THE HINDU DATED 23rd SEP 2026

Summary of Important News Items and Editorials- 323

THE HINDU DATED 23rd SEP 2026

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1. Supreme Court: Refusal to Sing the National Song Cannot Be Penalised

The Supreme Court observed that a person cannot be subjected to criminal prosecution merely for conscientiously refusing to sing the National Song, Vande Mataram, while hearing a challenge concerning the Prevention of Insults to National Honour Act, 1971. The case raises the constitutional balance between respect for national symbols and freedom of conscience and religion under Article 25, alongside freedom of expression under Article 19. The Court referred to the principle underlying Bijoe Emmanuel v. State of Kerala (1986), where students belonging to Jehovah’s Witnesses were protected for respectfully standing but declining to sing the National Anthem on religious grounds. The present controversy also involves arguments about whether statutory provisions concerning the National Anthem can automatically extend to the National Song. The larger constitutional principle is that patriotism cannot simply be equated with compulsory expression. Gist: constitutional nationalism seeks respect for national symbols while protecting genuine conscientious freedom, subject to constitutionally permissible restrictions.

2. India–U.S. Trade Deal Delayed Over ‘Excess Capacity’ Investigation

An India–U.S. trade agreement appears unlikely to conclude immediately as Washington examines alleged excess industrial capacity among several trading partners under its Section 301 framework. The front-page report indicates that India, Pakistan and Sri Lanka are among countries facing scrutiny, with sectors such as textiles potentially affected. The central issue is whether industrial overcapacity, state support or other practices distort international competition and disadvantage American producers. India’s concern is that additional tariffs could weaken market access for labour-intensive exports and complicate broader trade negotiations. The U.S. position emphasises protection against allegedly unfair trade practices, while exporting countries have an interest in predictable, non-discriminatory market access. For India, the episode reinforces the need to diversify export markets and improve competitiveness rather than depend excessively on one destination. Gist: modern trade negotiations increasingly combine tariffs with industrial-policy and supply-chain concerns; India must balance bilateral negotiations with export diversification and WTO-compatible trade strategy.

3. Rajya Sabha Elections for 12 Seats on October 16