Debate Over National Anthem

• 10 Jan 2025

Source: TH 

Why in News? 

The Governor of Tamil Nadu left the Legislative Assembly without delivering his customary address on the opening day of the 2025 session citing non-playing of the National Anthem before his scheduled address. 

• This has  triggered a dispute over the ceremonial practices followed in the state legislature. 

National Anthem & National Song 

• The song Jana-gana-mana (national anthem) composed originally in Bangla by Rabindranath Tagore (in 1911). It was adopted in its Hindi version as the national anthem of India.  
  • It was first sung on 27^th December 1911 at the Calcutta Session of the Indian National Congress (INC). 
• The National Song of India is “Vande Mataram",  written by Bankim Chandra Chatterjee.  
  • The song was first written in 1870 and later included in his novel "Ananda" in 1882. It was first sung at the 1896 INC session. 
  • It is a patriotic hymn that represents reverence for Mother India and was a source of inspiration during India's struggle for freedom.  
• Both National Song and National Anthem of India were adopted by the Constituent Assembly on 24th January 1950. 

What are the Protocols and Conventions for Playing the National Anthem? 

• Presidential Address in Parliament: During the President's address, the National Anthem is played as the President reaches the dais. The President then delivers the address and then the National Anthem is played again as the President exits the house in a procession. 
• Governor’s Address to Sate Legislature: Different states in India follow their own conventions regarding the playing of the National Anthem during legislative sessions. 
  • Nagaland: The National Anthem was not played in the legislative assembly for several decades, and it was first introduced in February 2021. 
  • Tripura: The National Anthem was first played in the Tripura Assembly in March 2018, reflecting a recent shift in its ceremonial practices. 
  • Tamil Nadu: It follows a unique convention where the State Anthem, Tamil Thai Vazhthu, is played before the Governor’s address, and the National Anthem is played at the end. 
    • This practice was introduced in 1991,  before which the Governor would simply enter, deliver the address, and leave without such ceremonial practices. 

Playing National Anthem in Cinemas 

• In the case of Shyam Narayan Chouksey vs Union of India (2018), the Supreme Court had initially passed an interim order in 2016, directing all cinema halls in India to play the National Anthem before the start of films, with attendees required to stand.  
• However, in its final judgment in January 2018, the Court modified its stance, stating that the playing of the National Anthem in cinema halls prior to films is not mandatory, but optional. 

What are the Safeguards to Protect the Honour of the National Anthem? 

• Constitutional Perspective: 
  • Section 51 (A) (a) of the Constitution of India dealing with  Fundamental Duties states that “It shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem.” 
• Prevention of Insults to National Honour (PINH) Act, 1971: 
  • PINH Act provides for strict punishment for disrespecting the national anthem and breaking its restrictions with imprisonment for up to 3 years or a fine or both. 
  • A person convicted under the PINH Act, 1971, for offences such as preventing the singing of the National Anthem is disqualified from contesting elections to the Parliament and State Legislatures for a period of 6 years. 
• Ministry of Home Affairs (MHA) Guidelines: 
  • The MHA mandates the playing of the full National Anthem during civil and military investitures, national salutes, parades, formal functions, and the arrival/departure of the President and Governor, as well as during the National Flag's parade and Navy colour hoisting. 

 UPSC Civil Services Examination, Previous Year Question (PYQ) 

Prelims: 

Q. Who among the following is associated with ‘Songs from Prison’, a translation of ancient Indian religious lyrics in English? (2021)

(a) Bal Gangadhar Tilak 

(b) Jawaharlal Nehru 

(c) Mohandas Karamchand Gandhi 

(d) Sarojini Naidu 

Ans: (c) 

Q. What is the number of spokes in the Dharmachakra in the National Flag of India? (2008) 

(a) 16  

(b) 18  

(c) 22  

(d) 24 

Ans: (d)