CASE COMMENTARY: BIJOE EMMANUEL & ORS VS STATE OF KERELA & ORS

Author – Harnesh Sanchihar, Student at Shramjivi College College in Udaipur, Rajasthan & RIDDHI SRIVASTAVA, Student at Christ University, Delhi NCR.

Best Citation – Harnesh Sanchihar & RIDDHI SRIVASTAVA, Case commentary: Bijoe Emmanuel & Ors vs State of Kerela & Ors, ILE CONSTITUTIONAL REVIEW, 2 (1) of 2023, Pg. 29-33, ISSN – 2583-7168.

ABSTRACT

The case of Bijoe Emmanuel v. State of Kerala & Ors, decided on August 11, 1986, is a key one in Indian constitutional law. The case revolves around the national anthem of India. The nation’s people, their difficulties, their history across time, their traditions, and more are all reflected in the national anthem. A song that is officially recognized by the government or the country’s constitution is typically considered to be patriotic. In this case, three Jehovah’s Witness students were embroiled in the controversy because they objected to singing the national song, “Jana Gana Mana,” since they felt it went against their faith. Because they didn’t follow the national anthem protocol, the school administration expelled them. The expulsion of the students, according to the Supreme Court of India, violated their basic right to freedom of conscience and religion under Article 25 and freedom of speech and expression i.e., Article 19(1) of the Indian Constitution. The court stated that making someone sing the national song would not foster patriotism and that one’s level of patriotism cannot be determined by how many times they sing the anthem. The case is important in determining how to strike a balance between personal freedoms and national icons.

Keywords: Indian Constitution, National Anthem of India, Jehovah witnesses, patriotism, secularism, freedom of speech and expression, freedom of religion and conscience