The Supreme Court on Tuesday (September 22, 2026) observed that while a democratically-elected government may give shape to the scope and length of the National Song, it cannot violate individual and collective religious freedoms or subject conscientious objectors, who refuse to sing one or all the stanzas of the ‘Vande Mataram’, to penal consequences.
Justice Bagchi said the 1986 Supreme Court precedent in the Bijoe Emmanuel versus State of Kerala upholding the right to religious freedom, constitutional tolerance and silent objection still holds true.
The court sought a response from the Union government on a petition filed by renowned Carnatic vocalist and author T.M. Mr. Krishna, represented by senior advocate S. Non-compliance would risk three years’ imprisonment or fine or both. “By mandating the rendition of all six stanzas under penal sanction, the state transforms what is unquestionably a contested historical symbol into a compelled orthodoxy. The measure is formally neutral but, manifestly, substantively coded. Mr. Mehta’s comment was strongly objected to by Mr. Muralidhar, saying it was offensive and did not behove the office of a law officer of the government. Mr.
Krishna challenging the Prevention of Insults to National Honour (Amendment) Act, 2026 read with the administrative directions issued by the Ministry of Home Affairs in January and a subsequent circular in July. Noting that the court is often loath to articulate national aspirations or second-guess nationalism, Justice Bagchi said the Bench would definitely examine if the 2026 amendment and the government circulars choke the rights of conscientious objectors.
Muralidhar and advocate Prasanna S., said the amended law and Executive orders compel the playing and mass singing of the entire six stanzas of Vande Mataram ahead of the National Anthem at public functions. The petition said the amended Section 3 of the Act not only regulates national protocol and prescribes a uniform code of conduct for public functions, but also “compels a ceremony of assent to a symbol whose last four stanzas are expressly devotional, deity-invoking and non-secular”. The petition said stanzas three to six were “expressly devotional, deity-invoking and non-secular. It sends a signal of majoritarian religious alignment and inflicts expressive subordination on believing Muslims and other conscientious objectors,” the petition said. Muraldihar said such comments were merely playing to the gallery.
