Is recitation of Sanskrit prayer in KVs violative of Constitution? Five-judge SC bench to decide
Is recitation of Sanskrit prayer in KVs violative of Constitution? Five-judge SC bench to decide
Hearing the case, the court observed that the petition raises questions of “seminal importance” to the correct inference of the Article 28(1).
The Supreme Court on Monday referred a plea against reciting of a daily Sanskrit prayer in Kendriya Vidyalayas to a five-judge bench. The petition has questioned the singing of the prayer “Asato Ma Sadgamaya” that is followed in school assemblies every day.
Hearing the case, the court observed that the petition raises questions of “seminal importance” to the correct inference of the Article 28(1).
Article 28(1) of the Indian Constitution states, “No religion instruction shall be provided in any educational institution wholly maintained out of State funds.”
Justice RF Nariman who led the bench which heard the petition, said that the issue should be presented before the Chief Justice of India to be referred to a suitable bench. Solicitor General Tushar Mehta told the court that the Sanskrit prayer in KVs is secular in nature and has no religious connotation to it. He said that the Centre should be heard before referring the petition to a larger bench.
He added, “The prayer simply means lead me from darkness to light.” To this, Justice Nariman replied to Mehta saying that the prayer was taken from the Upanishads.
The lawyer threw back the argument and said that the emblem in every courtroom is a Sanskrit verse from Mahabharata, (”Yato dharma Tato jaya – Where there is Justice, there will be Victory”), and again it is secular in nature. However, Justice Nariman said that it may be his argument but he may argue before the bench as the issue requires a decision by five judges.