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You don’t have to stand up at a cinema hall to prove patriotism, says Justice Chandrachud

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[vc_row][vc_column][vc_column_text]The Supreme Court on Monday agreed to consider a plea to modify its order that made the playing of the national anthem in cinema halls mandatory, even as the Centre opposed the move.

The apex court asked the Centre to take a call on the issue and consider amending the national flag code to regulate the matter, and frame rules by January 9.

The hearing of the case saw Justice Chandrachud making some interesting remarks on the issue after Attorney General for India KK Venugopal argued for playing of the National Anthem in cinema halls on the ground that it fosters national unity in a vast and diverse country like India, and is supported by Article 51A of the Constitution.

A Supreme Court Bench headed by Justice Dipak Misra, now the Chief Justice of India, had on November 30, 2016 passed an order making it mandatory to play the National Anthem before every show in cinema halls and for cinema-goers to stand up while it was played. Justice Misra had reasoned that the practice would “instil a feeling of committed patriotism and nationalism”. The Bench had described the playing of the anthem in cinema halls as an opportunity for the public to express their “love for the motherland”.

On Monday, Justice DY Chandrachud questioned the rationale, saying there is no need for an Indian to “wear his patriotism on his sleeve”. Justice Chandrachud was part of a three-judge Bench led by Chief Justice of India Dipak Misra hearing a petition filed by Kodungalloor Film Society in Kerala to recall the November order.

“Next thing will be that people should not wear T-shirts and shorts to movies because it will amount to disrespect to the National Anthem… where do we stop this moral policing?” Justice Chandrachud said.

Media reports said that Justice Chandrachud referred to the Flag Code to observe that “there is no mandate that people should stand up when the National Anthem is sung in a cinema hall. This is obviously because a cinema hall is a place for entertainment… People go to cinema halls for undiluted entertainment. Why should we make choices for them? Why should we assume that if someone doesn’t stand up for anthem in the cinema hall, he is not patriotic?”

“You don’t have to stand up at a cinema hall to be perceived as patriotic,” Justice Chandrachud said.

At one point, Justice AM Khanwilkar reacted to lawyers’ submissions that the National Anthem is played in cinema halls in States like Maharashtra and Chhattisgarh, saying if it is good for Maharashtra, it may be good for other States.

Justice Chandrachud, however, took a leaf from his childhood, remarking that he had witnessed people leaving the cinema hall when the Anthem is played after the show. “Maybe that was why it was stopped… because of the disrespect,” Justice Chandrachud said.

The judge was responding to submissions by Attorney General KK Venugopal, for the Centre, in support of the November 30, 2016 order. Venugopal submitted that playing the National Anthem in cinema halls and standing up as a mark of respect for it fosters a sense of unity in a country diverse in caste, religion and regions. The AG submitted that playing the Anthem would be a “unifying force” so that “when people come out of the theatre they will believe that we are all Indians”.

“Its purpose is the loyalty of the population, to neutralise divisiveness, foster unity in diversity. It is the duty of every citizen under Article 51-A (a) to abide by the Constitution, respect its ideals and institutions, the National Flag and the National Anthem,” Venugopal submitted.

Justice Chandrachud disagreed. He said Article 51A is very broad and also makes it the fundamental duty of citizens to “develop scientific temper, humanism, spirit of inquiry”, etc. “Are we [Supreme Court] supposed to enforce all this? As the government, you have the power. You take the call. Why should we take your burden?” said Justice Chandrachud.

“If the court is supposed to enforce respect for the National Anthem on citizens, it should also enforce the other fundamental duties in Article 51A? You know what is good for the goose is also good for the gander, right?” Justice Chandrachud asked Venugopal.

When one of the lawyers said some missionary schools refused to play the National Anthem, Justice Chandrachud, who authored the majority verdict declaring privacy as a fundamental right, retorted: “I studied in a missionary school. We sang both the National Anthem and ‘Our Father’. For us both were equally important.”

Justice Chandrachud said cultural and social values are imbibed from parents and teachers and not what courts enforce through its orders.

The judge indicated that it was for the government to take the call on whether it wants the Flag Code to be amended to make it mandatory for cinema halls to play the anthem.

Towards the end of the hour-long hearing, Chief Justice Misra suggested a change in the language of the November 2016 order, which had the effect of making the playing the anthem optional, The Hindu reported.

However, Venugopal said the government would take a call. Finally, the court left it to the discretion of the government to bring out any notification, if necessary, to take a call to make or not make the playing of the National Anthem mandatory in cinema halls, uninfluenced by the Court’s earlier order.

The case was posted for hearing on January 9, 2018.[/vc_column_text][/vc_column][/vc_row]

India News

Omar Abdullah distances INDIA bloc from Congress’s vote chori campaign

Omar Abdullah has clarified that the INDIA opposition bloc is not linked to the Congress’s ‘vote chori’ campaign, saying each party is free to set its own agenda.

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Jammu and Kashmir Chief Minister and National Conference leader Omar Abdullah has drawn a clear line between the INDIA opposition bloc and the Congress’s ongoing ‘vote chori’ campaign, stating that the alliance has no role in the issue being raised by the grand old party.

Speaking to the media, Abdullah said every political party within the alliance is free to decide its own priorities. He underlined that the Congress has chosen to focus on alleged irregularities linked to voter lists and electoral processes, while other parties may pursue different agendas.

According to Abdullah, the INDIA bloc as a collective is not associated with the ‘vote chori’ narrative. He added that no party within the alliance should dictate what issues another constituent should raise in public discourse.

The remarks came days after the Congress organised a large rally in the national capital to intensify its campaign. The party has alleged that the Election Commission is working in favour of the BJP to influence electoral outcomes. Both the poll body and the ruling party have rejected these claims.

INDIA bloc cohesion under scrutiny

Abdullah’s comments have gained significance as they follow his recent observation that the INDIA bloc is currently on “life support”. That remark, made during an interaction at a leadership summit in Delhi, triggered mixed reactions from alliance partners.

At the event, Abdullah had said the opposition grouping revives intermittently but struggles to maintain momentum, especially after electoral setbacks. He also pointed to the Bihar political developments, suggesting that decisions taken by the alliance may have contributed to Nitish Kumar returning to the NDA fold. He further cited the inability to accommodate the Hemant Soren-led Jharkhand Mukti Morcha in Bihar seat-sharing talks as a missed opportunity.

Allies respond to Omar Abdullah’s remarks

Reactions from within the INDIA bloc reflected differing views on Abdullah’s assessment. RJD leader Manoj Jha termed the remarks “rushed” and said responsibility for strengthening the alliance lies with all constituents, including Abdullah himself.

CPI general secretary D Raja called for introspection among alliance partners, questioning the lack of coordination despite the stated objective of defeating the BJP and safeguarding democratic values.

Samajwadi Party MP Rajeev Rai disagreed with the “life support” analogy, saying electoral defeats are part of politics and should not demoralise opposition forces. He cautioned that internal pessimism only serves the BJP’s interests.

BJP targets opposition unity

The BJP seized on the comments to attack the opposition bloc’s unity. Senior leader Shahnawaz Hussain dismissed the INDIA alliance as defunct, claiming it lost relevance after the Lok Sabha elections and lacks leadership and a clear policy direction.

Abdullah’s latest clarification on the ‘vote chori’ campaign reinforces the visible differences within the opposition alliance, even as its constituents continue to debate strategy and coordination ahead of future political battles.

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Nitin Nabin terms BJP working president role a party blessing, thanks leadership

BJP national working president Nitin Nabin has termed his appointment a blessing of the party, thanking its leadership and pledging to work on the ideals of his late father.

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Nitin Nabin

Newly appointed BJP national working president Nitin Nabin on Monday described his elevation as a blessing bestowed by the party and expressed gratitude to its top leadership for placing faith in him.

Speaking to reporters in Patna after paying floral tributes to a statue of his late father, former BJP MLA Nabin Kishor Prasad Sinha, the Bihar minister said he would continue to work on the principles he inherited from his family and the organisation.

“I have always worked on the ideas of my father, who treated the party like his mother and put the nation above everything else. I believe that is why the party has given me this responsibility,” Nabin said. He later visited Mahavir Mandir in the city to offer prayers.

Gratitude to Prime Minister, focus on Antyodaya

Thanking Prime Minister Narendra Modi for his guidance, Nabin said development under the current leadership has reached towns and villages across the country. He added that the party has expanded its presence and emerged as a platform representing the poor.

According to Nabin, no section of society has remained untouched by the welfare initiatives of the NDA government. He said the idea of Antyodaya has now reached every corner of India, recalling the contributions of Deendayal Upadhyaya, Syama Prasad Mookerjee and Atal Bihari Vajpayee in shaping the philosophy.

On elections and party organisation

Responding to questions on upcoming elections, including in West Bengal, Nabin said BJP workers remain active at all times. He remarked that unlike other parties, BJP cadres work round the year and remain prepared in every state.

At 45, Nabin is a five-time MLA from the Bankipur assembly constituency and has served twice as a minister in the Bihar government. He comes from an RSS background and is currently part of the Nitish Kumar-led state cabinet.

A generational shift in the party

Nabin’s appointment as national working president on Sunday was seen as a significant organisational move. The position, though not mentioned in the party constitution, has earlier served as a transition role before elevation to the top post.

Prime Minister Modi publicly endorsed the decision, describing Nabin as a hardworking and grounded leader with strong organisational experience. Party leaders have projected the move as part of a generational shift, with Nabin expected to follow a trajectory similar to that of the current national president, who had earlier served as working president before taking charge of the organisation.

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BJP demands Sonia Gandhi’s apology over Congress rally slogan targeting PM Modi

A slogan raised against Prime Minister Narendra Modi at a Congress rally in Jaipur has sparked a political storm, with the BJP demanding an apology from Sonia Gandhi and other senior Congress leaders.

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A political controversy has erupted after a slogan referring to Prime Minister Narendra Modi’s “grave” was raised during a Congress rally in Jaipur, prompting the Bharatiya Janata Party (BJP) to demand an apology from senior Congress leaders, including Sonia Gandhi.

The slogan was raised at a ‘Vote Chor Gaddi Chhod’ rally held in Rajasthan’s capital, where Manju Lata Meena, Jaipur women’s Congress district president, led a group chanting the remark against the Prime Minister. The rally was organised to highlight the Opposition’s allegations of vote theft against the BJP.

When questioned later, Meena defended her statement, saying it reflected public anger over alleged electoral issues. She also accused the Prime Minister of diverting attention from concerns related to employment, youth, women and farmers.

BJP seeks apology from Congress leadership

The remarks triggered sharp reactions from the ruling party. BJP president and Union minister JP Nadda raised the issue in the Rajya Sabha, calling the slogan highly objectionable and accusing the Congress of revealing its mindset through such language. He demanded an apology from Sonia Gandhi, chairperson of the Congress Parliamentary Party, and Mallikarjun Kharge, the Leader of the Opposition in the Upper House.

Union minister Kiren Rijiju also criticised the slogan, saying political rivals are not enemies and such statements cross acceptable boundaries. Addressing a press conference, he urged Kharge and Leader of the Opposition in the Lok Sabha Rahul Gandhi to apologise on the floor of both Houses of Parliament. Rijiju said it was unfortunate that Congress workers were using language that appeared to incite violence against a constitutional authority.

Congress response and allies’ reactions

Congress MP Manickam Tagore dismissed the BJP’s reaction, claiming that the rally had unsettled ruling party leaders. He said the response from BJP leaders showed they were rattled by the Opposition’s campaign.

However, some of Congress’s allies distanced themselves from the slogan. A Samajwadi Party MP said political differences should not translate into disrespectful language for those holding constitutional posts. A senior leader of the Nationalist Congress Party (SP) also termed the slogan inappropriate, stating that regardless of political disagreements, the Prime Minister’s position must be respected.

The episode has added to the ongoing war of words between the BJP and the Congress, with both sides trading accusations as Parliament’s Winter Session continues.

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