Case Note & Summary
The case involved a writ petition filed by an advocate claiming to act in public interest, seeking a direction to the Union of India to rectify the text of the National Anthem by removing the word 'Sindh'. The petitioner argued that since Sindh is no longer part of India post-partition, its inclusion in the anthem was inappropriate. The court noted that the National Anthem, adopted by the Constituent Assembly, is a symbol of national pride and unity, and any alteration would undermine its integrity. The Union of India opposed the petition, stating that the National Anthem is a highly emotive issue and any changes could lead to unnecessary controversies. Several intervenors, including cultural organizations and individuals from the Sindhi community, expressed their opposition to the petition, asserting that it hurt their sentiments. The court found the petition devoid of merit, emphasizing that the National Anthem is not a geographical chronicle but a poetic expression of patriotism. The court dismissed the petition with costs, highlighting the need to discourage frivolous litigation that wastes judicial resources.
Headnote
A) Constitutional Law - National Anthem - Alteration of Text - Constitution of India, 1950, Article 51A - The petitioner sought to delete 'Sindh' from the National Anthem, claiming it was misplaced post-partition. The court held that the National Anthem is a symbolic representation of the nation and altering it would distort its essence and heritage (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to a direction to alter the text of the National Anthem by deleting the word 'Sindh'.
Final Decision
The court dismissed the petition, stating it was devoid of merit and not in public interest, imposing costs of Rs. 10,000.
Law Points
- Public Interest Litigation
- National Anthem
- Constitutional Duty
- Alteration of National Anthem
- Emotional Sentiments
