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Q64 (IAS/1996) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

Consider the following statements : No one can be compelled to sing the National Anthem since I. it will be violative of the Right to freedom of speech and expression. II. it will be violative of the Right to freedom of conscience and practise and propagation of religion. III. there is no legal provision obliging any one to sing the National Anthem. Of these statements

Result
Your answer: —  Â·  Correct: C
Explanation

All three statements are correct. In Bijoe Emmanuel v. State of Kerala (Supreme Court, 1986) the Court held that forcing pupils to sing the National Anthem, against their conscientious religious beliefs, violated their fundamental rights — freedom of speech and expression under Article 19(1)(a) and freedom of conscience and the right to practise religion under Article 25(1). The Court explicitly found there was no law or statutory rule compelling anyone to sing the National Anthem and observed that Article 51A(a) is a duty, not a legally enforceable compulsion. The Prevention of Insults to National Honour statute penalizes intentional disruption of anthem-singing, but not mere non-participation by a conscientious objector [1].

Sources

  1. [1] https://globalfreedomofexpression.columbia.edu/wp-content/uploads/2015/12/Emmanuel-v.-State-of-Kerala.pdf
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SIMILAR QUESTIONS

CDS-I · 2005 · Q38 Relevance score: 2.88

Consider the following statements: 1. The National Anthem of India was adopted by the Constituent Assembly on 24th January, 1950. 2. The first political occasion when the National Song of India was sung was the 1896 Session of the Indian National Congress. Which of the statements given above is/are correct ?

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