Guidelines regarding National Anthem

Reference:

Tamil Nadu Governor R.N. Ravi refused to give the traditional address on the first day of the first assembly session of the year. His argument was that the national anthem was not played before his scheduled address.

Recent Controversy

Raj Bhavan's View:

• Tamil Nadu Raj Bhavan alleges that the Constitution of India and the National Anthem were insulted in the Tamil Nadu Assembly.
• According to this, respecting the national anthem is one of the fundamental duties enshrined in the Constitution, which is generally sung at the beginning and end of the Governor's address in all the Legislative Assemblies (Legislative Assemblies).

Tamil Nadu Government's View:

• According to tradition, the state anthem 'Tamil Thai Vazhthu' is sung at the beginning of the Governor's address and the national anthem is sung at the end of the address.
  • This tradition was started in the Tamil Nadu Legislative Assembly in July 1991 by the AIADMK government led by Jayalalithaa.

Playing of the National Anthem in Parliament and some other state assemblies:

• Each assembly follows its own tradition. For example, the national anthem was not sung in Nagaland for several decades.
  • It was first sung in February 2021 when R.N. Ravi was the Governor of this state.
  • Similarly, the national anthem was sung for the first time in the Tripura Legislative Assembly in March 2018.
• According to parliamentary tradition, the national anthem is played after the President arrives on his dais and after his address.

Constitutional provisions related to the national anthem

According to Article 51(A)(a) of the Indian Constitution relating to fundamental duties, it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals, institutions, national flag and national anthem.

Order issued by Ministry of Home Affairs regarding National Anthem

• The full version of the National Anthem will be sung on the following occasions:
  • Civil and Military Investitures
  • During the National Salute (Formal occasions (Salute) to the President or Governor/Lieutenant Governor in their respective States/Union Territories)
  • During Parades
  • At Formal State Functions and other functions organized by the Government
  • At the arrival and departure of the President at mass functions
  • Just before and after the President's address to the nation on All India Radio
  • At the arrival and departure of the Governor/Lieutenant Governor at formal State functions in his State/Union Territory
  • At the time of bringing the National Flag to the parade
  • At the time of presenting Regimental Colours
  • At the time of flag hoisting in the Navy

Prevention of Insults to National Honour Act, 1971

If anyone intentionally prevents the singing of the National Anthem of India or disturbs any group engaged in such singing, he shall be punishable with imprisonment for a term which may extend to three years or fine or both.  

Penalty for not singing the national anthem in official ceremonies

• On January 29, 2019, the Prime Minister, Governor of Tamil Nadu and Chief Minister attended a ceremony organized to lay the foundation stone of AIIMS building in Madurai. The national anthem and Tamil Thai Vazhthu were not sung in this ceremony.
• Objecting to this, a woman named Vembu filed a petition in the Madras High Court demanding a direction to the Ministry of Information and Broadcasting to make rules, impose penalties and take action against the Chief Secretary for disobeying the national anthem for not playing it.
• The Madras High Court reasoned that it is clear from the representation submitted by the petitioner that singing the national anthem is not an order but only a custom.
  • In such a situation, an order cannot be issued against the respondents.