The National Anthem Controversy

Context: Recently, the Tamil Nadu Governor left the State Legislative Assembly without delivering the customary address on the opening day of the first session of the year. He complained that the National Anthem was not played before his scheduled address.

Relevance of the Topic: Prelims: Key facts about the National Anthem of India. 

Recent Controversy

• As per the Governor office the Tamil Nadu assembly has disrespected the constitution by not playing the National Anthem at the beginning of the governor's address. 
• As per the convention of the Tamil Nadu assembly, the State Anthem (‘Tamil Thai Vazhthu’) is played at the beginning of the Governor’s address. The National Anthem is played at the end of the address. 

**This practice was started in 1991, prior to that there was no practice of playing either of the anthems. 

Is playing the National Anthem – Mandatory or Convention? 

• As of now houses of various state assemblies follow their own convention. Thus, playing the National Anthem is not a mandatory practice.
• In Nagaland, the National Anthem was not played at all for several decades. It was only in 2021 when it was played for the first time.
• In the Tripura assembly, the National Anthem was played for the first time in 2018.

Constitutional Provisions and other directives 

• Section 51 (A) (a) [Fundamental duties] - “It shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem.”
• Orders relating to the National Anthem of India – Ministry of Home Affairs: The full version of the National Anthem shall be played on the following occasions
  1. Civil and Military investitures.
  2. When National Salute to the accompaniment of the National Anthem is given on ceremonial occasions to the President or to the Governor/Lieutenant Governor within their respective States/ Union Territories.
  3. During parades – irrespective of whether any of the dignitaries referred to in (ii) above is present or not.
  4. On arrival of the President at formal State functions and other functions organized by the Government and mass functions and on his departure from such functions.
  5. Immediately before and after the President addresses the Nation over All India Radio.
  6. On arrival of the Governor/Lieutenant Governor at formal State functions within his State/Union Territory and on his departure from such functions.
  7. When the National Flag is brought on parade.
  8. When the Regimental Colours are presented.
  9. For hoisting of colours in the Navy.

** Order further states that “The Anthem shall be played on any other occasion for which special

orders have been issued by the Government of India.”

For the purpose of mass singing of the Anthem- The full version of the Anthem shall be played accompanied by mass singing on the following occasions:

• On the unfurling of the National Flag, on cultural occasions or ceremonial functions other than parades.
• On arrival of the President at any Government or Public function (excluding formal State functions and mess functions) and also immediately before his departure from such functions.
• The Prevention Of Insults To National Honour (PINH) Act, 1971:
  • Section (3) of the Act stipulates punishment for Prevention of singing of Indian National Anthem. 
  • The punishment involves imprisonment for a term which may extend to three years, or with fine, or with both. 
• General conduct by Ministry of Home Affairs, during playing of National Anthem, states that:
  • Whenever the Anthem is sung or played, the audience shall stand to attention. 
  • When in the course of a newsreel or documentary the Anthem is played as a part of the film, it is not expected of the audience to stand.

Supreme Court Cases

• Bijoe Emmanual & Others v. State of Kerala & Ors, 1986
  • In this case, Hon'ble Supreme court (SC) granted protection to three children of Jehovas witness Sect, who did not join in singing of the national anthem but stand respectfully at their school. The court held that forcing the children to sing the national anthem is a violation of their fundamental right to religion.
• Shyam Narayan Chouksey v. Union of India (2018)
  • Petitioner appealed in the Madhya Pradesh High court about disrespect of the National anthem in a Karan Johar movie. HC ordered the removal of the scenes involving the National Anthem.
  • Order was challenged in Supreme Court and Supreme court stated that- when in the course of a newsreel or documentary the Anthem is played as a part of the film, it is not expected of the audience to stand.
  • However, SC passed an interim order that "All the cinema halls in India shall play the National Anthem before the feature film starts and all present in the hall are obliged to stand up to show respect to the National Anthem." 
  • Later, in 2018, the order passed was modified by stating that, playing of the National Anthem prior to the screening of feature films in cinema halls is not mandatory, but optional or directory.

• Madras High Court (2019) - National Anthem was not played during the laying of foundation ceremony for AIIMS building in Madurai in 2019. The function was attended by the Prime Minister, Tamil Nadu Governor and Chief Minister.
  • Madras High Court dismissed a petition seeking directives to the Ministry of Information and Broadcasting for framing rules for imposition of punishment for disobedience in not playing the National Anthem. The high court stated that “there is no mandate for the National Anthem to be sung, and is only a customary practice, mandamus sought against the respondents, cannot be issued.”