The Karnataka government has submitted before the Karnataka High Court that the singing of 'Vande Mataram' is not mandatory under any state directive, clarifying that its order pertains only to the recital of the first two stanzas of the song. The government made this submission in response to a petition challenging the constitutional validity of a government order that allegedly compels the singing of 'Vande Mataram' in educational institutions and official functions.
According to the government’s affidavit filed before the court, the order in question does not mandate the singing of the entire song but specifically directs the recital of only the first two stanzas of 'Vande Mataram'. The state emphasized that this distinction is crucial, as the full song contains stanzas that have been subject to historical and religious sensitivities, particularly due to references in later stanzas that some communities have objected to.
The government further stated that the directive is intended to promote national integration and respect for the song’s historical significance in the Indian independence movement, while avoiding any imposition that could be construed as compelling expression of belief. It argued that limiting the recital to the first two stanzas ensures compliance with constitutional values, including freedom of conscience and expression under Articles 19 and 25 of the Constitution of India.
The petitioners, who challenged the order, have contended that even the recital of the first two stanzas, when made compulsory in schools and government offices, infringes upon the fundamental right to freedom of speech and expression and the right to freely profess, practice, and propagate religion. They argued that the state cannot impose any form of compulsion, however limited, on citizens to participate in a patriotic exercise that may conflict with their personal beliefs.
In its defence, the Karnataka government maintained that the order does not prescribe any penalty for non-compliance and is merely advisory in nature, aimed at fostering a sense of national pride without enforcing uniformity. It cited previous judicial pronouncements where courts have upheld the singing of the national anthem under certain conditions, distinguishing it from cases involving religious imposition.
The government also pointed out that 'Vande Mataram' has been accorded the status of the national song of India, albeit without the same legal standing as the national anthem, and that its recital in a limited form aligns with past practices observed during national events. It stressed that the objective is not to enforce religious or ideological conformity but to acknowledge the song’s role in the freedom struggle.
The Karnataka High Court has not yet passed a final order on the matter. The court is expected to examine whether the directive, even when limited to the first two stanzas, constitutes a reasonable restriction on fundamental rights or amounts to compelled speech under constitutional law. The bench will also consider whether the state has the authority to issue such a directive under the relevant statutory framework governing education and public order.
The case has drawn attention due to the recurring debate over the place of 'Vande Mataram' in public life, particularly given the objections raised by certain minority groups over the historical context of the song’s later stanzas. The government’s position hinges on the argument that limiting the recital to the first two stanzas addresses these concerns while still allowing for a symbolic expression of national unity.
The outcome of the proceedings will depend on the court’s interpretation of whether the state’s directive, as framed, strikes a balance between promoting national sentiment and safeguarding individual liberties. The Karnataka government has urged the court to uphold the order as a reasonable and non-coercive measure, consistent with constitutional principles and prior judicial approaches to similar patriotic exercises.