The Supreme Court rejected to entertain a plea challenging the Centre’s recent circular regarding the singing of the national song ‘Vande Mataram’ at official and public functions, observing that the petition was “premature” as the guidelines do not mandate compliance or prescribe any penal consequences.
A Bench of Chief Justice of India (CJI) Surya Kant, and Justices Joymalya Bagchi and Vipul M. Pancholi, remarked that the January 28 notification issued by the Union government was merely advisory in nature.
During the hearing, the CJI Kant-led Bench repeatedly underlined that the circular does not make the singing of ‘Vande Mataram’ mandatory. “We will hear all this when there are penal consequences or when it is made mandatory. This notification is advisory. No penal consequences, also,” the apex court remarked.
Senior advocate Sanjay Hegde, appearing for the petitioner, argued that even in the absence of explicit penalties, the advisory could create a situation of indirect compulsion.
He argued that individuals refusing to sing or stand in respect of the national song may face social pressure or discrimination. “There is always a burden on those who refuse. In the garb of an advisory, people can be compelled to conform,” Hegde submitted, adding that “patriotism cannot be compelled” and that the Constitution must protect individual conscience.
However, the CJI Kant-led Bench said that the apprehensions raised by the petitioner regarding possible discrimination were speculative at this stage. “If there are any penal consequences or instances of discrimination, you are free to approach this Court,” the apex court said, while dismissing the plea.
The petition had challenged the Centre’s circular, which suggested that ‘Vande Mataram’ may be sung in educational institutions and public functions.
The government has maintained that the guideline is intended to promote respect for the national song and is not enforceable by law. The issue also comes amid renewed focus on the historical and cultural significance of ‘Vande Mataram’.
Prime Minister Narendra Modi recently invoked the “enduring spirit” of ‘Vande Mataram’ during a discussion in the Lok Sabha marking 150 years of its composition.
He described it as a unifying force that played a pivotal role during India’s freedom struggle and continues to inspire generations.
Composed by Bankim Chandra Chattopadhyay in 1875 and later included in his novel Anandamath, ‘Vande Mataram’ was set to tune by Rabindranath Tagore and first presented at the 1896 session of the Indian National Congress.
The song went on to become a powerful rallying cry during the independence movement, resonating with leaders such as Lala Lajpat Rai, Bal Gangadhar Tilak, Bhagat Singh and Subhas Chandra Bose. In 1950, India’s first President, Rajendra Prasad, accorded ‘Vande Mataram’ the status of the national song.
