Respecting the National Song is not a fundamental duty under Article 51-A of the Constitution

Case :

Ashwini Kumar Upadhyay v. Union of India,

2017 SCC Online SC 144, order dated 17.02.2017

Facts:

It was prayed in this writ petition before the Supreme Court, that a National Policy be framed to promote and propagate the National Anthem, National Song and National Flag in spirit of the Article 51-A to achieve the goals set out in Preamble of the Constitution of India.

Issues:

The issue before the court was whether a National Policy be framed to promote and propagate the National Anthem, National Song and National Flag in spirit of the Article 51-A to achieve the goals set out in Preamble of the Constitution of India.

Held:

The 3-Judge Bench consisting of Dipak Misra, R.Banumathi and Mohan M. Shantanagoudar, JJ stated  that Article 51-A of the Constitution of India does not talk about ‘National Song’ and only respect towards the National Anthem and National Flag is a fundamental duty.

However, the Court agreed to hear petition on other aspects, including the  singing or playing of  National Anthem and National Song in Schools and other places on every day and tagged it with Shyam Narayan Chouksey v. Union of India, 2017 SCC OnLine SC 129, which relates to a similar matter.

Learning outcome:

Respecting the National Song is not a fundamental duty under Article 51-A of the Constitution of India.

 

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