Courts can’t dictate what nat’l song should be, shouldn’t punish for refusing to sing ‘Vande Mataram’: Supreme Court
Hearing a petition challenging the mandate to sing all six stanzas of Vande Mataram, the Supreme Court observed that courts cannot dictate what the national song should be or how it must be performed
The Court stated that a person who declines to sing the National Song on genuine religious or conscientious grounds should not face criminal consequences
The bench indicated that the principle from its 1986 ruling in Bijoe Emmanuel v. State of Kerala — protecting citizens who respectfully abstain from singing on grounds of conscience — continues to govern such cases
The petition challenges the Prevention of Insults to National Honour (Amendment) Act, 2026, which extended penal protection against obstruction of, or disturbance to, the singing of the National Song, placing it on par with the National Anthem
The petitioner's objection centres on the last four of the six stanzas, which contain explicit references to Hindu deities; the Supreme Court sought a response from the Centre
Prevention of Insults to National Honour (Amendment) Act, 2026
The Prevention of Insults to National Honour Act, 1971 penalises insults to the Constitution, the National Flag, and the National Anthem. Section 3 of the original Act made it an offence — punishable with up to three years' imprisonment — to intentionally prevent the singing of the National Anthem or to cause disturbance to an assembly engaged in singing it. In 2026, Parliament amended Section 3 to insert the words "or the National Song," extending identical penal protection to Vande Mataram for the first time.
Key Details
- Original Act: Prevention of Insults to National Honour Act, 1971 — covers insults to the Constitution, the National Flag, and the National Anthem
- Section 3 (as originally enacted): up to 3 years' imprisonment and/or fine for intentionally preventing the singing of the National Anthem or disturbing an assembly so engaged
- Prevention of Insults to National Honour (Amendment) Act, 2026: Bill introduced in the Rajya Sabha on 24 July 2026; received presidential assent on 6 August 2026; inserted "the National Song" into Section 3
- A separate, earlier Ministry of Home Affairs directive of 6 February 2026 had asked (using the permissive word "may," not "shall") that all six stanzas be sung at official functions and school assemblies; the Supreme Court declined to intervene in a March 2026 challenge to that directive because it carried no penal consequence
The 2026 Amendment converted a non-binding administrative request into an actual penal provision, which is what shifted the constitutional question from an advisory directive to a live challenge over whether compelling citizens — under threat of criminal liability — to sing devotional stanzas violates freedom of conscience.
Bijoe Emmanuel v. State of Kerala (1986)
Three siblings belonging to the Jehovah's Witnesses faith were expelled from a Kerala school for standing respectfully but not singing the National Anthem during school assembly, citing a religious belief against participating in acts resembling worship of anything other than God. The Supreme Court held the expulsion unconstitutional.
Key Details
- Citation: (1986) 3 SCC 615, decided August 1986
- Held: freedom of speech and expression under Article 19(1)(a) includes the right to remain silent
- Held: compelling a person to sing against a genuine, sincerely held religious conviction violates Article 25(1) (freedom of conscience)
- Held: no law obliges citizens to sing the National Anthem — standing respectfully is sufficient compliance
The Court has signalled that this "conscientious objector" standard — protection for genuine, sincere conscience-based abstention, not blanket refusal — should extend by analogy to the National Song, even though Vande Mataram's constitutional status differs from that of the Anthem.
National Song vs National Anthem — Constitutional Status
Jana Gana Mana was adopted as the National Anthem by the Constituent Assembly on 24 January 1950. On the same day, President Rajendra Prasad announced that Vande Mataram — which had "played a historic part in the struggle for Indian freedom" — would be honoured equally and hold "equal status" with the Anthem. Unlike the Anthem, however, Vande Mataram's status rests on this 1950 announcement/convention rather than on any specific constitutional provision.
Key Details
- Jana Gana Mana: National Anthem, adopted 24 January 1950 by the Constituent Assembly
- Vande Mataram: National Song, given "equal status" by the same 24 January 1950 announcement — a convention, not a constitutional article
- Article 51A(a) (Fundamental Duties, inserted by the 42nd Amendment Act, 1976) obliges citizens "to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem" — it does not mention the National Song
- Before the 2026 Amendment, only the National Anthem (not the National Song) carried statutory penal protection under Section 3 of the 1971 Act
Because the Constitution is silent on Vande Mataram and Article 51A(a)'s fundamental duty applies only to the Anthem, the Court's observation that it cannot dictate what the national song should be underscores that even Parliament's 2026 extension of penal protection does not itself create a constitutional mandate to sing it — leaving room for individual conscience claims.
Article 25 — Freedom of Conscience and Free Profession, Practice, and Propagation of Religion
Article 25(1) guarantees to all persons (not just citizens) freedom of conscience and the right freely to profess, practise, and propagate religion, subject to public order, morality, health, and other provisions of Part III.
Key Details
- Article 25(1) is available to "all persons," a broader class than the citizen-only rights of Article 19
- Freedom of conscience is distinct from, and precedes, the right to profess/practise/propagate religion within the same clause
- Reasonable restrictions under Article 25 are permitted only on grounds of public order, morality, and health, and subject to other fundamental rights
The petitioner's core argument is that the last four stanzas of Vande Mataram contain explicit devotional references to Hindu deities, and that penalising refusal to sing them compels participation in religious content, potentially infringing Article 25(1) for those with a genuine conscientious objection.
- Vande Mataram: written by Bankim Chandra Chattopadhyay, from the novel Anandmath (1882)
- National Anthem and National Song both accorded "equal status" by Constituent Assembly announcement, 24 January 1950
- Prevention of Insults to National Honour Act, 1971, Section 3: penalty of up to 3 years' imprisonment for intentionally preventing the singing of the National Anthem/Song or disturbing an assembly so engaged
- Prevention of Insults to National Honour (Amendment) Act, 2026: Bill introduced in Rajya Sabha 24 July 2026; presidential assent 6 August 2026
- Bijoe Emmanuel v. State of Kerala: (1986) 3 SCC 615
- Ministry of Home Affairs directive on singing all six stanzas at official functions/school assemblies: issued 6 February 2026