# SC seeks Centre’s reply on Vande Mataram penal clause challenge 2026-09-23T02:41:48+00:00 | Governance | Indian Opinion Desk Corroboration: 3 independent outlets The Supreme Court on Tuesday sought the Centre’s response to a petition by Carnatic musician TM Krishna that challenges penal provisions for refusing to sing all six stanzas of Vande Mataram. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said the 1986 Bijoe Emmanuel judgment, which protected schoolchildren who respectfully declined to sing the national anthem, should govern the amended law. The court indicated it would not decide how many stanzas constitute the national song, calling that a matter for Parliament. Justice Bagchi said no one whose Article 25 or 26 rights are infringed, or who is a conscientious objector, should face criminal consequences. Solicitor General Tushar Mehta opposed the petition, saying secularism cannot be so narrow, and called the petitioner’s approach a “Naxalite idea.” Senior advocate S Muralidhar objected and accused Mehta of playing to the gallery. The bench said it would not take note of the comments. The Centre has two weeks to file its response. ## Indian Opinion Analysis The Federal and The Assam Tribune led with the court’s direction to the Centre and the Bijoe Emmanuel protection, while the Times of India foregrounded the bench’s refusal to adjudicate on the song’s length and the heated exchange between counsel. The court's clear signal, no punishment for conscientious objection, is common to all three, but Times of India’s framing of the secularism debate and the solicitor general’s “Naxalite” remark adds a sharper adversarial tone. The core consensus is that the 1986 precedent governs, leaving the Centre to respond within two weeks on how the amended law squares with it. ## Coverage - thefederal.com (neutral report) Led with court's directive to Centre and Bijoe Emmanuel reference - timesofindia.indiatimes.com (neutral report) Foregrounded adversarial exchange and secularism debate - assamtribune.com (neutral report) Led with court's directive and petitioner's procedural arguments Tags: Prevention of Insults to National Honour Act, Supreme Court of India, Surya Kant, TM Krishna, Vande Mataram Canonical: https://indianopinion.org/sc-seeks-centre-reply-on-vande-mataram-penal-challenge/ License: Summary and commentary (c) Indian Opinion, reusable with attribution. Facts belong to the linked sources. Cite: https://indianopinion.org/sc-seeks-centre-reply-on-vande-mataram-penal-challenge/#story-in-brief