A Buddhist activist has approached the Supreme Court challenging the Union Government's January 28 and July 9, 2026 orders prescribing a six-stanza version of 'Vande Mataram' for singing and playing on specified occasions, contending that the directives violate secularism, fraternity and the fundamental rights of citizens who do not subscribe to Hindu religious beliefs.

The writ petition, filed under Article 32 of the Constitution by BD Borkar, a Scheduled Caste Buddhist, Ambedkarite activist and former National President of the All India Backward and Minority Communities Employees Federation (BAMCEF), also challenges the Prevention of Insults to National Honour (Amendment) Act, 2026, which extends penal protection to the National Song.

Contending that the imposition of the six-stanza version of the song violates secularism and fraternity, the petitioner states :

"By imposing sectarian prayer to particular Goddesses of one particular religion as the National Song of India, the Impugned Orders convert the character of the polity of India from a 'secular republic' to a 'theocracy'."

According to him, such an imposition will "irreversibly deepen communal division and conflict in India by outraging the religious and spiritual feelings of minority religions including the religion of the petitioner (Buddhism);" The move, it is contended, makes a "a mockery of the foundational Constitutional basic structure features of fraternity and secularism."

The petitioner contends that the Centre has effectively replaced the two-stanza version of 'Vande Mataram', which has traditionally been sung at national functions since Independence, with the six-stanza composition appearing in Bankim Chandra Chatterjee's novel Anandamath.

The petitioner argues that the two-stanza version, which predates the novel Anandamath, is distinct from the six-stanza composition incorporated into the novel in 1881. According to the petition, the original two stanzas describe the natural beauty of the motherland, whereas the additional four stanzas invoke Hindu goddesses Durga, Lakshmi and Saraswati.

According to him, Anandamath is a novel "filled with violent and hateful invective against Muslims", and the six-stanza version of the song is used in the context of a war cry. Leaders like Mahatma Gandhi and Rabindranath Tagore had objected to the adoption of all six stanzas, and the first two stanzas were accepted as a formula put forth by Tagore.

The petition cites a 1937 resolution of the Congress Working Committee, which recommended that only the first two stanzas of 'Vande Mataram' be sung at national gatherings. This position was followed during the freedom movement and continued after Independence.

It further refers to the Constituent Assembly's statement of January 24, 1950, when its President, Dr Rajendra Prasad, declared that 'Vande Mataram', which had played a historic role in India's freedom struggle, would be honoured equally with the National Anthem, 'Jana Gana Mana'.

The petitioner argues that the Constituent Assembly did not identify the six-stanza version or direct that all six stanzas be sung. It contends that the continued use of the two-stanza version for decades has acquired the status of a binding legal custom.

MHA doesn't have the authority to impose 6 stanzas : Petitioner

A central argument in the petition is that the Union Ministry of Home Affairs does not have the statutory or constitutional authority to change the content of the National Song through executive orders.

The petitioner contends that the January and July 2026 orders effectively alter the version of the song followed since Independence without identifying any legal source of power authorising such a change.

The July 9 order, according to the petition, also provides for the playing or singing of the National Song on a wider range of occasions, including in schools, and stipulates that when the National Song and National Anthem are played or sung together, the National Song must be played first.

Fundamental rights violations alleged

The petition contends that compelling citizens to sing or participate in the six-stanza version would violate their freedom of conscience and religion under Article 25(1), freedom of speech and expression under Article 19(1)(a), and right to life and dignity under Article 21.

It argues that the right to freedom of speech and expression includes the right to remain silent and not to sing something against one's conscience.

Relying on the Supreme Court's decision in Bijoe Emmanuel v. State of Kerala, the petitioner submits that a person who refrains from singing a national song or anthem cannot automatically be treated as showing disrespect to it.

The petition also invokes Article 28(3), contending that citizens cannot be compelled to participate in religious worship against their conscience.

It further alleges violations of Articles 14 and 15, arguing that prescribing a composition containing religious invocations as the National Song would place citizens who do not subscribe to that faith at a disadvantage.

The petitioner has sought quashing of the Ministry of Home Affairs orders dated January 28 and July 9, 2026, and a direction restraining the Centre from compelling or mandating the singing or playing of the six-stanza version of 'Vande Mataram' at governmental, ceremonial, educational or other specified occasions. The petitioner has also sought a declaration that the two-stanza standalone version alone should be recognised and performed as the National Song, and that no citizen can be compelled to sing or play the National Song or face any penal, civil or administrative consequences for abstaining from doing so.

Last week, while hearing a similar petition filed by Carnatic musician TM Krishna, the Supreme Court had orally said that persons who refrain from singing the song for religious or other reasons should not be penalised.

The petition has been drafted by Advocates Dr G Mohan Gopal, Mayank Singh Rawat, Zaid Ahmed and filed through Vaibhav Choudhary Advocate-on-Record.

Case : BHIMRAO DURYODHAN BORKAR Vs. UNION OF INDIA AND ANOTHER | Diary No. 61620 / 2026