Introduction

The Karnataka High Court has deferred further hearing on a Public Interest Litigation (PIL) challenging the State government’s decision to restrict the singing of Vande Mataram to its first two stanzas at official government functions.

A Division Bench comprising Justice Anu Sivaraman and Justice T.P. Vivekananda adjourned the matter by three weeks after hearing preliminary arguments from the petitioner, the Karnataka government and the Centre.

The case comes against the backdrop of a pending Supreme Court matter concerning the norms governing the singing of the National Song and issues related to its rendition and penal provisions.

Karnataka Government’s September 8 Notification

The PIL challenges a notification issued by the Department of Personnel and Administrative Reforms on September 8.

Under the notification, only the first two stanzas of Vande Mataram are to be sung at State government programmes, except at functions attended by the President, Vice-President, Prime Minister or Governor.

The petitioner, city-based advocate Girish Bharadwaj, has questioned the State government’s authority to prescribe which portions of a national song should be performed at official events.

According to the petitioner, the subject falls within the exclusive domain of the Union government and the State does not have the legislative or executive authority to alter the prescribed content of a national symbol or song.

Petitioner Raises Questions Over Cabinet Decision

During the hearing, the petitioner’s counsel Angad Kamath raised questions about the manner in which the State Cabinet arrived at its decision.

The court was told that Vande Mataram was Item No. 37 on the agenda of the Cabinet meeting held on September 3. However, according to the petitioner, no formal departmental note was submitted for consideration on the issue.

The counsel argued that the decision was taken under the heading of an “informal discussion” and without a formal Cabinet note or legal consultation.

The petitioner claimed that the other 36 agenda items were supported by formal notes submitted by the concerned departments. On this basis, the counsel argued that the decision concerning Vande Mataram could not be treated as a Cabinet decision under the Karnataka Government (Transaction of Business) Rules, 1977.

These are submissions made on behalf of the petitioner and remain subject to consideration by the High Court.

PIL Challenges Two-Stanza Restriction

The petition also points to what it describes as an internal contradiction in the September 8 notification.

The notification refers to ensuring “uniformity, dignity and due observance of appropriate protocol”. The petitioner, however, argues that limiting the rendition to two stanzas creates a Karnataka-specific variation rather than ensuring uniformity.

The PIL therefore seeks judicial scrutiny of the State government’s decision and the authority under which the notification was issued.

Karnataka Government Refers to Supreme Court Proceedings

During the hearing, Karnataka’s Advocate General K. Shashi Kiran Shetty referred to proceedings before the Supreme Court.

He submitted that the Centre had previously informed the Supreme Court and the High Court that singing the National Song is not mandatory.

The Advocate General also pointed to a fresh Supreme Court plea concerning penal provisions related to insulting the National Song and connected issues. The Supreme Court has given the Centre two weeks to respond in that matter.

The State’s position is therefore linked to the broader legal questions currently pending before the apex court.

Petitioner Clarifies Scope of Challenge

The petitioner’s counsel clarified that the PIL does not seek to force individuals to sing Vande Mataram.

The submission referred to the Supreme Court’s decision in Bijoe Emmanuel v. State of Kerala, which is relevant to questions concerning individual freedom and compulsory participation in national songs or similar observances.

Instead, the petitioner is challenging the State government’s practice of having a truncated version of Vande Mataram played or sung at official functions.

Centre Supports Petitioner’s Position

The Centre also made submissions before the Karnataka High Court.

Additional Solicitor General of India K. Arvind Kamath supported the petitioner’s position and told the court that the Centre’s order concerning the National Song establishes norms regarding when it is required to be sung and when it is optional.

According to the ASG, when Vande Mataram is sung, it should be rendered in its official version containing all six stanzas.

This submission places the Centre’s position in contrast with the Karnataka government’s September 8 notification restricting the rendition at specified State functions to the first two stanzas.

Supreme Court Proceedings Remain Relevant

The Karnataka High Court’s decision to defer the matter is connected to the legal questions pending before the Supreme Court.

The apex court is examining issues concerning norms for singing the National Song, including questions surrounding whether its rendition is mandatory and provisions dealing with alleged insult to the National Song.

The outcome of those proceedings could have a bearing on the legal arguments being raised before the Karnataka High Court.

Key Highlights

• Karnataka High Court has deferred further hearing on the Vande Mataram PIL by three weeks.
• The petition challenges the State government’s September 8 notification.
• The notification permits only the first two stanzas at specified State government functions.
• Exceptions apply to functions attended by the President, Vice-President, Prime Minister or Governor.
• The petitioner argues that the State lacks authority to prescribe the content of a national song.
• The petitioner has questioned the Cabinet decision-making process and alleged the matter was discussed informally.
• The State has referred to the pending Supreme Court proceedings on the National Song.
• The petitioner has clarified that the PIL does not seek compulsory singing by individuals.
• The Centre’s counsel told the court that when Vande Mataram is sung, it should be rendered in its official six-stanza version.
• The next hearing is expected after the three-week adjournment.

Professional Disclaimer & Third-Party Reference

This article is based on the facts and legal submissions contained in the reported proceedings concerning the Karnataka High Court PIL. Statements attributed to the petitioner, Karnataka government and Centre represent their respective submissions before the court and should not be treated as final judicial findings. Legal positions may change as proceedings continue. Information has been referenced from standard third-party news reporting and publicly reported court proceedings, including The Hindu.

Conclusion

The Karnataka High Court’s decision to defer the PIL keeps the dispute over the State’s two-stanza Vande Mataram notification open for further judicial consideration. With related proceedings pending before the Supreme Court, the next stages of the case could provide greater clarity on the legal framework governing the rendition of the National Song at official functions.