Mr. N.R. Narayana Murthy S/O ...

vs Kannada Rakshana Vakeelara 1

The Constitution (Forty-second Amendment) Act, 1976 has incorporation Article 51A Para-IVA
to the Constitution of India. According to Article 51A(a), it shall be the duty of every citizen of
India to abide by the Constitution and respect its ideals and institutions, the National Flag and
the National Anthem. National Flag, National Anthem and the Constitution of India are the
symbols of sovereignty and the integrity of the Nation. Public acts of insults to these symbols
must be prevented. The Prevention of Insults to NationalHonour Act, 1971 was enacted and
brought on the Statute book. The National Honour Act is a very short enactment consists of
only three Sections. Section 2 of the National HonourAct deals with insult to
Indian National Flag and Constitution of India. Section 3 of the National Honour Act says that
whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance
to any assembly engaged in such singing Page 1709 shall be punished with imprisonment for a
term which may extend to three years, or with fine, or with both". Section 3A prescribes
enhanced penalty on second and subsequent convictions under Sections 2 and 3 of
the National Honour Act.

Bijoe Emmanuel & Ors vs State Of Kerala & Ors2

HELD: 1.1The Fundamental Rights of the appellants under Art. 19(1)(a) and 25(1) have been
infringed and they are entitled to be protected. The expulsion of the three children from the
school for the reason that because of their conscientiously held religious faith, they do not
join the singing of the National Anthem in the morning assembly though they do stand
respectfully when the National Anthem is sung, is a violation of the fundamental right to
freedom of conscience and freely to profess, practice and propagate religion. Therefore, the
judgment of the High Court is set aside and the respondent authorities are directed to
re- admit the children into the school, to permit them to pursue their studies without hindrance
and to facilitate the pursuit of their studies by giving them the necessary
facilities.

1
AIR 2007 Kant 174
2
1987 AIR 748