PGLAW 2017 Panjab University Entrance Exam With Answers

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56.

Which Is Popularly Known As National Anthem Case

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A: Naveen Jindlal Vs Union Of India
B: Bachan Singh Vs State Of Punjab
C: Bijoe Emmanuel And Ors Vs State Of Kerala
D: SP Gupta Vs Union Of India

The answer is: C

Explanation

The National Anthem Case, also known as the Bijoe Emmanuel and Ors vs State of Kerala case, refers to a landmark legal case in India that dealt with the issue of whether it was compulsory for citizens to stand up when the national anthem was played in movie theaters.

In 1986, three Jehovah's Witnesses, Bijoe Emmanuel and his siblings, attended a movie in Kerala and chose not to stand when the national anthem was played before the film began. They were subsequently arrested and charged with disrespecting the national anthem under the Prevention of Insults to National Honour Act, 1971.

The case went to the Supreme Court of India, which ruled in favor of the defendants. The court held that forcing someone to stand for the national anthem violated their freedom of speech and expression as guaranteed under the Indian Constitution's Article 19(1)(a). The court further held that the Prevention of Insults to National Honour Act did not mandate standing for the national anthem, but rather only prohibited conduct that intentionally disrespected it.

The judgment in the Bijoe Emmanuel case is considered a significant milestone in Indian jurisprudence, as it affirmed the importance of individual rights and freedoms over collective symbols of nationalism.