Supreme Court: No Penal Action for Refusing to Sing Vande Mataram

Public Lokpal
September 23, 2026

The Supreme Court has observed that individuals cannot face criminal prosecution or penal consequences for refusing to sing Vande Mataram on grounds of personal conscience or religious belief.

Hearing a petition filed by Carnatic musician T.M. Krishna—which challenged the statutory amendments and government directives mandating the public rendition of all six stanzas—a three-judge bench emphasized that state recognition of national symbols cannot override fundamental rights.

Citing its landmark 1986 Bijoe Emmanuel judgment, the bench reiterated that maintaining a respectful silence does not constitute disrespect, and individuals with conscientious or religious objections are fully protected under Articles 25 and 26 of the Constitution.

While the court noted that the choice of national symbols rests with the state, it sought a formal response from the Union government regarding the criminal penalties tied to non-compliance.