National Anthem/National Flag – Constitution of India – Art.32 – Petitioner, a public spirited person, sought direction commanding the respondents to take appropriate steps for inculcating in the public a proper sense for paying due respect to the National Anthem – On 30 th November, 2016, Supreme Court passed interim order, inter alia, directing that all cinema Halls shall play the National Anthem before the feature film starts and all present in the hall to oblige and stand up to show respect to the National Anthem – Later, the Court passed another order advising Central Government to bring out requisite notification or circular or rules in this regard – In pursuant thereto, State constituted a Committee by the Notification dated 5 th December, 2017 to look into every aspect including the amendment to the Prevention of Insults to National Honour Act, 1971 and to formulate executive instructions – State contended that till the Committee is looking into the matter, the mandatory order passed by the Court regarding playing of National Anthem in cinema Halls may be modified by making it directory – Held: The Committee appointed by the Central/Union Government shall submit its recommendations to the competent authority in terms of the Notification dated 5th December, 2017, for follow up action – The order passed on 30 th November, 2016, modified to the extent that playing of the National Anthem prior to the screening of feature films in cinema halls is not mandatory, but optional or directory – Since the Committee constituted by the Union government is looking into all aspects of the matter, it shall make its recommendations uninfluenced by the interim directions of Supreme Court – Similarly, the competent authority shall in taking its decision(s) not be constrained or influenced by any of the interim directions – Prevention of Insults to National Honour Act, 1971 Act – ss. 2 and 3 – Public Interest Litigation
National Anthem/National Flag – Constitution of India – Art.32 – Petitioner, a public spirited person, sought direction commanding the respondents to take appropriate steps for inculcating in the public a proper sense for paying due respect to the National Anthem – On 30 th November, 2016, Supreme Court passed interim order, inter alia, directing that all cinema Halls shall play the National Anthem before the feature film starts and all present in the hall to oblige and stand up to show respect to the National Anthem – Interlocutory applications filed, which related to the difficulties faced by the disabled persons – Applicants contended that there has to be some kind of exemption for physically challenged persons or physically handicapped persons – State constituted a Committee by the Notification dated 5 th December, 2017 to look into every aspect including the amendment to the Prevention of Insults to National Honour Act, 1971 Act and to formulate executive instructions – The orders were modified, physically challenged persons or physically handicapped persons exempted from the ambit of the orders – Held: The exemption granted to disabled persons to remain in force till the final decision of the competent authority with regard to each occasion whenever the National Anthem played or sung – Rights of Persons with Disabilities Act, 2016 – Public Interest Litigation.
Constitution of India – Art. 51A(a) – Citizens or persons are bound to show respect as required under executive orders relating to the National Anthem of India and the prevailing law, whenever it is played or sung on specified occasions.
Disposing of the writ petition, the Court
HELD : 1. On a perusal of the s.3 of the Prevention of Insults to National Honour Act, 1971, it is clear that no one can intentionally prevent the singing of the National Anthem or cause any disturbance to an assembly engaged in such singing. It is a penal provision. The Orders relating to the National Anthem deal with playing of the anthem, mass singing of the anthem, playing of foreign anthems and general provisions. [Para 24] [1160-C-D]
2. On a careful reading of the s.3, it is clear that the said Order states that it is not possible to give an exhaustive list of the occasions. It further lays down that there is no objection to the singing of the National Anthem accompanied by mass singing so long as it is done with due respect as a salutation to the motherland and maintenance of the proper decorum. Thus, three aspects are obvious: First the National Anthem is not only to be respected, but it is a respect as a salutation to the motherland; second, the list of occasions cannot be exhaustively stated; and, third, proper decorum has to be maintained when the National Anthem is played or sung. [Para 25] [1160-F-G]
3. There is no shadow of doubt that one is compelled to show respect whenever and wherever the National Anthem is played. It is the elan vital of the Nation and fundamental grammar of belonging to a nation state. However, the prescription of the place or occasion has to be made by the executive keeping in view the concept of fundamental duties provided under the Constitution and the law. [Para 30] [1162-H; 1163-A]
Bijoe Emmanuel and Others v. State of Kerala and Others AIR 1987 SC 748 : [1986] 3 SCR 518 – relied on.
Union of India v. Naveen Jindal and Another (2004) 2 SCC 510 : [2004] 1 SCR 1038 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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