The Union Ministry of Home Affairs (MHA) ordered on January 28, 2026, that all six stanzas of Vande Mataram be played at official functions, requiring attendees to stand at attention.
In 1937, the Congress Working Committee decided that only the first two stanzas of Vande Mataram would be accepted as the National Song at national gatherings.
The Constituent Assembly adopted only the two-stanza version of Vande Mataram as the National Song on January 24, 1950, honoring it equally with Jana Gana Mana.
The Supreme Court in Bijoe Emmanuel vs State of Kerala (1986) held that standing respectfully for the National Anthem without singing is not disrespectful and is constitutionally protected.
Detailed Insights:
The 1937 decision by the Congress Working Committee, supported by leaders like Mahatma Gandhi, recognized objections to later stanzas of Vande Mataram due to their explicit invocation of Hindu goddesses.
Article 51A(a) of the Constitution mentions the duty to respect the National Flag and the National Anthem, but does not include the National Song, indicating a deliberate choice by the framers.
The Prevention of Insults to National Honour Act, 1971 protects the National Anthem, but does not extend the same legal protection to Vande Mataram.
The Supreme Court's Bijoe Emmanuel ruling emphasized the fundamental right to freedom of speech and religion, protecting the right to remain silent during the National Anthem as a form of expression.
The MHA order mandates participation in explicitly religious verses, potentially violating Article 25 of the Constitution, which protects the freedom of conscience.
Forcing citizens to participate in religious observances under the guise of patriotism contradicts the foundational promise of a secular republic, where all citizens are equal regardless of faith.
Key Concepts Involved:
Article 25: Guarantees the freedom of conscience and free profession, practice, and propagation of religion.
Article 51A(a): Enshrines the fundamental duties of citizens, including respecting the National Flag and National Anthem.
Secular Republic: A state that does not endorse or promote any particular religion and treats all citizens equally, regardless of their religious beliefs.