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 pro

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Q: 64 (IAS/1996)
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

question_subject: 

Polity

question_exam: 

IAS

stats: 

0,161,267,48,31,161,188

keywords: 

{'national anthem': [3, 1, 3, 0], 'legal provision': [0, 1, 0, 0], 'speech': [4, 1, 3, 9], 'freedom': [1, 1, 2, 2]}

The correct answer is Option 3: I, II, and III are correct.

Statement I: "No one can be compelled to sing the National Anthem since it will be violative of the Right to freedom of speech and expression."

The right to freedom of speech and expression is a fundamental right that is protected by various international human rights instruments and many national constitutions, including the Constitution of India. This right includes the freedom to express one`s thoughts, ideas, and opinions without interference or compulsion from the government or any other entity. Compelling someone to sing the National Anthem would infringe upon their freedom of expression as it forces them to express a particular sentiment or belief. In the case of Bijoe Emmanuel v. State of Kerala (1986), the Supreme Court of India held that the act of not singing the National Anthem does not amount to a disrespect of the nation and is protected under the right to freedom of speech and expression.

Statement II: "No one can be compelled to sing the National Anthem since it will be violative of the Right to freedom of conscience and practice and propagation of religion."

The right to freedom of conscience and the right to practice and propagate religion are also fundamental rights protected by the Constitution of India. These rights ensure that individuals have the freedom to hold and manifest their religious beliefs without any interference or compulsion. Singing the National Anthem may not be in line with the religious beliefs or practices of certain individuals or religious communities. Forcing them to sing the National Anthem would violate their freedom of conscience and their right to practice and propagate their religion. In the landmark case of Shashi Tharoor v. Union of India (2018), the Supreme Court reiterated that the right to not sing the National Anthem is protected under the right to freedom of conscience.

Statement III: "No one can be compelled to sing the National Anthem since there is no legal provision obliging anyone to do so."

This statement is correct as there is no specific legal provision in the Constitution of India or any other legislation that obliges individuals to sing the National Anthem. The Supreme Court of India, in its judgment in Bijoe Emmanuel v. State of Kerala (1986), also stated that there is no enforceable duty on citizens to sing the National Anthem.

In conclusion, all three statements are correct. Compelling someone to sing the National Anthem would violate their rights to freedom of speech and expression, freedom of conscience, and practice and propagation of religion. Moreover, there is no legal provision that obliges individuals to sing the National Anthem.