mandatorily play the National Anthem prior to the screening of a movie when the audience must stand and show admiration. He alleged that ‘It should be an ingredient of the prospectus in educational institutions and there should be a consideration of patriotism among the children’.

The array had come on the PIL filed by Shyam Narayan Chouksey in search of guidelines that the National Anthem should be played in cinema halls all over the country previous to a movie commences and proper standards and etiquette be fixed on the subject of its playing and singing at official gatherings and programmes where those holding constitutional office are in attendance. The apex court while ephemeral a skid of directions had also observed that ‘time has come when citizens must comprehend they live in a nation and are obligation vault to show respect to the National Anthem which is a symbol of constitutional patriotism and intrinsic national quality’.

The preceding week the apex court clarified that the viewers need not stand when the National Anthem is sung or played in the storyline of a feature film or a division of a newsreel or any documentary.


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