Delhi, Sept. 22: The Supreme Court on Tuesday sought the Centre’s response to a plea challenging penal provisions linked to the singing of all six stanzas of Vande Mataram.
Carnatic vocalist T M Krishna filed the petition challenging the 2026 amendment to the Prevention of Insults to National Honour Act.
A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, heard the matter.
The court did not formally issue notice to the Centre but indicated that it may examine the penal consequences under the fundamental rights guaranteed by the Constitution.
The bench noted that Vande Mataram’s status as the national song was not in dispute. It focused instead on whether criminal consequences for refusing to sing could affect rights under Articles 25 and 26.
Surpreme Court Examines Vande Mataram Penal Provisions
Senior advocate S Muralidhar, appearing for Krishna, argued that the later four stanzas contain references to Hindu deities.
Krishna’s plea contends that making the singing of those portions mandatory conflicts with the secular character of the Constitution. It also challenges the amendment as arbitrary and inconsistent with personal liberty.
The Supreme Court also referred to constitutional protection for people who decline to sing for religious or conscientious reasons. Reports said the bench referred to the 1986 Bijoe Emmanuel judgment while considering the issue.
The 2026 amendment provides legal protection to Vande Mataram and makes attempts to stop or prevent its singing or playing a criminal offence.
The Centre’s January protocol had also directed that all six stanzas of the national song be sung or played at specified official functions.
The case comes amid a wider debate over the rendition of Vande Mataram. Karnataka, for instance, recently directed that only its first two stanzas be sung at most state government programmes, leading to separate court proceedings.
The Supreme Court’s proceedings will now examine the constitutional questions surrounding the penal provisions and individual rights.
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