5. Constitutional Status of Vande Mataram and the 2026 MHA Directive

The Ministry of Home Affairs (MHA) has recently issued a directive mandating the playing of all six stanzas of Vande Mataram at official functions, requiring all present to stand at attention. This order has reignited a constitutional debate regarding the distinction between the National Anthem and the National Song, the rights of religious minorities, and the limits of executive power in enforcing patriotic observance. Key Highlights of the Controversy • The 1937 Consensus: Historically, the Congress Working Committee (including Gandhi, Nehru, and Patel) unanimously decided to adopt only the first two stanzas of the song. They recognized that while the first two stanzas describe the beauty of the motherland, the later stanzas invoke specific Hindu deities (Durga, Lakshmi, Saraswati), which could conflict with the monotheistic beliefs of other faiths. • Constituent Assembly\'s Choice: On January 24, 1950, Dr. Rajendra Prasad declared Jana Gana Mana as the National Anthem. While Vande Mataram was given equal status as the National Song, the Assembly deliberately focused on the secular first two stanzas for official use to maintain the Republic\'s inclusive character. • Legal Distinction: Unlike the National Anthem, the National Song is not mentioned in Article 51A (Fundamental Duties) or the Prevention of Insults to National Honour Act, 1971. This implies there is no statutory penalty for not singing or standing for the song. • Judicial Precedent (Bijoe Emmanuel Case): The Supreme Court has established that \'standing respectfully\' is sufficient to show respect; forcing a citizen to sing—especially if it violates their religious conscience—is a violation of Article 19 (Freedom of Speech) and Article 25 (Freedom of Religion).• The \'Fixed Star\' Principle: The judiciary maintains that no state official can prescribe a \'political or religious orthodoxy\' or force citizens to confess faith through acts like mandatory participation in religious-toned verses. • Executive vs. Legislative Power: The current mandate is an Executive Order. Legal experts argue that such significant changes to national symbols and civil liberties should ideally require legislative debate or constitutional amendment rather than a ministry directive. Constitutional & Legal Provisions • Article 19(1)(a): Protects Freedom of Speech and Expression, which the Supreme Court interprets to include the \'Right to remain silent.\' • Article 25: Guarantees the right to freedom of conscience and the right freely to profess, practice, and propagate religion. • Article 51A(a): Specifies the fundamental duty to respect the National Flag and National Anthem, notably omitting the National Song. • Prevention of Insults to National Honour Act, 1971: Provides punishment for disrespecting the Constitution, Flag, and Anthem, but does not include provisions for the National Song. • Article 162: Relates to the extent of the Executive power of the State/Union, which is generally coextensive with legislative power but cannot override fundamental rights. Definitions of Key Terms • National Anthem vs. National Song: The Anthem (Jana Gana Mana) is a constitutional symbol of sovereignty protected by law. The Song (Vande Mataram) is a historical symbol of the freedom struggle with \'equal honour\' but different legal standing. • Constitutional Vandalism: A term used by legal critics to describe executive actions that undermine the settled consensus or spirit of the Constitution without following the due process of amendment. • Jehovah’s Witnesses: A Christian denomination whose members (as seen in the Bijoe Emmanuel case) decline to sing any anthem or song other than hymns to God, though they show respect by standing. • Secularism (Indian Context): Unlike Western secularism (strict separation), Indian secularism (Sarva Dharma Sambhava) implies the State maintains an equal distance from all religions and does not impose one\'s religious imagery on others. Conclusion The MHA order to play all six stanzas shifts the National Song from a secular celebration of nature into a religiously charged invocation. While Vande Mataram remains a cornerstone of Indian patriotism, the forced inclusion of the latter four stanzas risks violating the \'Right to Conscience\' of diverse citizens. True constitutional patriotism, as envisioned by the founders, lies in the voluntary respect for shared symbols rather than coerced participation in religious verses. UPSC Relevance • Prelims: Distinction between National Anthem and National Song; historical background of the 1937 Calcutta resolution; major Supreme Court cases related to Fundamental Rights. • Mains (GS Paper II): Indian Constitution—historical underpinnings, evolution, features, amendments, and significant provisions; Rights and issues related to minorities; Executive vs. Judiciary; Comparison of the Indian constitutional scheme with that of other countries.