National Anthem Order: Testing On The Parameters Of Judicial Ethics, Judicial Process & Indian Constitutional Principles

The order of the Supreme Court in Shyam Narayan Chouksey v. Union of India has been a topic of continuous debate. With an attempt to discuss the merit of the order, this article tests the National Anthem order on the parameters of judicial ethics, judicial process and Indian constitutional principles. We reach the land of mystery when constitution and statute are silent, and the judge must look to the common law for the rule that fits the case… The first thing he does is to compare the case before him with the precedents, whether stored in his mind or hidden in the books … Back of precedents are the basic juridical conceptions which are the postulates of judicial reasoning, and farther back are the habits of life, the institutions of society, in which those conceptions had their origin, and which, by a process of interaction, they have modified in turn.” Section 3 of the Prevention of Insults to National Honour Act, 1971 states: “Whoever intentionally prevents the singing of the Indian National Anthem or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extend to three years, or with fine, or with both.” The supplementary Home Ministry’s Rules, which are to be read with the Act, mandate that one must stand to attention whenever the anthem is played. As per the said article, it is the constitutional duty of every Indian citizen “to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem”. The reasoning in the National Anthem Indian Constitutional Principles The National Anthem Order is also a topic of debate as it has tried to introduce a new doctrine in Indian jurisprudence, i.e.