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Decoding the National Anthem controversy

(Source – The Hindu, International Edition – Page No. – 10)

Topic: GS2 – Indian Polity
Context
  • On January 6, Tamil Nadu Governor R.N. Ravi left the Legislative Assembly without delivering his customary address after the National Anthem was not played before his scheduled address.
  • The Governor had previously refused to read out his address last year as well under similar circumstances.

Raj Bhavan’s Allegations

  • The Tamil Nadu Raj Bhavan claimed that “the Constitution of Bharat and the National Anthem were once again insulted in the Tamil Nadu Assembly.”
  • It emphasized that respecting the National Anthem is a fundamental duty enshrined in the Constitution.

Tamil Nadu’s Practice Regarding Anthems

  • In Tamil Nadu, the State anthem, ‘Tamil Thai Vazhthu,’ is played at the beginning of the Governor’s address, and the National Anthem is played at the end.
  • This practice was introduced in July 1991 during the AIADMK government led by Jayalalithaa and Governor Bhishma Narain Singh.
  • Prior to this, the Governor would enter the House, deliver the address, and leave without playing either anthem.

Practice in Other States

  • Different states follow varying conventions. In Nagaland, the National Anthem was played for the first time in February 2021 during Ravi’s tenure as Governor.
  • Similarly, Tripura first played the National Anthem in March 2018.

Tamil Nadu Governor Nnational Flag

 Constitutional Provisions and Legal Practices:
  • Constitution of India: Section 51(A)(a) mandates citizens respect the Constitution, National Flag, and National Anthem.
  • Ministry of Home Affairs Order: The National Anthem must be played on formal occasions such as civil/military investitures, presidential arrivals, and state functions.
  • Judicial Interpretation: The Madras High Court dismissed a petition that sought punishment for not playing the National Anthem at a function in Madurai.
  • Supreme Court’s Ruling: There is no legal mandate to play the National Anthem; it is a customary practice, not a compulsory act.
  • No Legal Consequence: The court emphasized that failing to play the National Anthem does not warrant legal action.
Practice Question:  Examine the constitutional provisions and practices related to the playing of the National Anthem in official functions and their legal implications in India. (150 Words /10 marks)

 

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