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 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.

A division bench of Justice Anu Sivaraman and Justice TP Vivekananda however did not adjudicate the issues raised in the PIL and directed that further steps in the matter await the outcome of proceedings before the Supreme Court concerning the National Song.

This, after Advocate General appearing for the State informed the Court that a plea challenging the constitutional validity of the 2026 amendments to the Prevention of Insults to National Honour Act, 1971, is pending before the Supreme Court and would have a direct bearing on the issues raised in the present PIL.

"In the above view of the matter, further steps should await further orders of the Apex Court. List after 3 weeks," the court said in its order. 

Meanwhile opposing the PIL, the Advocate General submitted that there is no statutory mandate to sing the National Song, unlike the National Anthem.

However advocate Angad Kamath appearing for the petitioner said that the while the Union government has prescribed 6 stanzas, state government has directed that only 2 stanzas need to be sung.

"It is an attempt by State to override National Song itself," Kamath added. He said that a national symbol can be legislated upon only by the Centre.

"There is no mention of it in List 2 or List 3 , it doesn't concern national symbol. It is within the competence of Union. If each State Government were to decide contents of the National Symbol, it will be 28 local variations of the song," Kamath added. 

He further said that the State order is contrary to the Prevention of Insults to National Honour (Amendment) Act, 2026 which received Presidential assent on August 6, 2026.

He said that the Amendment brought about a major change in Section 3 of the erstwhile 1971 Act to extend the same statutory protection as the National Anthem to the National Song, making it an offence to intentionally prevent its singing or disturb an assembly engaged in singing it. 

Meanwhile Additional Solicitor General appearing for the Centre said that the government's order produced in the PIL is under 256 and 257(1) of the Constitution and the State Government "is bound to comply with that".

"The AG wrongly said that the central government is not mandating any particular version. It is not for information, its for compliance. We say what is the official version," the ASG said. 

The court however asked if the Centre's order has been challenged before the Supreme Court, to which the Advocate General said that the matter was listed for hearing before the Supreme Court today. 

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 is not within the remit of the Court to decide what the "National Song" is.

In the case at hand, the AG said, "You are making it a penal provision...the performance of the national song is not mandatory...unlike National Anthem. Article 51 talks about National Flag and National Anthem, not National Song. National Song doesn't come under any statute". 

However the ASG said that the recent order by the Centre issued on July 9, 2026 mandates playing of National Song's official version and that it shall be played in 5 occasions. He said that only the official version of the National Song can be sung. 

"The order makes it mandatory. When under 256 and 257(1), the Union has issued a binding order, can the State ignore it? The stand of the Centre is that the official version consists of 6 stanzas and it must be sung that way," the ASG said. 

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.