Legal Reporter: Anam Khan
The Supreme Court of India is hearing a constitutional challenge to recent Ministry of Home Affairs directives requiring the recitation of all six stanzas of Vande Mataram at official state functions and public ceremonies.
The petition, titled B.D. Borkar v. Union of India & Anr., challenges the mandate on grounds including freedom of conscience under Article 25, freedom of speech and expression under Article 19(1)(a), and the secular character of the Constitution.
The petitioner argues that the later stanzas contain religious references and that compulsory recitation could interfere with an individual’s right of conscience.
The petition also relies on the Supreme Court’s earlier ruling in Bijoe Emmanuel v. State of Kerala (1986), concerning the protection of individuals who respectfully decline to participate in compulsory singing on grounds of conscience.
The case raises important constitutional questions concerning individual autonomy, religious freedom, secularism and the extent to which the State can mandate participation in activities involving national symbols.
