Judgment

R.C. Lahoti, CJI—On 24th January 1950, the Constituent Assembly of India finally met to sign the Constitution. The question of having a National Anthem for India as a free country and a nation was under consideration. The Constituent Assembly had appointed a Committee to make recommendations about the final selection of a National Anthem.

2. After deliberations it was considered desirable to leave it with the President to make a declaration in the Assembly on the question of adopting a National Anthem for India. In the Constitution Hall, on 24th January 1950, where the Constituent Assembly of India finally met to sign the Constitution, President Dr. Rajendra Prasad declared his decision on the matter relating to National Anthem in his opening­ statement in the following words:-

“There is one matter which has been pending for discussion, namely the question of the National Anthem. At one time it was thought that the matter might be brought up before the House and a decision taken by the House by way of a resolution. But it has been felt that, instead of taking a formal decision by means of a resolution, it was better if I make a statement with regard to the National Anthem. Ac