National Anthem Order: Has SC overstepped?
The directive issued by the Supreme Court for the cinema owners to play the national anthem with a picture of national flag before the film begins, also directing the audience to stand has left many flabbergasted. The major setback that's been discussed is due to the origin of the order. Meaning, such order was expected to come from the Government and not the Apex Court. Though seemingly innocuous, the directive reflects a tendency on the part of the judiciary to overreach its role, as eminent jurist Rajeev Dhawan has opined in his reaction to the order.
With all the tussle between the Judiciary and the Executive on the posting of the judges as the courts are experiencing acute shortage of Judges, the Apex court has got better work to do in its own domain rather than encroaching and overshadowing the functions of the Judiciary.
Its imperative to know that judiciary has no business to inculcate sense of patriotism in the people. A well-meaning advice to the government would have been in order. Not for nothing has former Attorney-General Soli Sarabjee described the Supreme Court's directive as ‘judicial legislation' which he says goes beyond the Constitution. Evidently, this is a new coinage to describe the alleged extra-judicial nature of the order.
All said and done, however, there can be no quarrel with the intent of the order. National spirit needs to be inculcated among countrymen at large, and if this directive would help in rekindling a spirit of patriotism, why should standing to the national anthem not be done? The court has not thought of the possibility of some people not standing up when the national anthem is played. Would it be fair to impose a responsibility of ensuring compliance on the theatre-owners? What if some people start leaving the theatre just before the movie ends? Would it be right to force them to stay on? Would the apex court like to force the cinema theatre owners to play the national anthem or face punishment that may be determined through a legislation passed by the government? All aspects would need to be examined if the Supreme Court's directive is to be enforced. The apex court has said that the order must be enforced in 10 days. Whether that would be practical is the moot question.
