Case BriefsSupreme Court

Supreme Court: In the application seeking recall of the order dated 30.11.2016 where the bench of Dipak Misra and Amitava Roy, JJ held that all cinema halls to play National Anthem, with the National Flag on the screen, before the film starts, the 3-judge bench Dipak Misra, CJ and AM Khanwilkar and Dr DY Chandrachud, JJ said:

“the Central Government should take a call in this regard and, if necessary, as advised, may bring out the requisite notification or circular or rules.”

The Court, however, clarified that the discretion rests with the Central Government and it is to be exercised without being influenced by the interim order. The bench placed the matter for next hearing on 09.01.2018.

Attorney General KK Venugopal, arguing in favour of making it compulsory to stand in the Cinema Halls when the National Anthem is played before the movie, said:

“because of the vast diversity in the country based on religion, race, caste and even region, it becomes necessary to have uniformity which should be cultivated by playing the National Anthem so that when people come out from the cinema halls, instilling the belief that they are all Indians.”

On 30.11.2016, the bench of Dipak Misra and Amitava Roy, JJ said that it is the sacred obligation of every citizen to abide by the ideals engrafted in the Constitution and one such ideal is to show respect for the National Anthem and the National Flag. [Shyam Narayan Chouksey v. Union of India,  2017 SCC OnLine SC 1244, order dated 23.10.2017]

Case BriefsSupreme Court

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]