No one can be compelled to sing the National Anthem — UPSC Prelims PYQ 1996

Consider the following statements: No one can be compelled to sing the National Anthem since:

1. It will be violative of the Right to freedom of speech and expression.
2. It will be violative of the Right to freedom of conscience and practise and propagation of religion.
3. There is no legal provision obliging anyone to sing the National Anthem.

Of these statements:

1. 1 and 2 are correct
2. 2 and 3 are correct
3. 1, 2 and 3 are correct
4. None is correct

Explanation

All three statements are correct

• In Bijoe Emmanuel v. State of Kerala (1986), the Supreme Court held that compelling students to sing the National Anthem against their sincerely held religious beliefs infringed upon their Fundamental Rights.
• The Court ruled that such compulsion violates the Right to Freedom of Speech and Expression under Article 19(1)(a) as well as the Freedom of Conscience and the Right to Profess and Practise Religion under Article 25(1).
• Further, the Court observed that there is no law or statutory provision mandating individuals to sing the National Anthem.
• It also clarified that Article 51A(a), which enjoins citizens to respect the National Flag and National Anthem, constitutes a Fundamental Duty and is not enforceable through legal compulsion.
• Additionally, while the Prevention of Insults to National Honour Act penalises the intentional disruption or obstruction of the singing of the National Anthem, it does not criminalise respectful non-participation by individuals acting in accordance with their conscientious beliefs.

Answer: (c) 1, 2 and 3 are correct