''No discrimination", Supreme Court Rejects Plea Against Home Ministry's Advisory On Singing All 6 Vande Mataram Stanzas
The Supreme Court called the petition as premature.
Supreme Court heard a petition against the Government's recent directive making the recitation of Vande Mataram mandatory.
The Supreme Court 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 recently 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 called the petition to be premature, adding that he was not inclined to intervene.
Justice Joymalya Bagchi questioned the petitioner's counsel Senior Advocate Sanjay Hegde, "Does the January 28 notification lead to penal consequence? Is the person removed from the congregation if they don't sing the same"
In response, Hegde said, "Penalty is there in case of disruption. While there may be no legal sanction, there is always a huge burden for someone who refuses to sing or stand up. In the garb of advisory people can be compelled to sing along." He added that patriotism cannot be compelled.
Solicitor General Tushar Mehta, present before the bench 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.
Justice Bagchi further told Hegde that the petition highlighted some vague apprehensions of discrimination. "Please come to us as and when you are discriminated on the plank of this advisory. We have to see if a mere advisory a breach of constitutional right. This is just a vague apprehension of discrimination which does not have a reasonable nexus with the impugned notification."
"I think your case is not on national anthem. In this circular by the govt.. it used the word "may". There are no penal consequences and no one is compelling you to do this in your academy," CJI Kant added.
Six stanzas of Vande Mataram have been made mandatory at official events. In a 10-page order issued on January 28, 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.
The order defines the “official version” as the full composition written by Bankim Chandra Chatterjee and fixes its duration at 3 minutes and 10 seconds. It also details when the song must be played or sung and the decorum to be followed.
Case Title: MUHAMMED SAYEED NOORI Vs UNION OF INDIA
Bench: CJI Kant, Justice Bagchi and Justice Pancholi
Hearing Date: March 25, 2026