- (1.) This is a writ petition that arises out of a letter dated 18-3-1998 written by a former Chief Justice of India to the then Chief Justice of India. It draws attention to the fact that it is the obligation of the State to educate the citizen in the matter of fundamental duties so that a proper balance between rights and duties may be achieved and submits that the teaching of fundamental duties in educational institutions is required. The writer submits that the letter should be treated as a writ petition in the public interest.
(2.) On 4-5-1998, the then Chief Justice of India treated the letter as a writ petition and it was so numbered.
(3.) A counter-affidavit was filed by the Union of India which indicated that a committee had been set up to operationalize a countrywide programme for teaching fundamental duties in educational institutions as a measure of in- service training. Mr K. Parasaran, learned counsel, was required to assist the Court on 9-10-1998. The Committee aforementioned met on two occasions and its minutes were placed before the Court. The minutes referred to the need to learn the national anthem by heart and sing it. On 9-4-1999, notices on the writ petition were issued to all the States. On 19-2-2001, the writ petition was adjourned to frame a question which might require reference to the Constitution Bench, in view of the Judgement of this Court in Bijoe Emmanuel V/s. State of Kerala. On 9-4-2001, the following order was passed: "After hearing learned counsel for the parties, it appears that following questions may fall for decision in the writ petition, besides other questions: 1. Whether legally obliging the singing of national anthem in an assembly by all those present in the assembly when national anthem is sung is unconstitutional? 2. Does the Judgement in Bijoe Emmanuel V/s. State of Kerala require reconsideration? The writ petition is, therefore, required to be heard by a Constitution Bench. We, accordingly, refer the writ petition to be heard by a Constitution Bench. Keeping in view the importance of the issues, it is desirable that the writ petition is heard at an early date. Let the papers be placed before the Hon ble the Chief Justice for constitution of the Bench.";