Government to move Bill in Rajya Sabha today to make insult to Vande Mataram a criminal offence
A Bill to amend the Prevention of Insults to National Honour Act, 1971, was listed for introduction in the Rajya Sabha, seeking to extend criminal liability under Section 3 of the Act to acts of intentionally preventing or causing disturbance to the singing of the National Song, "Vande Mataram."
Separately, a Bill to amend the Supreme Court (Number of Judges) Act, 1956, was listed for introduction in the Lok Sabha, seeking to raise the Supreme Court's sanctioned judicial strength from 33 to 37 judges, excluding the Chief Justice of India (38 including the CJI).
The Supreme Court judges Bill follows an ordinance issued earlier in 2026 that had already enabled the expanded strength ahead of formal parliamentary enactment.
Both Bills formed part of the legislative business listed for the Monsoon Session of Parliament.
Prevention of Insults to National Honour Act, 1971
This is the primary statute criminalizing disrespect to India's national symbols — the National Flag, the Constitution, and the National Anthem. Enacted in 1971, it penalizes acts such as burning, mutilating, defacing, or trampling upon the National Flag, and preventing the singing of the National Anthem or causing disturbance to an assembly engaged in singing it.
Key Details
- Section 2 deals with insults to the Indian National Flag and the Constitution
- Section 3 punishes intentional prevention of the singing of the National Anthem, or causing disturbance to an assembly engaged in singing it — the proposed amendment extends this specific liability to cover the National Song as well
- Punishment under the Act: imprisonment up to three years, or fine, or both
- The Flag Code of India, 2002, separately governs flag display and use through executive instructions, not criminal penalties
The amendment extends the same criminal-liability framework currently applicable to the National Anthem under Section 3 to also cover the National Song, closing a gap in statutory protection.
National Song vs National Anthem — Constitutional Distinction
Jana Gana Mana was adopted as the National Anthem by the Constituent Assembly on 24 January 1950; Vande Mataram was accorded equal honour as the National Song on the same occasion. However, only the National Anthem subsequently received express constitutional and statutory backing.
Key Details
- Article 51A(a), inserted by the 42nd Constitutional Amendment Act, 1976, obliges every citizen "to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem" — it makes no mention of the National Song
- Because Vande Mataram lacked equivalent legal protection, no criminal statute directly penalized its insult or obstruction prior to this Bill
- The National Anthem alone has enjoyed protection under Section 3 of the Prevention of Insults to National Honour Act, 1971, until now
The Bill is best understood as bridging this long-standing asymmetry — bringing the National Song's statutory protection closer to that already available to the National Anthem, without altering its non-mention in Article 51A.
Article 124 and Parliament's Power to Fix Supreme Court Strength
Article 124(1) states that the Supreme Court shall consist of the Chief Justice of India and, "until Parliament by law prescribes a larger number," not more than seven other judges. This provision itself empowers Parliament to alter the Court's sanctioned strength through ordinary legislation, without requiring a constitutional amendment.
Key Details
- The Supreme Court (Number of Judges) Act, 1956, is the operative statute; its strength has been revised upward several times — 17 (1977), 25 (1986), 30 (2008), and 33 excluding the CJI (2019)
- The 2026 amendment raises this to 37 judges excluding the CJI (38 with the CJI)
- Because Article 124(1) already contemplates Parliament prescribing a larger number, such amendments require only a simple majority in both Houses and do not amend the Constitution itself
- Appointment of judges continues to be governed by the collegium system, as laid down in the Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993) and the Third Judges Case (In re Presidential Reference, 1998)
The Bill to raise Supreme Court strength is an exercise of this ordinary legislative power under Article 124(1), intended to help the Court manage its pending caseload following an ordinance that had already given interim effect to the expanded strength.
- Prevention of Insults to National Honour Act enacted: 1971; proposed amendment targets Section 3
- Punishment under the Act: up to three years' imprisonment, fine, or both
- National Anthem (Jana Gana Mana) adopted: 24 January 1950
- Article 51A inserted by the 42nd Constitutional Amendment Act, 1976
- Supreme Court sanctioned strength raised from 33 to 37 judges excluding the CJI (38 including the CJI)
- Historical strength revisions: 17 (1977) → 25 (1986) → 30 (2008) → 33 (2019) → 37 (2026), excluding CJI
- Supreme Court strength Bills are ordinary legislation under Article 124(1); require only a simple majority, not a constitutional amendment