There is no concept of a ‘national song’, observes Supreme Court

“Therefore, we do not intend to enter into any debate as far as a national song is concerned,” says Bench.

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’.

Currently the 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.

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.



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