The Supreme Court on Tuesday sought the Centre's response on a plea by Carnatic vocalist TM Krishna challenging a law that mandates singing of six stanzas of the national song Vande Mataram and provides for penal consequences.
A bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana took note of submissions by senior advocate S Muralidhar, appearing for Krishna, and said it may examine the penal provisions of the law.
The court, however, did not issue notice to the Centre at this stage. It observed that there was no doubt that Vande Mataram is the national song, but said the penal consequences could be examined in the context of the fundamental rights guaranteed under Articles 25 and 26 of the Constitution.
Articles 25 and 26 guarantee freedom of religion, including the right of individuals and religious denominations to practise and manage their religious affairs.
Krishna has challenged the amendment bringing Vande Mataram within the ambit of the Prevention of Insults to National Honour Act, contending that the last four stanzas invoke Hindu deities and that making their singing mandatory violates the secular character of the Constitution.
The plea also contends that imposing penal consequences for not singing the specified stanzas is arbitrary, violates personal liberty and furthers a "majoritarian religious message".
(With inputs from PTI)
