UPSC Prelims 1996 · General Studies
Question 64: Polity and Governance
Consider the following statements: No one can be compelled to sing the National Anthem since I. It will be violative of the Right to freedom of speech and expression. II. It will be violative of the Right to freedom of conscience and practise and propagation of religion. III. There is no legal provision obliging any one to sing the National Anthem. Of these statements
AnswerThe answer is (c).
In Bijoe Emmanuel v. State of Kerala (1986) the Supreme Court held that students who stood respectfully during the anthem but did not sing it out of religious conviction could not be punished: compelling anyone to sing would violate free speech (Article 19(1)(a)) and freedom of conscience and religion (Article 25). No law requires singing; the Prevention of Insults to National Honour Act, 1971, punishes only preventing the singing or disturbing it. So I, II and III.
- I. Compelled singing would violate freedom of speech and expression, which includes the right to stay silent.
- II. It would violate freedom of conscience and religion.
- III. No law obliges anyone to sing the anthem; the 1971 Act only punishes preventing or disturbing its singing.
Why each option is right or wrong
- (a) Leaves out III, which is also correct.
- (b) Leaves out I, which is also correct.
- (c) Right: all three reasons hold.
- (d) All three statements are correct, so this cannot be right.
Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 1996, General Studies. UPSC's own paper isn't online; the words are from a published compilation. The paper on upsc.gov.in.