NEW DELHI: FEB 17,
“There is no concept of a ‘national song’,” the Supreme Court observed on Friday.
The court rejected a plea to direct the Central government to frame a national policy under Article 51A (fundamental duties) of the Constitution to promote and propagate the National Anthem, the National Flag and a ‘national song’.
“Article 51A only mentions the National Flag and the National Anthem. The Article does not refer to a national song,” Justice Dipak Misra observed in a short order, rejecting the prayer of petitioner Ashwini Upadhyay, a BJP spokesperson. “Therefore, we do not intend to enter into any debate as far as a national song is concerned,” the Bench, also comprising Justices R. Banumathi and S.M. Mallikarjunagou da, observed. The plea by Mr. Upadhyay said that India is a Union of States and not an association or confederation of States.
The court also rejected a prayer to make the rendering of the National Anthem compulsory in offices, courts, legislative houses and Parliament.
However, the court “kept alive” the plea that schools should play or sing the National Anthem on working days.
“Barring the singing of the National Anthem on schools on every working day, other prayers stand rejected,” Justice Misra said.
