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Karnataka Governor Thaawarchand Gehlot has asked Chief Minister D.K. Shivakumar to reconsider the State Government's decision restricting recital of the National Song 'Vande Mataram' to first-two stanzas only at state government functions, except those attended by the President, Vice-President, Prime Minister, or Governor.

In the letter dated September 21, the Governor said the state's decision is contrary to the guidelines of the Union Government, and in violation of the Prevention of Insults to National Honour (Amendment) Act, 2026. He said that the decision needs re-consideration in the light of the constitutional position, the Central Government's orders governing the National Song, and statutory developments that occurred in 2026.

The Governor's letter states:

"In these circumstances, I advise you to reconsider the aforesaid decision and examine whether the impugned restriction to two stanzas can be sustained consistently with:
 “(1) the Prevention of Insults to National Honour (Amendment) Act, 2026;
 (2) the orders and instructions issued by the Ministry of Home Affairs concerning the official version and rendition of the National Song;
 (3) Articles 162, 256 and 257(1) of the Constitution;
(4) the constitutional distribution of legislative and executive powers between the Union and the States; and
 (5) the requirement of maintaining uniformity and dignity in the observance of nationally prescribed protocols concerning national symbols"

First of all, the Governor referred to the Ministry of Home Affairs' 'Orders relating to the National Song and the National Anthem of India', dated July 9, which prescribe the official version of 'Vande Mataram' to be sung”. 

Governor has told the CM that such orders are part of the national protocol concerning the National Song; these have been circulated to the States for compliance. The Ministry's order identifies the National Song and its official version and places the relevant orders parallel to the national-symbol legislation and protocols, the letter states.

The Governor also drew the CM's attention to the Centre's instruction that, on occasions when the National Song is sung in mass singing, the official version is to be recited.

The Central instructions therefore leave no scope for a State Government to prescribe a different or truncated version for State Government functions, the letter remarks.

The Governor has further flagged the issue as not merely one of administrative convenience, but concerning the conformity with the 'nationally prescribed protocol governing a national symbol'.

Pertinently, Governor further pointed out that the amendment to the Prevention of Insults to National Honour Act, 1971 recently in 2026 extends statutory protection to the National Song as well.

The amended provision, according to the letter, covers intentional prevention of the singing of the National Song and intentional disturbance of an assembly engaged in such singing. Parliament has thus expressly brought the National Song within the statutory ambit, the Governor says in the letter.

On the powers of the state under Article 162, the Governor added that the executive power of a State is limited to matters with respect to which the State Legislature has power to make laws.

Subject matters such as the national symbol falls outside the legislative competence of the State, and hence the State executive cannot, merely by executive instruction, prescribe something contrary to the national protocol, the governor adds. The national song and regulation of tis official version falls outside the purview of 'State List', whereas the Central Government has the executive power to ussue the orders pertaining to the same, the Governor says.

The constitutional distribution of executive power under Articles 73 and 162 therefore warrants a careful consideration, before a State Government adopts a protocol inconsistent with the Union's prescribed protocol, the letter states further.

Article 256 and 257(1) of the Constitution has also been cited by the Governor to indicate that the state must abide by the laws made by the Parliament and existing statutory provisions, and that the executive powers of the state should not impede the executive power of the Union

When the Union Government has prescribed an official version and protocol for the rendition of the National Song, a State Government order prescribing a substantially different version may give rise to an avoidable constitutional question, the Governor cautions the Chief Minister in the letter.

Citing the aforesaid reasons, the Governor has advised the State Government to re-consider the Government Order dated 8 September 2026 and to follow the Central Government's prevailing circular concerning the rendition of the National Song at State Government.

Notably, the Supreme Court today while hearing plea by Carnatic musician TM Krishna challenging the constitutional validity of the 2026 amendment to the Prevention of Insults to National Honour Act, 1971, which extends penal protection to the National Song, Vande Mataram orally said that it expects that the precedent in 'Bijoe Emmanuel' will be followed, and that a person who does not sing it for religious reasons will not be subjected to penal consequences.

In a related development, the Karnataka Government told the High Court on Tuesday (September 22) that the performance of the National Song Vande Mataram is not mandatory unlike the National Anthem, while defending its circular mandating singing of only first two stanzas of the National Song at State functions. 

The high court was hearing a PIL challenging State Government's order mandating singing of only first two stanzas of the National Song 'Vande Mataram' at State Government functions, except those attended by the President, Vice-President, Prime Minister, or Governor.

Earlier, in another matter, the Karnataka High Court had refused to entertain a PIL challenging the Ministry of Home Affairs' circular issued on January 28 and subsequent protocol titled 'Orders Relating to the National Song of India', advising the singing of all six stanzas of the national song 'Vande Mataram' in all schools. The court had then noted that the MHA circular mentions 'may' and is thus, not made mandatory yet.

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