Supreme Court Hears Challenge to Vande Mataram Mandate

The Supreme Court of India is examining a petition filed by Carnatic vocalist T. M. Krishna challenging a 2026 amendment to the Prevention of Insults to National Honour Act. Krishna argues that Ministry of Home Affairs directives requiring the singing of all six stanzas of Vande Mataram at official functions violate secularism and fundamental rights to freedom of speech and religion, as the final four stanzas reference Hindu deities.

A three-judge bench led by Chief Justice Justice Surya Kant indicated that individuals who refuse to sing the song based on genuine matters of conscience should not face criminal prosecution. The court cited the 1986 Bijoe Emmanuel precedent to determine if conscientious objectors are protected from penal consequences under Articles 25 and 26 of the Constitution. The central government has been granted two weeks to file a counter-affidavit.

The hearing was marked by a sharp dispute between Solicitor General Tushar Mehta and Senior Advocate Dr. S. Muralidhar. After Muralidhar argued the amendment lacked national consensus, Mehta stated that law-making cannot be based on a "Naxalites idea." Muralidhar demanded a retraction, citing a lack of decorum for a law officer, but Mehta refused to apologize, claiming he was discussing ideology rather than labeling individuals. Justice Joymalya Bagchi intervened to reduce tension, noting that constitutional rights apply even to those labeled as Naxalites.