BENGALURU: The Karnataka High Court on April 9, 2026, refused to entertain a public interest litigation (PIL) challenging an advisory issued by the Ministry of Home Affairs regarding the singing of the national song ‘Vande Mataram’ in schools. The court observed that the advisory is not mandatory in nature and dismissed the plea as “premature.”
A division bench comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha noted that the circular issued by the Ministry uses the word “may,” indicating that it is only directory and not binding on institutions. The bench emphasised that there are no penal consequences for non-compliance, thereby weakening the petitioner’s argument that the advisory infringes constitutional principles.
The petition was filed by advocate Somashekar Rajavamshi, who questioned the constitutional validity of the protocol titled ‘Orders Relating to the National Song of India,’ published on the Ministry’s official website in February. The petitioner argued that the advisory, which suggested singing all six stanzas of ‘Vande Mataram,’ violates the Constitution’s secular basic structure.
He specifically raised objections to the song’s fifth stanza, which invokes Hindu deities such as Durga, Vani (Saraswati), and Kamala (Lakshmi). According to the petitioner, including such references in an official setting like schools could be seen as promoting a particular religion, thereby undermining the secular fabric of the nation. He urged the court to restrict the official rendition of the national song to its first two stanzas, which are widely accepted and devoid of explicit religious references.
However, the Additional Solicitor General, representing the Ministry, clarified that the advisory was purely discretionary. He submitted that schools are not obliged to implement the suggestion, nor are students compelled to sing the national song daily. The Centre maintained that the circular merely provides guidance and does not impose any enforceable requirement.
Taking note of these submissions, the High Court observed that the petitioner’s apprehensions about possible social discrimination against students who may choose not to sing ‘Vande Mataram’ were vague and unsupported by concrete evidence. The bench further pointed out that the national song itself is not governed by any statutory framework that mandates its compulsory use in educational institutions.
“The word ‘may’ is used. There are no penal or adverse consequences. Nobody has asked that you do it in your academy,” the Chief Justice remarked during the hearing, underlining the non-binding nature of the advisory.
In its order, the court concluded that the PIL was premature, as no actual harm or enforceable action had arisen from the advisory. It therefore declined to interfere at this stage, leaving the issue open for reconsideration if circumstances change in the future.
The development comes in the backdrop of a similar matter being raised before the Supreme Court of India last month. The apex court had also refused to entertain a plea seeking to make the singing of ‘Vande Mataram’ mandatory, reiterating that no such compulsion currently exists.
Legal experts note that the High Court’s decision reinforces the principle that advisory guidelines lacking statutory backing or enforceability cannot be easily challenged unless they result in tangible violations of rights. The ruling also highlights judicial restraint in intervening in policy matters that are merely recommendatory.
