MHA Directive on Vande Mataram: Constitutional Debate on Secularism and Freedom of Conscience

On 28 January 2026, the Ministry of Home Affairs (MHA) directed that all six stanzas of Vande Mataram should be played at official functions, with everyone present required to stand at attention.

The “Settled Question” and Historical Background

• The 1937 Congress Decision: In October 1937, the Congress Working Committee (CWC) met in Calcutta and decided that only the first two stanzas of “Vande Matram” would be the National Song.
  • The resolution moved by Dr Rajendra Prasad and seconded by Sardar Vallabhbhai Patel was unanimous.
  • Rabindranath Tagore also supported limiting the song to two stanzas.
• Rationale for Limiting to Two Stanzas: The first two stanzas focus on secular themes such as nature, rivers, and greenery, which are universal and represent everyone, regardless of religion.
  • The later stanzas are devotional poetry that contain specific references to Hindu deities such as Durga, Lakshmi, and Saraswati.
• Protecting Secularism: The two-stanza formula ensured inclusivity in a religiously diverse society.
  • It was adopted to avoid forcing individuals to sing religious praises that might conflict with their own faith.

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Post-Independence Confirmation

• Declaration of National Anthem and National Song: On 24 January 1950, Dr Rajendra Prasad officially announced “Jana Gana Mana” as the National Anthem and “Vande Matram” as the National Song.
• Continuation of the Two-Stanza Formula: In this announcement, he explicitly upheld the 1937 two-stanza formula, excluding the religiously specific later stanzas from official status.

Constitutional and Legal Concerns

• Freedom of Conscience (Article 25): Compelling individuals to recite stanzas praising specific deities may violate freedom of conscience and religious freedom.
• Right to Silence (Article 19): In the 1986 Bijoe Emmanuel case, the Supreme Court held that standing respectfully without singing does not amount to disrespect.
  • The right to remain silent is protected under freedom of speech and expression.
  • The Court affirmed that freedom of conscience includes the right not to participate.
• Statutory Position: The Prevention of Insults to National Honour Act, 1971, and Article 51A protect the National Flag and National Anthem.
  • The National Song is not included, reflecting a conscious constitutional choice.

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Conclusion

True patriotism comes from the heart and cannot be manufactured through government orders. The directive was issued without legislative amendment or parliamentary debate, raising concerns about constitutional propriety and secular values.

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