Note4Students
From UPSC perspective, the following things are important :
Mains level: Debate related to national anthem;
Why in the News?
Tamil Nadu Governor R.N. Ravi walked out of the Legislative Assembly without giving his opening address for the first session of the year, saying the National Anthem was not played before his speech. Last year, he also refused to read his address.
What is the practice followed in the TN Legislative Assembly during and after the Governor’s address?
- Governor’s Address Protocol: Traditionally, the Tamil Thai Vaazhthu (state anthem) is sung at the beginning of the Governor’s address, while the National Anthem is played at the end. This practice was established in July 1991 during the AIADMK government led by Jayalalithaa.
- Recent Incident: Governor R.N. Ravi walked out of the Assembly without delivering his address, citing that only the state anthem was played upon his arrival and not the National Anthem. He expressed that this constituted a disrespect to both the Constitution and the National Anthem.
Is singing the National Anthem mandatory on certain occasions?
- Constitutional Duty: Article 51(A)(a) of the Constitution includes respecting the National Anthem as a fundamental duty of every citizen. However, it does not make its singing or playing mandatory on specific occasions.
- Government Guidelines: The Ministry of Home Affairs’ Orders specify occasions when the National Anthem must be played, such as during civil and military investitures, parades, arrival/departure of the President or Governor, and ceremonial State functions.
- Judicial Clarifications: The courts have observed that while the National Anthem deserves respect, its singing or playing on all occasions is not mandatory unless explicitly specified.
- For instance, during cinema screenings, the Supreme Court ruled that playing the anthem is not obligatory but encouraged.
Can punishment be imposed if it isn’t played at official functions?
- Legal Provisions: The Prevention of Insults to National Honour Act, 1971 penalizes deliberate insult or contempt of the National Anthem with imprisonment up to 3 years, a fine, or both.
- Non-playing or non-singing of the anthem does not attract punishment unless it is a willful act of disrespect.
- Relevant Case Example: In 2019, the Madras High Court dismissed a petition seeking punishment for the non-playing of the National Anthem at an official function, citing the lack of a legal mandate to enforce its singing or playing on all occasions.
Why does the government make the national anthem on major government occasions?
- Fostering Unity and National Pride: Playing the National Anthem at significant government events reinforces a sense of collective identity, unity, and patriotism among citizens. It serves as a symbolic reminder of shared national values and aspirations, transcending regional, linguistic, and cultural differences.
- Respecting Constitutional Ideals: Mandating the National Anthem aligns with Article 51(A)(a) of the Constitution, which enshrines the fundamental duty of every citizen to respect the National Anthem.
- Its inclusion in major events underscores the importance of honouring national symbols and promoting a culture of respect and accountability in public life.
Way forward:
- Establish Uniform Protocols: The government should issue clear and consistent guidelines for playing the National Anthem at official events to avoid confusion and ensure uniformity across states and institutions.
- Promote Awareness and Respect: Conduct awareness campaigns emphasising the significance of the National Anthem as a unifying symbol, fostering voluntary respect and participation without compulsion or controversy.
Mains PYQ:
Q Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC IAS/2022)
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