There is no concept of a โ€˜national songโ€™, observes Supreme Court

โ€œTherefore, we do not intend to enter into any debate as far as a national song is concerned,โ€ 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 โ€˜national songโ€™.

Currently the Article 51A only mentions the National Flag and the National Anthem.

“…The Article does not refer to a national song,โ€ 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 โ€œkept aliveโ€ the plea that schools should play or sing the National Anthem on working days.



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