Supreme’s Key Statement On Vande Mataram’s Full Stanzas

Article by Kumar Published on: 4:47 pm, 22 September 2026

The Vande Mataram controversy has been there for a very long time. Vande Mataram has six stanzas, with only the first two stanzas being widely used at national and public events, the remaining four stanzas contain references to Hindu deities, including Durga, Lakshmi and Saraswati, allegedly leading to objections from some sections, particularly some minority sections opposing citing religious beliefs, faiths.

With the matter now reaching the Supreme Court, the Apex Court today, September 22, agreed to examine whether not singing Vande Mataram, the National Song, can be made a punishable offence.

A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, however, declined to examine at this stage whether the National Song should have two stanzas or all six stanzas. The bench referred to the Supreme Court’s earlier Bijoe Emanuel judgment, which held that a person cannot be punished for not singing the National Anthem. The court observed that the principle laid down in that case continues to hold good.

The court asked the Centre to file its response to the Public Interest Litigation (PIL), but did not issue a formal notice at this stage. The bench also said that the penal consequences of not singing the National Song could be examined in the light of the fundamental rights guaranteed under Articles 25 and 26 of the Constitution, which deal with freedom of religion.

The PIL was filed by Carnatic vocalist TM Krishna, who has challenged the law mandating the singing of all six stanzas of Vande Mataram. Krishna argued that the last four stanzas contain references to Hindu Gods, Goddesses and that making them mandatory to sing goes against the secular character of India, according to news reports

The petition also challenges an amendment bringing Vande Mataram under the Prevention of Insults to National Honour Act. It claims that the amendment is arbitrary, violates personal liberty and promotes what it describes as a “majoritarian religious message”. The plea further challenges the decision to extend the National Song from two to six stanzas and the provision seeking to make refusal to sing it a punishable offence.

Meanwhile, Solicitor General Tushar Mehta, appearing for the Union Government, opposed the plea. He argued that those who do not believe in the Constitution and the rule of law, have a “naxalite mindset”. He said one should not question the National Song and its role in India’s freedom struggle.

Why Has the Vande Mataram Debate Reached the Supreme Court?

In 2026, the Centre directed that the complete six-stanza version of Vande Mataram be used at official functions, bringing the issue back into focus.

Parliament has also extended legal protection to Vande Mataram under the Prevention of Insults to National Honour Act, 1971. The law provides for punishment of up to three years in jail, a fine, or both, for intentionally stopping its singing or disrupting an assembly singing it. However, the law does not mean that every person who does not sing Vande Mataram will automatically face jail.

The key legal question before the Supreme Court is whether criminal action can be taken against a person who refuses to sing it, particularly on grounds of conscience or religion.