
The Supreme Court of India is likely to hear a plea on October 27 seeking the transfer of a public interest litigation from the Delhi High Court concerning the status and observance of the national song, ‘Vande Mataram’. The petition seeks equal status for ‘Vande Mataram’ alongside the National Anthem, ‘Jana Gana Mana’, and calls for formal guidelines governing how the song should be sung and respected.
According to a report by the Press Trust of India (PTI), the plea has been listed for consideration before a Supreme Court bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana. The petition has been filed by advocate Ashwini Upadhyay, with the transfer application submitted through advocate Ashwani Dubey.
The petitioner has requested that the litigation pending before the Delhi High Court be transferred to the Supreme Court, citing the existence of a similar petition already pending before the top court. The matter raises questions about the recognition of ‘Vande Mataram’, its historical significance in India’s freedom struggle and the need for a national policy governing its observance.
The plea also seeks directions to the Centre and the Delhi government to ensure that both ‘Jana Gana Mana’ and ‘Vande Mataram’ are played and sung in schools and educational institutions on every working day. The Supreme Court is expected to consider the transfer request on October 27.
Supreme Court Likely to Consider Transfer of Vande Mataram PIL
The main issue scheduled for consideration is a request to transfer the public interest litigation from the Delhi High Court to the Supreme Court. The petitioner argues that a similar matter is already pending before the top court, making it appropriate for the related litigation to be heard there.
The plea seeks equal status for ‘Vande Mataram’ and the national anthem, ‘Jana Gana Mana’, along with formal rules for the song’s observance. It argues that the national song holds considerable historical and national significance and should receive respect comparable to that accorded to the national anthem.
According to the Supreme Court website, the matter is expected to be heard by a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana.
However, the scheduled hearing concerns the plea to transfer the pending litigation. The court’s consideration of that request should not be confused with a final ruling on whether ‘Vande Mataram’ should receive equal status or on the specific guidelines proposed by the petitioner.
What the Petition Seeks Regarding Vande Mataram
The petition seeks a national policy to promote and propagate ‘Vande Mataram’ and establish guidelines for its proper observance. The petitioner argues that the absence of clear regulations has contributed to situations in which the song is allegedly sung or used in ways that do not reflect its national significance.
The plea claims that ‘Vande Mataram’ is being sung in an “uncivilised manner” and misused in films and at parties. It argues that the song should be treated with due respect whenever it is performed or played.
The petitioner has also argued that ‘Vande Mataram’ should not be dramatised or included in variety shows because people present during its performance should be able to show appropriate respect and honour.
On this basis, the petition calls for formal guidelines that would define how the song should be observed in public settings. It maintains that clear rules are necessary to protect the song’s historical significance and ensure that it is treated with the respect the petitioner believes it deserves.
The proposed measures would require the government to establish a consistent national approach to promoting the song. The petition frames this as a responsibility of the executive, arguing that a formal policy would help strengthen respect for national symbols and expressions of national identity.
Petitioner Seeks Vande Mataram and Jana Gana Mana in Schools
One of the principal requests in the petition is for directions to the Centre and the Delhi government to ensure that ‘Vande Mataram’ and ‘Jana Gana Mana’ are played and sung in all schools and educational institutions on every working day.
The petitioner argues that both compositions deserve respect because of their significance to the country and their connection with India’s national identity. The proposed directions would place the observance of both songs within the daily routine of educational institutions.
The request specifically names the central government and the Delhi government as the authorities that should be directed to ensure implementation. It forms part of the broader demand for a national policy to promote and propagate ‘Vande Mataram’ alongside ‘Jana Gana Mana’.
The petition argues that educational institutions have a role in promoting respect for the nation’s history and symbols. However, whether the requested directions will be issued remains a matter for judicial consideration.
Petition Highlights Vande Mataram’s Role in India’s Freedom Struggle
The plea emphasises the historical role played by ‘Vande Mataram’ during India’s freedom struggle. It argues that the song became an important expression of national sentiment and should be honoured in recognition of its contribution to the country’s history.
To support its position, the petition refers to a statement made by Constituent Assembly Chairman Rajendra Prasad in 1950. The petitioner cites the statement as part of the argument that ‘Vande Mataram’ should receive respect comparable to that accorded to ‘Jana Gana Mana’.
The plea maintains that the two compositions express different but complementary aspects of national identity. According to the petition, the sentiments expressed in ‘Jana Gana Mana’ focus on the State, while those conveyed through ‘Vande Mataram’ reflect the nation’s character and style.
On this basis, the petitioner argues that both should evoke respect and that there is no reason for the two to generate different levels of national sentiment. The petition contends that the Constitution makers’ decisions should guide the government’s approach to promoting the compositions.
These arguments form the basis of the request for equal status and a formal national policy. The Supreme Court’s expected hearing on October 27 will concern the transfer plea, while the broader questions raised by the litigation would depend on the proceedings and any subsequent judicial decisions.
Petition Calls for a National Policy on Vande Mataram
The petitioner argues that the government has a responsibility to frame a national policy to promote and propagate both ‘Vande Mataram’ and ‘Jana Gana Mana’. The plea presents such a policy as a way to encourage national unity and reinforce respect for the country’s history and symbols.
According to the petition, both compositions should be treated with appropriate honour because of their significance to India’s national identity. It argues that a common policy would provide clear guidance on their observance and help prevent what the petitioner describes as disrespectful use of ‘Vande Mataram’.
The plea also states that every citizen should refrain from acts showing disrespect to the national song and should make efforts to prevent such conduct by others. It links this responsibility to national pride, sovereignty and the protection of India’s freedom.
The petition describes ‘Vande Mataram’ as a symbol of the country’s history, sovereignty, unity and pride. It argues that disrespect towards the song should be viewed seriously because of the values it represents.
The petitioner further maintains that national interest should take precedence over personal interests and that promoting respect for national symbols is part of protecting the country’s hard-earned freedom and sovereignty.
What the Petition Says About Respect for Vande Mataram
In its submission, the petitioner argues that ‘Vande Mataram’ deserves formal recognition because of its association with India’s history and national identity. The plea says the song should be treated with due respect whenever it is sung or played and should not be used in settings that, in the petitioner’s view, undermine its significance.
The petition specifically objects to dramatising the song or including it in variety shows. It argues that everyone present during a performance should show due respect and honour.
It also raises concerns about the way the song is allegedly used in films and at parties, claiming that the lack of clear rules has allowed inappropriate treatment of the composition.
These concerns underpin the request for formal guidelines. The petitioner wants the government to establish a national policy that would promote the song and set out expectations for its observance.
The claims about the song’s treatment and the proposed restrictions are arguments advanced in the petition. Whether the court accepts those arguments or directs the government to introduce the requested policy will depend on the legal proceedings.
Why the Transfer Plea Is Before the Supreme Court
The petition seeking equal status for ‘Vande Mataram’ is pending before the Delhi High Court. Advocate Ashwini Upadhyay has sought its transfer to the Supreme Court on the ground that a similar petition is already pending before the top court.
The transfer request is intended to bring the related litigation before the Supreme Court. The petitioner argues that the existence of a similar case makes it appropriate for the matter to be considered at the national level.
The Supreme Court is likely to consider this request on October 27. The bench expected to hear the plea comprises Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana.
The immediate question is whether the pending Delhi High Court litigation should be transferred. The broader petition seeks equal status for ‘Vande Mataram’, formal observance guidelines and directions concerning its use in educational institutions.
No final decision on those wider requests is established by the information available in the report. The expected hearing is therefore an important procedural step in the case rather than confirmation that the petitioner’s demands have been accepted.
Key Demands in the Vande Mataram Petition
- Transfer of the case: The petitioner has asked the Supreme Court to transfer the public interest litigation from the Delhi High Court because a similar petition is pending before the top court.
- Equal status: The plea seeks equal status for ‘Vande Mataram’ alongside the national anthem, ‘Jana Gana Mana’.
- National policy: The petition calls on the government to frame a policy to promote and propagate both compositions.
- Guidelines for observance: The petitioner seeks formal rules governing how ‘Vande Mataram’ should be sung, played and respected.
- Daily observance in schools: Directions have been sought for the Centre and the Delhi government to ensure that both songs are played and sung in schools and educational institutions on every working day.
- Restrictions on certain uses: The plea argues that ‘Vande Mataram’ should not be dramatised or included in variety shows.
- Historical significance: The petition highlights the song’s role in India’s freedom struggle and cites a statement made by Constituent Assembly Chairman Rajendra Prasad in 1950.
What Happens Next in the Vande Mataram Case?
The Supreme Court is expected to hear the transfer plea on October 27. The matter is listed before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, according to the Supreme Court website.
The court will consider the request to transfer the litigation from the Delhi High Court, where the public interest petition concerning ‘Vande Mataram’ is pending. The petitioner has cited the existence of a similar petition before the Supreme Court as the reason for seeking the transfer.
The wider case raises questions about the national song’s status, the creation of formal guidelines for its observance and the proposed requirement for schools and educational institutions to play and sing it alongside ‘Jana Gana Mana’ on working days.
The petition also advances arguments about the historical importance of ‘Vande Mataram’ and the government’s responsibility to promote respect for national symbols. These remain the petitioner’s claims and requests unless and until the court rules on them.
Conclusion
The Supreme Court may hear the Vande Mataram equal status plea on October 27, with advocate Ashwini Upadhyay seeking the transfer of a related public interest litigation from the Delhi High Court. The petition argues that ‘Vande Mataram’ deserves equal status alongside ‘Jana Gana Mana’ because of its historical role in India’s freedom struggle and its significance to national identity.
Among its key demands are a national policy to promote both compositions, formal guidelines for the observance of ‘Vande Mataram’ and directions to ensure that both songs are played and sung in schools and educational institutions on every working day. The petitioner has also called for restrictions on certain uses of the national song, including dramatisation and inclusion in variety shows.
The immediate issue before the Supreme Court is the request to transfer the pending litigation. The expected hearing does not, by itself, mean that the court has granted equal status to ‘Vande Mataram’ or accepted the proposed guidelines. The outcome of the proceedings will determine how the case moves forward.
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