National Song: Madras HC Order Flies In The Face of The SC Order

Today’s order of the Madras High Court in K.Veeramani v The Chairman, Teachers Recruitment Board, making it mandatory to play and sing the national song, “Vande Matharam” in all educational institutions, offices and factories, is at variance with the recent Supreme Court order delivered on February 17.In Ashwini Kumar Upadhyay v Union of India, the Supreme Court bench of Justices Dipak Misra, R.Banumathi and Mohan M.Shantagoudar, had declined the prayer of the petitioner to frame a National Policy to promote and propagate the National Song in the spirit of Article 51A of the Constitution. The bench made it clear that Article 51A(a) of the Constitution of India does not refer to National Song. It only refers to National Flag and National Anthem. Therefore, the bench said it did not “intend to enter into any debate as far as the National Song is concerned”.Interestingly, Justice M.V.Muralidaran of the Madras High Court, who delivered today’s order making it mandatory to play and sing National Song, cites the Supreme Court’s interim order in Shyam Narayan Chouksey v Union of India, delivered last year, wherein the playing of National Anthem in all cinema halls across the country before the start of the movie was made mandatory.Justice Muralidaran, however, does not refer to the Supreme Court’s February 17 order this year in Ashwini Kumar Upadhyay case. In this case, the petitioner had also prayed for directions to the authorities to explore whether playing and singing of National Anthem and National Song in all the schools every day could be feasible. Here, the Supreme Court bench did not intend to exclude National Song from the plea, and tagged it with the pending National Anthem case for a detailed hearing.Unlike the Supreme Court, however, the Madras High Court appears not inclined to force the unwilling people to sing National Song, adding that those who are so unwilling, may avoid singing if there are “valid reasons for not doing so”. The question, however, remains who has to decide whether there are valid reasons for not singing, and what reasons would qualify as valid reasons.

National Song: Madras HC Order Flies In The Face of The SC Order

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