SC Reiterates that Constitutional Morality Cannot Be Ignored
The Supreme Court ruled that while an elected government can shape the scope of the National Song, it cannot violate individual and collective religious freedoms or subject conscientious objectors to penal consequences. The Court emphasized that constitutional morality limits majoritarianism and protects the rights of minorities and dissenters. Compulsory singing of the entire National Song may infringe upon freedom of conscience and speech under Articles 25 and 19(1)(a) of the Constitution.
Key Points
- The National Song is a symbol of unity, but it cannot be used to suppress individual freedoms.
- The State must respect both collective sentiment and the constitutional rights of citizens.
- Article 19(1)(a) guarantees freedom of speech and expression while Article 25 protects freedom of conscience and religion.
- Constitutional morality ensures the protection of fundamental rights, dignity, and equality against majoritarianism.
Exam Facts
- Vande Mataram was written by Bankim Chandra Chatterjee and first published in 1882.
- Article 19(1)(a) provides the freedom of speech and expression.
- Article 25 guarantees the freedom of conscience and free profession, practice, and propagation of religion.
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