Respecting the National Song is not a fundamental duty under Article 51-A of the Constitution

Supreme Court: In the writ petition where it was prayed a National Policy be framed to promote and propagate the National Anthem, National Song and National Flag in spirit of the Article 51-A to achieve the great golden goals, as set out in Preamble of the Constitution of India, the 3-Judge Bench of Dipak Misra, R.Banumathi and mohan M. Shantanagoudar, JJ said that Article 51-A of the Constitution of India does not refer to ‘National Song’ and only calls for respect towards the National Anthem and National Flag as a fundamental duty.

However, the Court agreed to hear petition on other aspects, including the feasibility of singing /playing the National Anthem and National Song in Schools on every working day and tagged it with Shyam Narayan Chouksey v. Union of India, 2017 SCC OnLine SC 129, which relates to the similar matter. [Ashwini Kumar Upadhyay v. Union of India, 2017 SCC OnLine SC 144, order dated 17.02.2017]

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