| Introduction: Contextual Introduction Body: Highlight the constitutional and procedural significance of playing the National Anthem in legislative assemblies in India. Conclusion: Way forward |
The recent controversy in the Tamil Nadu Legislative Assembly, where Governor R.N. Ravi left the Assembly without delivering his customary address, highlights the interplay of conventions, legal interpretations, and cultural sensitivities regarding the National Anthem.
Constitutional and Procedural Significance
- Expression of Sovereignty and Unity: The National Anthem symbolizes India’s unity, integrity, and sovereignty, as enshrined in the Preamble of the Constitution. Playing it in legislative assemblies signifies the allegiance of lawmakers to the ideals of the Constitution.
- Fundamental Duties: Article 51A(a) of the Constitution enjoins every citizen to respect the National Anthem as part of their fundamental duties. Legislators, as representatives of the people, are expected to uphold this duty, demonstrating respect for national symbols.
- Opening and Closing Sessions: Many state legislatures and the Parliament play the National Anthem at the beginning and end of sessions, symbolizing the solemnity of legislative functions.
- Guidance from the Supreme Court: The judiciary has consistently emphasized that respect for the National Anthem is a constitutional obligation but cannot be enforced in a way that violates individual freedoms (e.g., Bijoe Emmanuel vs. State of Kerala case, 1986).
Legal and Cultural Implications
- Freedom of Expression and Conscience: The right not to participate in the singing of the Anthem, based on personal beliefs, is protected under Article 19(1)(a) and Article 25. This was affirmed in the Bijoe Emmanuel case, ensuring individual freedoms are not undermined.
- Judicial Oversight on Enforcement: Courts have intervened in cases where compulsory playing of the Anthem led to legal disputes, balancing constitutional obligations with personal freedoms (e.g., 2016 SC directive on playing the Anthem in cinema halls, later made optional in 2018).
- Symbol of National Pride: The Anthem fosters a sense of patriotism and solidarity. Playing it in legislative assemblies reinforces its role in shaping collective identity.
- Polarization and Politicization: Compulsory usage or perceived disrespect to the Anthem can be politicized, leading to unnecessary controversies. It risks creating divisions rather than fostering unity.
Conclusion
The National Anthem controversy underscores the tension between customary practices and the constitutional obligation to respect national symbols. A balanced approach that acknowledges regional traditions and promotes national unity within the framework of the Constitution is essential to resolve such controversies.
