CASE COMMENTARY ON BIJOE EMMANUEL & ORS VS STATE OF KERALA & ORS
Author – Vikshita Poojary, Student at Shree L.R. Tiwari College of Law, University of Mumbai
Best Citation – Vikshita Poojary, CASE COMMENTARY ON BIJOE EMMANUEL & ORS VS STATE OF KERALA & ORS, Law and Social Policy Review, 1 (1) of 2023, Pg. 100-104, ISBN – 978-81-960677-7-9
The case of Bijoe Emmanuel & ors V. state of kerala & ors, raised a fundamental question regarding the relationship between the individual freedom, national identity and the role of the state in regulating these competing interests.The case dealt with the issue of ‘Reasonable Restrictions’ on Fundamental Rights, whether such restrictions are created by statute or are administrative or departmental restrictions. At the heart of the case was the conflict between the religious beliefs of the petitioners, who were members of the Jehovah’s Witnesses, and the requirement to sing the national anthem, which they believed to conflict with their religious beliefs. The Court was tasked with determining whether the expulsion of the petitioners from their school for refusing to sing the national anthem violated their fundamental right to freedom of religion and whether the singing of the national anthem could be made mandatory in schools.
In its judgment, the Supreme Court of India held that the students had the right to their religious beliefs and practices, but also recognized the importance of the national anthem as a symbol of national identity and unity. The Court delved into the meaning of “proper respect” for the national anthem and ultimately struck a balance between protecting an individual’s beliefs and upholding the integrity and sovereignty of the national anthem. This case upholds the principles of secularism, pluralism, and individual freedom. that involve fundamental rights.
Keywords- National Anthem; Supreme Court; Jehovah’s Witness; Expulsion; Religion; Belief