Can't penalize those objecting 'Vande Mataram' on religious grounds: SC
What's the story
The Supreme Court on Tuesday said that while 'Vande Mataram' is no doubt the national song, "nobody who feels an infraction of Article 25 and 26 rights" or is a conscientious objector would be subjected to penal consequences. Articles 25 and 26 guarantee the fundamental right to freedom of religion. The court was hearing a plea filed by carnatic vocalist TM Krishna challenging the constitutional validity of a 2026 amendment to the Prevention of Insults to National Honor Act.
Court proceedings
Court to examine conscientious objector rights in 'Vande Mataram' case
The act makes intentionally preventing the singing of 'Vande Mataram' or disrupting an assembly engaged in its singing punishable with up to three years in jail.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana has sought the Union Government's response to the petition.
The court said it would look into whether the right of a conscientious objector not to sing Vande Mataram is protected.
Legal arguments
Last 4 stanzas invoke Hindu deities, Krishna argues
The challenge centers on the last four of the six stanzas of Vande Mataram.
Krishna's petition argues the last four stanzas of "Vande Mataram" invoke Hindu deities like Durga, Lakshmi, and Saraswati.
He said compelling citizens to sing these stanzas is seen as an imposition of religious and ideological beliefs, which violates India's secular constitution.
Senior Advocate Dr S Muralidhar, representing Krishna, argued the amendment is ambiguous and could be misused without clear definition of what constitutes the "National Song."
Government's stand
Solicitor General Mehta opposed the petition,
Muralidhar pointed out that the amendment has not defined what the "National Song" was, to which Justice Bagchi replied that it is understood as "Vande Mataram."
"With the two stanzas," Muralidhar responded.
Solicitor General Tushar Mehta opposed the petition, arguing that "secularism cannot be this narrow."
He said that "law-making cannot be as per Naxalites' idea," drawing objection from Muralidhar, who asked that he withdraw it.
Court
Mehta also asked the court not to issue notice
Mehta also asked the court not to issue notice on the petition, saying it would "sensationalize" the issue.
However, Justice Bagchi said they expect existing legal precedents will govern this case and no one should face criminal consequences for conscientious objection related to singing the national song.
"What is the national song is not in dispute.... It is for the democratic state to decide what is the national song, whether two...or four stanza."
Objection
'It's not the remit of the court to second-guess...'
"But nobody who feels an infraction of Art. 25, 26 rights or a conscientious objector would be subjected to [penal consequences]," Justice Bagchi continued.
"It's not the remit of the court to second-guess what is the national sentiments or aspiration associated with Vande Mataram. It is for the state. It is for a conscientious objector not to decide one or all stanzas, and [State is] not going to subject him to criminal consequences."
Legal challenge
Petition challenges Section 3 of amended Act
The petition challenges Section 3 of the amended Act and MHA orders dated January 28 and July 9, 2026.
These orders prescribe the six-stanza version as the "official version" for government events, while Section 3 imposes criminal liability for non-compliance.
Krishna argues this effectively forces citizens to participate in an ideological ceremony, violating Article 19(1)(a).
The plea also highlights the historical context behind adopting only first two stanzas at national gatherings due to objections from Muslim members over deity-invoking portions.
Historical references
Petition seeks clarification on national song status
The plea refers to the Indian National Congress's 1937 decision to limit singing "Vande Mataram" at national gatherings due to objections from Muslim members over the deity-invoking portions.
It also highlights that "Vande Mataram" was never formally adopted as a National Song by the Constituent Assembly.
The petition seeks clarification on whether only the first two of six stanzas constitute the National Song and interim protection pending final adjudication.