Context:
Recently, the Tamil Nadu Governor walked out of the Legislative Assembly on the first session’s opening day, citing the absence of the national anthem before his scheduled address.
State Assembly Practices
- Tamil Nadu
- State Anthem (“Tamil Thai Vazhthu”) played before Governor’s address.
- National Anthem played at the end of the session.
- Convention followed since 1991.
- Nagaland: National Anthem not played in Assembly until 2021.
- Tripura: National Anthem played for the 1st time in 2018.
Practice in Parliament
- National Anthem played when the President reaches the dais.
- Presiding Officers, members, and visitors stand during the anthem and resume their seats as the President sits.
- After the address, President rises, and the National Anthem is played again.
Key Supreme Court Judgments:
- Bijoe Emmanuel v. State of Kerala (1986) – The case involved students who were expelled from school for not singing the National Anthem, and the court ruled in their favor.
- Jehovah’s Witness students refused to sing the anthem but stood respectfully.Supreme Court ruling: Expelling them violated their freedom of conscience and religion (Article 25).
- Emphasized tolerance and respect for diverse beliefs.
- Shyam Narayan Chouksey v. Union of India (2018)
- Interim Order (2016): Directed cinema halls to play the National Anthem before films, requiring audiences to stand.
- Modified Order (2018): Made playing the anthem optional in cinema halls.
About National Anthem:
- National Anthem of India: “Jana Gana Mana” written by Rabindranath Tagore in Bengali.
- Adopted in Hindi version on 24th January 1950 by the Constituent Assembly.
- Playing Time: 52 seconds for the full text, 20 seconds for the short version (first and last lines).
Historical Context of the National Anthem:
- First Sung: 27th December 1911 at the Indian National Congress session in Kolkata.
- Melody: Inspired by Raag Alhiya Bilawal.
- English Interpretation: “The Morning Song of India” by Rabindranath Tagore in 1919.
Legal Frameworks:
- Article 51(A)(a): Citizens must respect the National Anthem, National Flag, and other national symbols.
- Prevention of Insults to National Honour Act, 1971 – Section 3: Punishment for preventing singing or showing disrespect to the National Anthem includes imprisonment up to three years, a fine, or both.
Ministry of Home Affairs (MHA) Guidelines:
- When to Play the Full Version:
- Civil and military investitures.
- National salute to the President or Governors.
- Parades, flag hoisting, and regimental colour presentations.
- Arrival and departure of the President or Governors at formal state functions.
- Before and after the President addresses the nation.
- Mass Singing:
- During flag unfurling.
- Cultural or ceremonial functions.
- Arrival or departure of the President at public functions.
- General Conduct: Audiences must stand to attention when the National Anthem is played, except in newsreels or documentaries.
Source: TH
Previous Year Question
Consider the following statements in respect of the National Flag of India according to the Flag Code of India, 2002:
Statement-I: One of the standard sizes of the National Flag of India is 600 mm * 400 mm.
Statement-II: The ratio of the length to the height (width) of the Flag shall be 3:2.
Which one of the following is correct in respect of the above statements?
[UPSC Civil Service Exam – 2023 Prelims]
(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct
Answer: (d)
Explanation:
Statement 1 is not correct. The standard sizes of the National Flag of India does not include the dimension 600*400mm.