Karnataka High Court: While considering the instant petition challenging the State Government’s 2022 order prescribing that the State Anthem ‘Jaya Bharata Jananiya Tanujate’ must be sung in the specific tune/raga as composed by noted singer, Late Mysuru Ananthaswamy, especially in qualified spaces such schools, government offices etc., the Bench of Krishna S. Dixit, J.*, pointed out that the raga/tune in issue, is being followed for about two decades with no complaint from the quarters concerned. It was further pointed out that the prescription of particular raga for singing the State Anthem is preceded by a study by a High-Level Committee comprising of experts in the field. The Committee after due deliberation had submitted its report and the Government having looked into the same, came out with the impugned order followed by the subject corrigendum.
Therefore, the argument that the action of the Government in prescribing a particular raga/tune for the singing of State Anthem is arbitrary and unreasonable, is liable to be rejected.
Background and Contentions: Kaviratna Kuppalli Venkatappa Puttappa ‘Kuvempu’, authored ‘Jaya Bharata Jananiya Tanujate’ in 1930 which the Government of Karnataka adopted as the State Anthem on 29-12-2003.
The petitioner, who is an acclaimed singer, approached the Court challenging the Government Order dated 25-09-2022 prescribing a specific raga/tune for singing of State Anthem. The petitioner contended that impugned order constitutes an unreasonable clog/restriction on the right to expression guaranteed under Art. 19(1)(a) of the Constitution.
It was further argued that asking citizens to sing a song in a particular tune/raga is constitutionally impermissible unless it is authorized by law i.e., legislation, and therefore, in
exercise of executive power, such an imperative cannot be levied. It was argued that citizens are free to sing any song in any tune/raga, especially when the author of the State Anthem (Naadageethe), Kaviratna Kuppalli Venkatappa Puttappa ‘Kuvempu’ himself did not prescribe any particular tune/raaga.
It was also argued that merely because a Committee constituted for the purpose had recommended a particular tune/raga for the State Anthem, the impugned order does not get validated.
Per contra, the respondents submitted that the petitioner has not demonstrated as to which right of his has been breached by the impugned order. It was submitted that no individual right of the petitioner has been infringed by the prescription of tune/raaga for singing the State Anthem inasmuch as it is always open to citizens to sing the said song in any tune/raaga of their choice. It was stated that no citizen has a right to insist that he be allowed to sing Naadageethe in schools, government departments and governmental bodies.
It was further contended by the respondents that, government has power to issue the impugned order under Karnataka Education Act, 1983 and via the executive power vested under Art. 162 of the Constitution and that the prescription of a particular tune/raaga for rendering Naadageethe was made after duly considering the unanimous report of Expert Committee, therefore the order did come out of the blue.
Court’s Assessment:
Perusing the facts and the contentions raised by the party, the Court noted that issue between the parties is not the singing of Naadageethe per se, but the tune/raaga in which it is directed to be sung in schools regularly and in governmental bodies during occasions.
Taking note of the petitioner’s argument vis-à-vis State Government not being competent to make the impugned order and lack of nay statutory backing for same, the Court found it difficult to approve the contention as the impugned order does not come in his way of singing Nadageethe in any tune/raaga of his choice. Furthermore, the Court further noted that no school has come forward to challenge the impugned order petitioner is not espousing the cause of any school, either.
The Court stated that since the impugned orders do not affect the rights of petitioner to sing Naadageethe in any raaga of his choice anywhere and at any time except in qualified spaces, he is not an “aggrieved person”.
Furthermore, the power to prescribe State Anthem and to specify raaga in which it is to be rendered in schools, broadly avails to the State Government under Section 3(1) of Karnataka Education Act, 1983. The power to regulate general education necessarily includes the power to do all that, that is necessary therefor and incidental thereto. Hence, it cannot be gainfully argued that this power does not include the authority to prescribe State Anthem and specify raaga in which it is to be sung in schools. Similarly, when it comes to singing of the State Anthem in government offices, the impugned notification is permissible under Art. 162 of the Constitution.
It was noted that the occupational rights of petitioner guaranteed under Art. 19(1)(g) of the Constitution are not infringed even in the least. “It hardly needs to be stated that the field of education figures in the Concurrent List vide Item No.25 and that the scope of executive power is co-extensive with legislative power”.
It was pointed out that the operation of the impugned order is confined to ‘qualified spaces’ namely, schools, government departments and governmental bodies. Thus, they do not extend to any other spaces/places. “Thus, no right of the petitioner much less his fundamental right to speech and expression can be said to have been infringed even going by any stretch of imagination”.
State Anthem (Naadageethe) needs to be sung in the schools on daily basis before any curricular/non-curricular activity commences. Similarly, in government offices and governmental bodies too, the singing of Naadageethe is imperative although not on regular basis, but on official occasions/functions. “This arrangement cannot be said to be unreasonable when adjudged by any standards obtaining in the contemporary constitutional jurisprudence”. It was pointed out that, if singing the National Anthem Jana Gana Mana in a particular tune is imperative, then, one can safely state that singing the State Anthem in a specified raaga cannot be faltered.
With the afore-stated assessment, the Court found the petition to be devoid of merits and hence it was dismissed.
[Kikkeri Krishna Murthy v. State of Karnataka, 2024 SCC OnLine Kar 44, decided on 24-04-2024]
*Order by Justice Krishna S. Dixit
Advocates who appeared in this case:
For the petitioner- Ashok Haranahalli, Sr. Counsel a/w Vishwanath HM, Advocate
For the respondent- SA Ahmad, AAG and H. Sunil Kumar, Advocate
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