Insert National Song in the Fundamental Duties and the Act 1971

Insert National Song in the Fundamental Duties and the Act 1971

We,the people of India,…………….do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. These are the opening words of the preamble to the Indian Constitution .Indian Constitution  was drafted, deliberated, approved and finally signed   by the  members of the Constituent Assembly on 24  January 1950.  The Assembly met for the first time in New Delhi on 9 December 1946, and its last session was held on 24 January 1950.During this period (two years, eleven months and eighteen days) the Assembly held eleven sessions, sitting for a total of 166 days.

The Constituent Assembly became a body fully representative of the states and provinces in India fully sovereign of all extended authority. It could abrogate or alter any law made by the British Parliament  applying to India , including the Indian Independence  Act itself.*The Constitution was the result of a great deal of mutual accommodation, compromise and wide ranging consensus.

It is pertinent to mention that during the debates of the Constituent Assembly  Dr Ambedkar talked about Constitutional morality.In fact, Constitutional morality needs to be inculcated in the citizens of any country. As a matter of fact,Constitutional morality is more than the doctrine of Fundamental Duties . Fundamental Duties could be enumerated like in the  Article 51A of the Constitution of India. On the other hand Constitutional morality encompasses faith in the Constitution. Another aspect of Constitutional morality is respect for rule of law. Respect for rule of law is reflected in obeying the laws made by the legislature like Parliament and State Legislatures in India.

In this back ground it is significant to mention  that a citizen of India finds pride in singing of the  National Anthem upholding the spirit of Fundamental Duties in Part III of the Constitution of India ,Article 51A(a) provides It shall be the duty of every citizens of India-(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

A citizen of India  feels a sense of law abiding citizenship because of the fact that  respecting the singing of National Anthem  has been  provided the legal protection under the  Prevention of Insults to National Honour Act 1971.Section 3  of the Act 1971 provides - Whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance 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 .Section 3 A   provides -Whoever having already been convicted of an offence under section2 or section 3 , is again convicted of any such offence shall be punishable for the second and for subsequent offence , with imprisonment  for a term which shall not be  less than  one year. Reading together of  the Code of Criminal Procedure 1973 First Schedule , (II Classification of offences) and  Section 3 and 3A of  the  Prevention of Insults to National Honour Act 1971 make offence  under Act1971  cognizable, and non bailable offence. This signifies that legally an FIR could be registered at a police station for disrespect of the singing of the National Anthem.

But when it comes to singing of the National Song  a section  of citizens of India, even today after 68 years of Independence, has to summon enough  courage to sing the National Song  .He  fails to attach seal of Constitutional morality to the singing of the National Song .Today ,as per the existing law of the land of India, the National Song  not  been accorded equal place and respect with the National Anthem neither in the form of Fundamental Duties in the Constitution of India nor in the Act 1971 passed by the Parliament.The title of the Act1971  is self explanatory. It suggests that it intends to uphold the respect of entities of National Honour. It mentions the National Anthem, inter alia, but fails to  mention the National Song in the Act. Such arrangement in the laws of India is against the perception of the Constituent Assembly. Rajendra Prasad, who was presiding the Constituent Assembly on 24 January 1950, made the following statement which was also adopted as the final decision on the  National Anthem and National Song:

...The composition consisting of words and music known as Jana Gana Mana is the National Anthem of India, subject to such alterations as the Government may authorise as occasion arises, and the Song Vande Mataram, which has played a historic part in the struggle for Indian freedom, shall be honored equally with Jana Gana Mana and shall have equal status with it. (Applause) I hope this will satisfy members. (Constituent Assembly of India, Vol. XII, 24-1-1950)

 It is worth to mention the historic part  of the Vande Mataram in the struggle for Indian freedom as referred  by Rajendra Prasad in the august Assembly. Vande Mataram  was composed  by BankimChandra Chatterji in his famous novel Anand Math .The  beautiful English rendering of this Song  was given  by Sri Aurobindo - prophet of  nationalism  . It was first sung   by Rabindranath Tagore at the 1896 session of the Indian National Congress. First movie made by Heera Lal Sain ends with the Song of Vande Mataram .Smt. Sarla Devi Chaudharani, niece of. Ravindranath Tagore sang Vande Mataram in 1905 Congress Convention, Banaras, despite ban on its singing by the British Government. Sri Aurobindo started from Bengal an English magazine by the  name ‘Bande Mataram ,in 1908. Sri  Aurobindo published in this paper a series of articles on passive resistance which were later adopted by Mahatma Gandhi for non violent protest against Britishraj. Overseas in 1907, at Stuttgart in Germany, the convention of international socialist congress was to start. Many respectful leaders, Pt. Shyamaji Verma, Madam Cama,Vinayak Sawarkar were to attend it to pass a resolution on the India's freedom, Madam Cama initiated the speech by flouting the 1st modern India Flag with Vande Mataram inscribed on it, at the centre, in Devanagari script. It was for the first time that a flag of proposed independent India was hoisted.  Subhashchandra Bose had adopted this Song for his Indian National Army. It was broadcast in their programs from Singapore radio station. The National Anthem of India , Jana Gana Man,was   written by  Rabindra Nath Tagore  in 1911 and  was first sung on the second day of annual session of Indian National Congress held at Calcutta on 27 December 1911,  on the first day of the session Vande Mataram having been sung as usual .Some lines of Vande Mataram were displayed on the  on stamp released by the Post department in 1976.The resolution was passed by the Parliament of India on the initiative of Ram Naik,Member of Parliament on 23-12-1992 that  every session of Parliament shall close with the music of Vande Mataram.

This citizen of India feels that the Fundamental Duties inserted in the Constitution of India by way of Forty-Second amendment  in 1976 are incomplete without the National Song in the Article 51A(a).It is high time that the National Song be inserted in the Fundamental Duties by way of an amendment under Article 368 of the Constitution of India. Also the legal protection be provided to uphold the respect of the National Song by bringing some  amendments in  the  Prevention of Insults to National Honour Act 1971.There is  a pressing need   to bring about the right perception on the singing of the National Song . Such measures  will put the seal of legitimacy, constitutionality and legal sanctity to our National Song-Vande Mataram in the minds of the citizens of India. Unfortunately these are found wanting on the singing of Vande Mataram.

Insertion of the National Song in the Constitution of India and the Act 1971 will go a long way in promoting the spirit of patriotism. It will send a message of nationalism in the whole country among the present generation especially among the youth.. This shall act as a litmus test for all political parties in India  that on the  issue of the National Song all political parties  are above petty politics. The National Song must get its due place and respect equal to the National l Anthem as decided by the Constituent Assembly on 24 January 1950.

*Our Constitution An Introduction to India`s Constitution and Constitutional Law By SubhashC. Kashyap Ed 2005(page 37)