Orally noting that “there is no concept of National Song”, the Supreme Court has refused to intervene in a petition seeking a direction to the government to frame a national policy to promote and propagate the ‘National Song’, along with the National Anthem and the National Flag.
A Bench of Justices Dipak Misra, R. Banumathi and Mohan M. Shantanagoudar, in a short order, said it should be clearly noted that Article 51A (a), citing the citizens’ fundamental duties, does not refer to ‘National Song.’
“It only refers to National Flag and National Anthem,” the order observed.
Article 51A(a) mandates that citizens should abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
“Therefore, we do not intend to enter into any debate as far as the National Song is concerned,” the Supreme Court concluded.
The petition, filed by advocate Ashwini Upadhyay, had contended that a national policy should be framed “in the spirit of Article 51A to achieve the great golden goals, as set out in the Preamble of the Constitution of India.”
The petition also sought the court to “ascertain the feasibility of singing/playing the National Anthem and National Song in the Parliament/Assembly, public offices, courts and schools on every working day.”
The court “kept alive” the portion of the prayer regarding schools, but dismissed it as far as other institutions are concerned. However, the court added that this “does not mean that we have expressed any opinion on the same.”