Insert National Song in the Fundamental Duties

 

Insert National Song in the Fundamental Duties

During the  debates in the Constituent Assembly  Dr Ambedkar talked about Constitutional morality asmuch as  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- Jan Gan Man upholding the spirit of Fundamental Duties in Part IV A of the Constitution of India ,Article 51A(a) enumerates the duty of every citizens of India 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  provides for imprisonment for a term which may extend to three years, or with fine, or with both .For repeated offence there is a provision of imprisonment for minimum  one year. Also the offence being cognizable , an FIR could be registered  for disrespect of the singing of the National Anthem.

But when it comes to singing of the National Song –Vande Mataram a section  of citizens of India, even today after seven decades  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   Central Act 1971 .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 motion  of the Constituent Assembly. Dr Rajendra Prasad,the president of  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”

Hence 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 a constitutional  amendment Also the statutory  protection be introduced to uphold the respect of the National Song by bringing some  amendments in  the  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 as per the existing scheme of law.

 

Insertion of the National Song in the fundamental duties  and the Act 1971 will go a long way in promoting the spirit of patriotism.This can be one of the ways of  celebrating 150 th anniversary of Vande Mataram . 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  Anthem as decided by the Constituent Assembly. This shall be true tribute to National Song of India, which is a symbol of sacrifice , struggle for independence, unity and integrity of India

 

SURYA PRATAP SINGH RAJAWAT

ADVOCATE

RAJASTHAN HIGH COURT