The case of Bijoe Emmanuel v. State of Kerala (1986) is a landmark Supreme Court judgment, often called the 'National Anthem' case, that upheld the fundamental rights to freedom of religion and expression.
The case originated in 1985 when three children—Bijoe, Binu Mol, and Bindu Emmanuel—who were Jehovah's Witnesses, were expelled from their school in Kerala for refusing to sing the National Anthem, "Jana Gana Mana," during the morning assembly. Their religious faith prohibited them from participating in any ritualistic expression of reverence towards any entity other than their God, though they stood respectfully and silently. The problem it solved was the conflict between a sincerely held religious belief and the perceived duty to actively participate in a national ritual.
The Supreme Court overturned the Kerala High Court's decision, which had upheld the expulsion by citing the Fundamental Duty under Article 51A to respect the National Anthem. The Court's ratio decidendi was that compelling individuals to sing the National Anthem, despite genuine religious objections, contravenes Article 19(1)(a) and Article 25(1). The judgment established that standing silently during the anthem is a form of respectful expression under Article 19(1)(a) and does not violate the Prevention of Insults to National Honour Act, 1971. It held that no legal provision obligates anyone to sing the National Anthem, and the departmental circulars mandating participation lacked the statutory force to restrict fundamental rights.
The judgment is a cornerstone of jurisprudence connecting Article 25(1) (Freedom of Conscience) with Article 19(1)(a) (Freedom of Speech and Expression), reaffirming the primacy of fundamental rights over executive instructions. The principles established in the 1986 ruling have not been reversed and continue to be cited by the Supreme Court.