NEW DELHI: The Supreme Court on Wednesday declined to entertain a plea challenging the Centre’s recent circular regarding the singing of the national song ‘Vande Mataram’ at official and public functions, observing that the petition was “premature” as the guidelines do not mandate compliance or prescribe any penal consequences.
A Bench of Chief Justice of India (CJI) Surya Kant, and Justices Joymalya Bagchi and Vipul M. Pancholi, remarked that the January 28 notification issued by the Union government was merely advisory in nature.
During the hearing, the CJI Kant-led Bench repeatedly underlined that the circular does not make the singing of ‘Vande Mataram’ mandatory. “We will hear all this when there are penal consequences or when it is made mandatory. This notification is advisory. No penal consequences, also, ” the apex court remarked.
Senior advocate Sanjay Hegde, appearing for the petitioner, argued that even in the absence of explicit penalties, the advisory could create a situation of indirect compulsion.