Supreme Court Declines Plea Against Vande Mataram Circular, Calls It Advisory
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The Supreme Court has refused to entertain a petition challenging the Union government's instructions on the playing and singing of the national song Vande Mataram. The court observed that the January 28 circular was purely advisory in nature and imposed no legal obligation or penal consequences for non-compliance.
A bench of Chief Justice of India Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi termed the plea 'premature' and founded on 'vague apprehension of discrimination'. The court noted that there was no material to show any coercive action or discrimination flowing from the Union home ministry's circular.
The court emphasized that no penalty, sanction, or adverse consequence had been prescribed for those who choose not to sing or play the national song. Dismissing the petition filed by one Muhammed Sayeed Noori, the court said: 'We are not inclined to entertain this petition since the petition is pre-mature.'
The court underscored that the notification stops short of making participation compulsory or prescribing any penalty for non-compliance. It also made it clear that judicial intervention would be warranted only if the advisory translated into coercive action.
