SC declines plea against ‘Vande Mataram’ advisory

The Supreme Court on Wednesday refused to entertain a plea challenging the Centre’s circular on singing the national song ‘Vande Mataram’ at official and public functions, terming the petition “premature” as the guidelines are advisory and carry no penal consequences.
A Bench of Chief Justice of India Surya Kant, and Justices Joymalya Bagchi and Vipul M. Pancholi, observed that the January 28 notification issued by the Union government does not mandate compliance. “We will hear all this when there are penal consequences or when it is made mandatory. This notification is advisory. No penal consequences,” the court remarked.
Senior advocate Sanjay Hegde, appearing for the petitioner, argued that despite the absence of penalties, the advisory could lead to indirect compulsion, with individuals facing social pressure or discrimination for not singing or standing in respect of the national song.
He submitted that patriotism cannot be forced and the Constitution must safeguard individual conscience.
However, the Bench termed such apprehensions as speculative at this stage and said the petitioner could approach the court if any instance of discrimination or coercion arises. The plea was accordingly dismissed.
The petition had challenged the Centre’s circular suggesting that ‘Vande Mataram’ may be sung in educational institutions and public functions.
The government has maintained that the guideline is meant to promote respect for the national song and is not legally enforceable.
The issue comes amid renewed focus on the historical significance of ‘Vande Mataram’. Prime Minister Narendra Modi recently described it as a unifying force during a Lok Sabha discussion marking 150 years of its composition.
Written by Bankim Chandra Chattopadhyay and later set to tune by Rabindranath Tagore, the song became a rallying cry during India’s freedom movement and was accorded national song status in 1950 by President Rajendra Prasad.