Citizens should show equal respect to Jana Gana Mana, Vande Mataram: Centre to Delhi HC
New Delhi, Nov 5: The Centre has told the Delhi High Court that the national anthem 'Jana Gana Mana' and the national song 'Vande Mataram' "stand on the same level" and citizens should show equal respect to both.
While unlike the national anthem there are no penal provisions or official instructions about singing or playing 'Vande Mataram', the song occupies a unique place in the emotions and psyche of Indians and all directions of the high courts and the Supreme Court concerning the song are being followed, it said.
The submission was made by the Ministry of Home Affairs on an affidavit filed in response to a public interest litigation by lawyer Ashwini Kumar Upadhyay to ensure that the song 'Vande Mataram' is as honoured and given equal status as the national anthem.
Emphasising that both the national song and the national anthem have their own sanctity and deserve equal respect, the Centre stated that the subject matter of the present proceedings can never be a subject matter of a writ petition.
"Both Jana Gana Mana and Vande Mataram stand on the same level and every citizen of the country should show equal respect to both. National song occupies a unique and special place in the emotions and psyche of the people of India," said the "short counter affidavit" filed through Central government lawyer Manish Mohan.
The court was informed that the issue of promoting 'Vande Mataram' was earlier dealt with by the top court which refused to "enter into any debate" as there was no reference to a national song in the Constitution.
Subsequently, the high court, the response added, dismissed another petition seeking guidelines for singing and playing 'Vande Mataram' while noting that there could be no dispute that the song deserves the regard and respect, which has been recognised by the authorities.
"The National Anthem and the National Song both have their sanctity and deserve equal respect. However, the subject matter of the present proceedings can never be a subject matter seeking a writ of the Hon'ble High Court more particularly in view of the settled position," the response by Centre said.
The Centre stated that the present case was "not adversarial" and it would abide by "every direction that is deemed necessary and expedient" by the court.
"In 1971, the action of prevention of singing of the National Anthem or causing disturbances to any assembly engaged in such singing was made a punishable offence by way of an Enactment of the Prevention of Insults to National Honour Act, 1971.
"However, similar penal provisions have not been made by the government in the case of National Song 'Vande Mataram' and no instructions have been issued laying down the circumstances in which it may be sung or played," the reply said.
The Central government is abiding by the directions passed by the High Courts as also the Supreme Court of India from time to time, it added.
The reply further said that certain averments in the petition are in the nature of "individual suggestions which require deliberation at the administrative and judicial level before the same can be imbibed into the system, subject to the constitutional or the legal mandate".
The petitioner, who has also sought a direction from the Centre and the Delhi government to ensure that 'Jana Gana Mana' and 'Vande Mataram' are played and sung in all schools and educational institutions on every working day, has contended that in the absence of any guideline or regulations to honour the song, 'Vande Mataram' is being sung in an "uncivilised manner" and misused in films and parties.
The petitioner has stated that the song played a historic part in the Indian freedom struggle and ought to be honoured as much as 'Jana Gana Mana' in view of the statement made by the Constituent Assembly Chairman Dr Rajendra Prasad in 1950.
"To keep the country united, it is the government's duty to frame a national policy to promote-propagate 'Jana Gana Mana' and 'Vande Mataram'. There is no reason why it should evoke any other sentiment as both are decided by Constitution makers.
"The sentiments expressed in 'Jana Gana Mana' have been expressed keeping the State in view. However, sentiments expressed in 'Vande Mataram' denote the nation's character and style and deserve similar respect," the petition has said.
The petition has asserted that there should not be any dramatization of 'Vande Mataram' and "it must not be included in any variety show because whenever it is sung or played, it is imperative on the part of everyone present to show due respect and honour".
"Direct and declare that the song 'Vande Mataram', which had played a historic part in the struggle for Indian freedom, shall be honoured equally with 'Jana Gana Mana' and shall have equal status with it in the spirit of the statement made by the Constituent Assembly Chairman Hon'ble Dr Rajendra Prasad with regard to the National Anthem, on 24.01.1950," the petition has urged.
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TVK falls short within touching distance; what next to ensure majority
Chennai (PIT): With TVK falling 10 short of a majority, its leader Vijay has the option of forming a minority government in Tamil Nadu without any outside support, analysts said on Tuesday.
Senior political analyst Sumanth Raman told PTI that the TVK is likely to opt to be a minority government with outside support.
"Since it is the single largest party, TVK has the option to go for that. I don't think he (Vijay) will opt for official support from other political party's MLAs", he said.
"If he opts for minority government, the only thing is that, Vijay will have to prove the support once again after six months".
Raman also pointed out that in 2006 when DMK won only 92 seats, the then party president, the late M Karunanidhi formed a minority government with outside support.
In a completely unexpected turn of events in the Tamil Nadu Assembly elections, the TVK has emerged victorious, putting an end to the almost six decade-long dominance of the two major Dravidian parties--DMK and AIADMK.
By clinching victory in its debut electoral contest, the party has elevated its status to that of a recognised political entity. However, the Vijay-led TVK did not secure a mandate large enough to form a government with an absolute majority on its own, requiring another 10 to cross the finish line. Experts have varied opinions.
Specifically, to attain a simple majority, a political party must win at least 118 out of the total 234 constituencies. The TVK, however, secured victory in 108 constituencies. Given that the TVK fell short of the majority mark, what might unfold next?
TVK leader Vijay has won in both constituencies he contested--Perambur in Chennai and Tiruchirappalli East. As per the election commission rule, he will have to resign from one of these seats. TVK sources said that the leader is likely to surrender the Tiruchirappalli assembly seat.
If Vijay does so, the party's total tally of seats will decrease by one. Then it will be 107. Adding to the number games, TVK appointed Speaker of the Assembly will be ineligible to cast a vote during a confidence motion and the party's effective voting strength will be reduced by yet another seat, which comes to 106.
Accordingly, the TVK requires the support of an additional 12 members to demonstrate its majority. As of now, within the DMK alliance, the Congress party has secured five seats, the two Communist parties have won two seats each (totaling four), while the DMDK has secured one seat, the Indian Union Muslim League (IUML) has won two seats and the VCK has secured two seats.
Within the AIADMK alliance, the PMK has grabbed four seats, the BJP has won one seat, and the AMMK has secured one seat. Going by the calculations, if TVK gets the support of other parties within both alliances, it would gain an additional 21 seats.
TVK could potentially secure a total of 129 seats (108 + 21). However, the TVK does not require the support of all those parties, and the backing of just 12 members would suffice.
As Vijay is expected to visit Lok Bhavan on Wednesday (May 6) to meet the governor Rajendra Vishwanath Arlekar to stake claim to form government, the governor is expected to offer the TVK two options.
First, he may summon the TVK chief and instruct him to demonstrate his majority on the floor of the legislative assembly. Alternatively, he might ask Vijay to gather letters of support from "allied" parties and submit them to him.
If the TVK secures support exceeding 118 seats, the governor would invite the party form the government. If TVK fails to garner support from other political parties, it will be denied the opportunity to form the government.
In such a scenario, the governor has the option to invite the DMK, the party holding the second-highest number of seats to form the government.
If DMK too is unable to form a government, the state of Tamil Nadu will come under governor's rule for the subsequent six months. Following this period, fresh legislative Assembly elections will be once again held across all 234 constituencies.
Another political analyst Durai Karuna ruled out that TVK will go for a minority government.
"If he (Vijay) gives an appeal, many political parties including Congress, VCK and left parties will join TVK", he claimed. "In addition, the AIADMK, which has decided to organise MLAs meeting on Wednesday, might also announce that it would support TVK unconditionally".
He said a clear picture on Vijay's decision will emerge in a couple of days.
Tharasu Shyam, political critic, claimed that Congress was "holding talks with Vijay."
"From now on, the DMK must change its approach and this applies equally to the AIADMK," he said in an apparent reference to some reported difference of opinion between allies DMK and Congress over seat-sharing and power-sharing ahead of the April 23 polls.
Incidentally, AICC in-charge for Tamil Nadu, Girish Chodankar, on Tuesday admitted that the Congress party leadership's decision to stick with the DMK alliance went against strong grassroots sentiment favouring the TVK.
"The local leaders, the grassroots level leaders, were suggesting if Rahul Gandhi, who has a large acceptance in Tamil Nadu, joins the campaign with Vijay, it will create a big impact and we can sweep the Tamil Nadu polls, and get somewhere around 180-190 seats," Chodankar told PTI Videos.
