SC: Vande Mataram advisory not a threat to conform, petitioner argues burden
The Supreme Court stated that the Union Home Ministry's January 28 guidelines on playing the National Song Vande Mataram are merely an advisory and not a "threat to conform" or a violation of constitutional freedoms. The court clarified that non-compliance would not lead to penal or adverse action. However, the petitioner argued that even without legal sanction, refusing to sing or stand up for the song imposes a "huge burden" on individuals. The Chief Justice questioned if patriotism could not be compelled even for the National Anthem, while the Solicitor General emphasized the organic nature of respect for the National Song.
Key Points
- The Supreme Court views the Union Home Ministry's guidelines on Vande Mataram as an advisory, not a mandatory directive infringing on constitutional freedoms.
- The court clarified that there would be no penal or adverse action for not playing or singing the National Song.
- The petitioner argued that even an advisory creates a "huge burden" on individuals who choose not to participate due to conscience.
- The Solicitor General stressed that respect for the National Song should be organic and not necessarily mandated.
- The court refused to entertain the petition, deeming it "premature."
Exam Facts
- Union Home Ministry's January 28 guidelines on playing National Song Vande Mataram.
- Justice Joymalya Bagchi and Chief Justice Surya Kant were part of the bench.
- Petitioner: Muhammed Sayeed Noori, represented by Sanjay Hegde.
- Article 51A of the Constitution makes it a fundamental duty to respect the National Flag and National Anthem.
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