SC Seeks Centre’s Response on Plea Challenging Six-Stanza Vande Mataram Singing Mandate
Supreme Court examines constitutional questions over the legal requirement to sing all six stanzas of the national song.
New Delhi, Sept 22: The Supreme Court on Tuesday sought the Centre’s response to a petition filed by Carnatic vocalist T M Krishna challenging the legal provision requiring the singing of all six stanzas of Vande Mataram.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana heard submissions from senior advocate S Muralidhar, who appeared for Krishna. The bench indicated that it could examine the penal consequences attached to the provision in the context of fundamental rights.
The court observed that there was no dispute over Vande Mataram being recognised as the national song. However, it said the question of penalties for not complying with the requirement could be examined in relation to the constitutional guarantees under Articles 25 and 26.
Articles 25 and 26 protect freedom of religion, covering an individual’s right to practise and profess religion as well as the rights of religious denominations to manage certain matters.
Krishna’s petition argues that the latter four stanzas of Vande Mataram contain references to Hindu deities. It contends that making the singing of these portions compulsory raises questions concerning religious freedom and the secular character of the Constitution.
The plea also challenges the amendment bringing Vande Mataram within the scope of the Prevention of Insults to National Honour Act. According to the petition, attaching penal consequences to the singing requirement is arbitrary and infringes personal liberty.
The legal challenge comes amid a wider debate over the rendition of the national song. Recent developments have included disputes over whether all six stanzas or only selected portions should be sung at official functions.
The Supreme Court’s consideration is presently focused on the constitutional and legal questions raised by the petition, particularly whether penal provisions connected with the singing requirement can withstand scrutiny under fundamental rights.
The Centre’s response is expected to clarify its position on the legal provision and the objections raised by the petitioner.
