Context
Recently, Parliament passed the Prevention of Insults to National Honour (Amendment) Act, 2026, giving Vande Mataram the same legal protection as the National Anthem.
The law punishes anyone who intentionally disrupts or prevents the singing of the National Anthem or Vande Mataram, but does not force anyone to sing or participate.
About the National Honour (Amendment) Act, 2026
- Purpose: Gives Vande Mataram the same legal protection against insult and disruption as the National Anthem.
- What it prohibits: Intentionally preventing or disrupting the singing of the National Anthem or Vande Mataram is punishable.
- No compulsion: The Act does not force citizens to sing or participate in either song.
- Freedom of choice: It does not prescribe which stanzas must be sung or how a person must participate.
The Bijoe Emmanuel Precedent (1986)
- Bijoe Emmanuel case (1986): The Supreme Court held that students who stood respectfully but did not sing the National Anthem could not be punished for their genuine religious belief.
- Fundamental Rights: Forcing someone to sing can violate Article 19(1)(a) (freedom of expression) and Article 25(1) (freedom of conscience).
- Key principle: Fundamental Duties cannot override Fundamental Rights, and respectful silence without disruption is not an offence.
Status of Vande Mataram Since 1950
- On January 24, 1950, at the Constituent Assembly’s last sitting, Dr. Rajendra Prasad declared Jana Gana Mana the National Anthem, giving Vande Mataram equal status as the national song
- The Constitution contains no reference to a national song; its status rests entirely on this 1950 statement and subsequent convention
- In October 1937, the Congress Working Committee resolved that only the first two, secular stanzas be sung at official gatherings, excluding the later devotional verses invoking Hindu goddesses
Relevant Constitutional Provisions
- Article 25 & Article 26: freedom of conscience, free profession/practice/propagation of religion, and freedom to manage religious affairs without State interference
- Article 19(1)(a): freedom of speech and expression, extended by courts to include the freedom to remain silent
- Article 51A: Fundamental Duties, including respect for the national anthem — held subordinate to Part III rights
Why is this article important for UPSC?
- UPSC may test knowledge of the Prevention of Insults to National Honour Act, 1971 and its 2026 Amendment, a current constitutional-law development.
- Covers the Bijoe Emmanuel v. State of Kerala (1986) judgment, a landmark case on freedom of conscience under Articles 19(1)(a) and 25.
- Clarifies the distinct legal status of Vande Mataram as the national song, separate from Jana Gana Mana as the national anthem.
In this article, you will understand:
- 2026 Amendment to the National Honour Act
- Legal status of Vande Mataram since 1950
- Bijoe Emmanuel ruling on freedom of conscience
| Important CTC from this article for UPSC National Honour (Amendment) Bill, 2026 Fundamental Duties of the Indian Constitution |
Q. With reference to the above, consider the following statements:
I. The Prevention of Insults to National Honour (Amendment) Act, 2026 makes it mandatory to sing all six stanzas of Vande Mataram at official functions.
II. The Supreme Court in Bijoe Emmanuel v. State of Kerala (1986) held that the Fundamental Duties under Article 51A cannot override the Fundamental Rights guaranteed under Part III.
III. Vande Mataram was accorded equal status with Jana Gana Mana through a statement by Dr. Rajendra Prasad at the Constituent Assembly in 1950.
Which of the statements given above is/are correct?
(a) I and II only
(b) II and III only
(c) I and III only
(d) I, II and III
Answer: (b). II and III only
Explanation
Statement I is Incorrect: The 2026 Amendment does not mandate singing of the song or prescribe any particular stanzas; it penalises only the intentional prevention or disturbance of a singing already taking place.
Statement II is Correct: In Bijoe Emmanuel (1986), Justice O. Chinnappa Reddy's Bench held that Article 51A duties cannot be used to cut down or override the fundamental rights guaranteed under Part III of the Constitution.
Statement III is Correct: Dr. Rajendra Prasad's presidential statement at the Constituent Assembly's last sitting on January 24, 1950 gave Vande Mataram equal status with Jana Gana Mana, though it did not make it the anthem or a co-anthem.