The Karnataka High Court has postponed the hearing of a Public Interest Litigation (PIL) that contests the state government’s directive limiting the performance of ‘Vande Mataram’ to its first two stanzas during official events. This decision was made by a bench comprising Justice Anu Sivaraman and Justice TP Vivekananda, who have scheduled the next hearing for three weeks later. This adjournment follows the state’s submission that a similar issue is currently under consideration by the Supreme Court.
The PIL, brought forth by advocate Girish Bharadwaj and represented by advocate Angad Kamath, challenges the state order dated September 8, which restricts the rendition of ‘Vande Mataram’ to two stanzas at state government functions. An exception is made for events attended by high-ranking officials such as the President, Vice-President, Prime Minister, or Governor, where all six stanzas may be sung.
This legal challenge arises in the context of a recent amendment to the Prevention of Insults to National Honour Act, 1971. The amendment, enacted in 2026, elevates ‘Vande Mataram’ to the status of a national song, akin to the national anthem, and imposes penalties for preventing or disrupting its singing. Kamath argued that the state order undermines the intent of this parliamentary amendment, which aims to safeguard the full version of the song.
During the hearing, Kamath questioned the state’s authority to determine the content of a national song, emphasizing that such matters fall under the purview of the central government following the amendment. He cited Articles 256 and 257 of the Constitution, which mandate state compliance with parliamentary laws and prevent obstruction of the Union’s executive functions.
In defense, Advocate General Shashi Kiran Shetty argued that the Ministry of Home Affairs’ communication on ‘Vande Mataram’ serves merely as guidance, not as a mandate. He pointed out that historically, only the first two stanzas have been sung since 1932, and the Constitution does not explicitly designate ‘Vande Mataram’ as a national song in the same way it does the national anthem.
This matter is also awaiting deliberation in the Supreme Court, where a petition filed by Carnatic musician TM Krishna challenges the 2026 amendment’s constitutional validity. The Supreme Court has indicated it will scrutinize the potential penal implications of the amendment. During its proceedings, the apex court referenced its 1986 ruling in Bijoe Emmanuel v. State of Kerala, which protected students who stood respectfully during the national anthem but chose not to sing it for reasons of conscience and religion.
The Karnataka High Court has been informed that the Supreme Court is expected to revisit this issue in approximately two weeks. Consequently, the High Court has scheduled the next hearing of the Karnataka PIL for three weeks later.
