Shyam Narayan Chouksey v, Union of India (2017) 1 SCC 421 - Synopsis
Ahir Mitra 5 Jul 2021

Shyam Narayan Chouksey v. Union of India

(2017) 1 SCC 421

The lawsuit was brought under Article 32 of the Indian Constitution seeking the issuance of a writ of mandamus or any other relevant writ. This case concerns citizens' basic obligations under Article 51-A (a) of the Indian Constitution, which stipulates that people must respect ideals and institutions, as well as the National Anthem and Flag. The Prevention of Insults to National Honour Act,1971, is also referred to in the petition. According to the petition, the national anthem is occasionally performed in a variety of circumstances that are not permitted and cannot be legally sanctioned with reference to national honour.

Because the prayer, in this case, was to respect the national anthem and the national anthem should not be used for any commercial exploitation to gain any financial benefit, and the national anthem should not be printed on any undesirable object or displayed in any manner at a place where it is unattractive and could be construed as disrespecting the national anthem.

The issues which are concerned in this case are, can a writ of mandamus be issued for an article of the constitution, can the national anthem be utilized for commercial or financial purposes, is it permissible to sing the national anthem in public.

Since the court disposed of the writ petition, individuals and persons are obligated to pay respect as required by executive orders pertaining to the national anthem of India and for prevailing the law whenever it is performed or sung on certain occasions. As a result, the writ petition is dismissed. There will be no cost allocation order.




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