Vande Mataram Row: Supreme Court Tells Sanjay Hegde, "MHA Has Only Laid Down Protocol; No Legal Burden On You To Sing"

The Supreme Court on Wednesday shut down arguments against the Home Ministry's Advisory mandating singing of all six stanzas of National Song ‘Vande Mataram’.

A CJI Surya Kant led bench told Senior Advocate Sanjay Hegde, appearing for Sayeed Noori, "What is the legal burden? Where is the notice to you? The circular only prescribes the protocol...what is to be done when the national song be played."

Court was hearing a plea filed against the Union Home Ministry recent mandate on 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.

When Hegde argued that terms such as “respect” and “proper decorum” used in the circular could create an implied obligation, placing a “huge burden” on those who may choose not to participate, the bench said, "The freedom of expression is as much to sing as much not to sing. It is a premature apprehension. As and when there are consequences or sanction, come to us. At present, you have some vague apprehension of discrimination."

Justice Joymalya Bagchi also questioned the 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.

As per the Circular, 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