The Supreme Court, refusing to take a petition concerning the circular issued by the Union government on playing and singing of the song Vande Mataram, said on Wednesday that the directive is only advisory and has no legal binding effect.
With Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi presiding over it, it was noted that the January 28 circular does not impose any compliance or prescribe any punishment to those who would prefer not to follow it. The Supreme court labeled the petition as premature and resting on indistinct fears saying the advisory had not been shown to be coercive or discriminatory.
In the hearing, the bench kept on asking the petitioner about the legal implications of the circular, and that no other institution or individual was given any notice or subjected to any punishment. “Nothing is mandatory. An advisory, the court said, and that it is quite clear that the circular is merely a description of a protocol without enforcement of the same.
The case, submitted by Muhammed Sayeed Noori, was declined by the court that discovered that there was no strong reason to take action. The petitioner was represented by senior advocate, Sanjay Hegde, who claimed that words such as respect and decorum might cause indirect pressure but this could not be considered by the bench.
The decision confirms that the involvement in such practices cannot be legally compelled in the absence of clearly defined mandatory requirements or penalties.