Question

In which of the following cases the students of a school stood in the line while the National Anthem was sung in their school but did not sing the National Anthem?

• A. Bijoe Emmanuel v. State of Kerala
• B. D.K. Basu v. State of West Bengal
• C. Indira Sawhney \& Others v. Union of India
• D. Maneka Gandhi v. Union of India

Hint:

This case highlights the balance between individual rights and public norms, specifically regarding the National Anthem.

Answer 1

The Correct Option is A

In the case of Bijoe Emmanuel v. State of Kerala, the Supreme Court ruled that students standing in the line during the National Anthem but not singing it was their right to refrain from singing, citing freedom of speech and expression.

Answer 2

The correct answer is Bijoe Emmanuel v. State of Kerala, a landmark judgment delivered by the Supreme Court of India in 1986 that upheld the right to freedom of religion and expression under Article 19(1)(a) and Article 25 of the Constitution.

Case Background:
Three children belonging to the Jehovah’s Witnesses sect were expelled from a school in Kerala for refusing to sing the National Anthem during the morning assembly. Although they stood respectfully while the anthem was being sung, they did not participate verbally because it was against their religious beliefs.

Supreme Court's Ruling:
The Supreme Court held that:
- The students’ conduct of standing respectfully without singing did not constitute disrespect to the National Anthem.
- Forcing them to sing would be a violation of their fundamental right to freedom of religion (Article 25) and freedom of speech and expression (Article 19(1)(a)).
- The Court emphasized the importance of tolerance and accommodation in a pluralistic society like India.

Conclusion:
The case where students stood silently during the National Anthem but did not sing it due to religious beliefs is Bijoe Emmanuel v. State of Kerala, and it remains a landmark judgment on the protection of fundamental rights in India.