"Law Making Cannot Be As Per Naxalites": Supreme Court Told Over Plea Challenging Punishment For Not Singing Vande Mataram

The Supreme Court today heard a plea by Carnatic vocalist T.M. Krishna challenging the Centre’s directions on singing the full six-stanza version of Vande Mataram and the 2026 amendment extending statutory protection to the National Song.

A bench headed by CJI Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, heard the matter and sought the Centre’s response. The Court indicated that it may examine the penal consequences of the amended law in the context of fundamental rights under Articles 25 and 26, which protect freedom of conscience and religion.

As the matter was heard today, Solicitor General Tushar Mehta requested the bench not to issue notice as that would sensationalize the issue. 

Senior Advocate Dr S Muralidhar, appearing for Krishna told the bench, "What they have done...they have introduced the expression 'national song'...but Act does not define what national song is."

Justice Bagchi told Muralidhar that National song has always been understood as Vande Mataram.

To this Muralidhar said, "You can't thrust and have penal consequences. They were in such great hurry that they didn't think it through. No mention of national song in original law."

Justice Bagchi assured Muralidhar that penal consequences aspect would be examined but  the declaration as national song could not be dictated by a court.

The CJI also intervened to say, "Someone who has read our history, will know what is national song.."

This was followed by a heated exchange between SG Mehta and senior lawyer Muralidhar:

SG Mehta: Law-making should not be according to Naxalites

Muralidhar: He should withdraw this. This is going live. This was unnecessary. Some decorum is to be observed. We don't expect this from law officers

S Mehta G: I can repeat what I said. One has to go by law. I said constitution cannot be intrepreted according to Naxalites.. I don't' know why he is taking it otherwise..

Muralidhar: He is again repeating. Now I have to register strong protest!

The court has sought the Centre's response on the plea and listed the same on October 12, 2026.

What is the petition challenging?

Krishna has questioned the Centre’s directions requiring the official six-stanza version of Vande Mataram to be used when the National Song is sung at mass or official programmes. The Ministry of Home Affairs had earlier issued directions concerning the rendition of the official version at such occasions.

His plea contends that the last four stanzas contain references to Hindu deities, and that compelling their rendition raises issues concerning secularism, freedom of conscience and religious freedom. He has also challenged the statutory amendment extending the protection under the Prevention of Insults to National Honour Act, 1971 to Vande Mataram.

What has changed under the 2026 law?

Parliament amended Section 3 of the Prevention of Insults to National Honour Act, 1971 in 2026 to place the National Song within the same statutory protection previously applicable to the National Anthem.

Under the amended provision, a person who intentionally prevents the singing of the National Anthem or National Song, or causes disturbance to an assembly engaged in such singing, can face imprisonment of up to three years, a fine, or both. President Droupadi Murmu subsequently gave assent to the legislation.

The amendment places Vande Mataram on the same legal footing as the National Anthem, Jana Gana Mana, by extending to it the existing penal provisions of the 1971 Act.

The amendment inserts references to the national song in the relevant provisions of the 1971 Act. Consequently, actions that are presently offences only in relation to the National Anthem, such as intentionally obstructing its singing or disrupting an assembly engaged in singing it, would also become offences when committed in relation to Vande Mataram.

The legislation forms part of the government's broader effort to accord greater legal recognition to Vande Mataram, which has long held a special place in India's freedom movement and national heritage. Supporters of the measure argue that it fills a long-standing omission in the law by granting the national song explicit statutory protection.

Why was the amendment proposed?

The Statement of Objects and Reasons accompanying the Bill notes that while the Prevention of Insults to National Honour Act, 1971, provides statutory protection to national symbols such as the National Flag, the Constitution and the National Anthem, it does not specifically extend similar protection to the national song.

The proposed amendment seeks to address this legislative gap by bringing Vande Mataram within the ambit of the Act. According to the government, the move is intended to ensure that the national song receives the same legal protection and respect as the National Anthem.

Earlier Supreme Court proceedings

In March this year the Supreme Court had declined to entertain a plea challenging the Home Ministry's Advisory mandating singing of all six stanzas of National Song ‘Vande Mataram’.

The Union Home Ministry mandated the singing of all six stanzas of 'Vande Mataram' at schools and government events, restoring its original length. This directive, effective February 6, 2026, sets a 3 minute 10 second duration and outlines specific protocols for its rendition, marking the song's 150th anniversary.

CJI Surya Kant had called the petition to be premature, adding that he was not inclined to intervene.

Solicitor General Tushar Mehta, present before the bench had vehemently opposed the plea and said, "Do we need an advisory to respect the national song..". "A person who says that Patriotism cannot be compelled, he cannot be entrusted with a writ of this court..", SG Mehta added.

Six stanzas of Vande Mataram have been made mandatory at official events. In a 10-page order issued on January 28, 2026 the ministry also said that if the national song and the national anthem, Jana Gana Mana, are sung or played together, Vande Mataram will be played first, and that the audience shall stand in attention during the singing or playing.

The Home Ministry has also mandated that a six-stanza version of Vande Mataram, lasting 3 minutes and 10 seconds, be played or sung at a range of official functions. The guideline says that the official version of the National Song shall be played on unfurling of the National Flag, parades, ceremonial functions, on the arrival and before the departure of the President at any government or public function.

Case Title: T M KRISHNA Vs UNION OF INDIA

Bench: CJI Surya Kant, Justice Bagchi and Justice Mohana

Hearing Date: September 22, 2026