Why in news
- The Supreme Court issued notice to the Union government on a petition challenging the Prevention of Insults to National Honour (Amendment) Act, 2026.
- The petitioner argued that mandatory directives concerning national symbols must adhere to fundamental freedoms under Article 19 and Article 25.
Key terms
Bijoe Emmanuel Case (1986)
Supreme Court ruling that standing respectfully during the National Anthem without singing is protected under Article 25.
Article 25
Constitutional provision guaranteeing freedom of conscience and free profession, practice, and propagation of religion.
Article 51A
Constitutional provision listing Fundamental Duties of citizens, including respecting the National Flag and Anthem.
Freedom of Speech and Expression
Fundamental Right under Article 19(1)(a) which includes the right to remain silent.
What is the parent Act?
- The Prevention of Insults to National Honour Act, 1971 penalises disrespect towards national symbols, including the National Flag and Constitution.
- It was enacted under Article 51A(a) to enforce fundamental duties, administered by the Ministry of Home Affairs.
Key provisions and constitutional issue
- The 2026 Amendment Act sought to expand statutory compliance obligations around national songs and symbols.
- Before: Judicial precedents, such as Bijoe Emmanuel v. State of Kerala (1986), affirmed that standing respectfully without singing satisfies constitutional respect if religious conscience forbids singing.
- After: Legal challenges assert that criminalising non-compliance infringes Article 25 freedom of conscience and Article 19(1)(a) freedom of speech.
Why it matters
- Clarifies the boundary between Fundamental Duties under Article 51A and enforceable Fundamental Rights under Part III of the Constitution.
- Tests the legal distinction between positive compulsion to perform an act and negative duty to refrain from disrespect.
Prelims facts
- Prevention of Insults to National Honour Act, 1971 covers the National Flag, Constitution, and National Anthem.
- Fundamental Duties under Article 51A are non-enforceable unless backed by parliamentary legislation.
Mains discussion
- Examine the balance between enforcing Fundamental Duties and protecting Fundamental Rights under Part III.
- Discuss the legal doctrine regarding the right to remain silent under Article 19(1)(a) and Article 25.
Source: Hindu Business Line
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