The Supreme Court of India, on November 30, gave an order that the national anthem will have to be played before feature films at cinema halls all over the country, and that those present in these halls are obliged to stand up to show respect. Similar orders on respecting the national anthem have been delivered by two High Courts in recent years. Indeed such an order is not in any way an aberration in the post-Emergency trajectory of the higher judiciary. A few months back, the Madras High Court mandated that Thirukkural be taught in all schools in Tamil Nadu. Currently, in another case, the Supreme Court is considering making yoga compulsory in schools. While patriotism, education and health may all perhaps be desirable goals, what is common here is the court compulsorily prescribing highly specific modes of pursuing these lofty aims. Such judicial decisions have three other common attributes. First, all such cases are in the PIL (public interest litigation) jurisdiction. Second, the...
