Breaking: Apex Court Restrains TM Krishna From Being Recognised As Sangita Kalanidhi MS Subbulakshmi Awardee

The Supreme Court today issued notice in a Special Leave Petition (SLP) challenging the Madras High Court's decision to allow Carnatic vocalist TM Krishna to receive the Sangita Kalanidhi MS Subbulakshmi Award.

The prestigious award, instituted by the Music Academy, Chennai, will be conferred on Krishna during the festival’s inauguration on January 1, 2025.

The Bench of Justice Hrishikesh Roy and Justice SVN Bhatti ordered, "Issue notice, returnable in four weeks. As an interim measure, as the award has already been awarded on 15.12.2024, we deem it appropriate to restrain Defendant No. 4 (TM Krishna) from being recognized as a recipient of the Sangita Kalanidhi MS Subbulakshmi Award and is also restrained from projecting as a receipient of the Award."

"This interim order should not be seen as a reflection on The Hindu (sponsor), the music academy, or as a comment on the singing ability of TM Krishna," the Bench clarified. 

At the outset, Senior Advocate C. S. Vaidyanathan, appearing for the Music Academy submitted that the matter has now become infructuous and the award has been conferred. 

Additional Solicitor General (ASG) Venkataraman, appearing for the Petitioner, submitted, "This is given to a person who made a misogynistic comment against a Bharat Ratna awardee. This is in complete contravention of the operating injunction order." The ASG argued, "If somebody comments Mahatma Gandhi is the greatest hoax and an award instituted in Mahatma Gandhi's memory is given to such person, will it not offend constitutional values of the country?"

The ASG then explained to the Court, "Please see who this Bharat Ratna awardee is." 

To this, Justice Roy said, "You are introducing Ms. Subbulakshmi to us? We know she is far above recognition...While you are making submissions, melodies are coming to our ears."

ASG Venkataraman then took the Bench through the achievements of MS Subbulakshmi and the alleged remarks of TM Krishna. He argued that the event had happened in violation of the Court's order and the Court should interfere.

Senior Advocate Gopal Sankaranarayanan appeared for the Hindu.

After hearing the submissions at length, the Court noted, "The Division Bench, vide the impugned order, while observing that plaintiff cannot claim a legal injury through conferment of the award, noted the legal consequences of granting the interim injunction...there could be some personal grudge of plaintiff against 4th defendant. The Court opined that no enforceable legal right was noticed in favour of the plaintiff."

It is to be noted that on December 13, the CJI-led Bench had refused to grant an urgent hearing of an appeal challenging the Madras High Court's decision to allow Carnatic vocalist TM Krishna to receive the Sangita Kalanidhi MS Subbulakshmi Award. "The award can be taken back," the CJI had said. 

Pertinently, on December 13, the Madras High Court had set aside a single-judge order, allowing a leading newspaper group, The Hindu, to present a cash award carrying the name of Carnatic music legend M S Subbulakshmi to the winner of the Sangita Kalanidhi, to be conferred on T M Krishna on the first day of 2025—instituted by the prestigious The Music Academy, Chennai.

A division bench comprising Justice S.S. Sundar and Justice P. Dhanabal disagreed with the earlier interpretation of Justice G. Jayachandran, who had ruled on November 19 that instituting an award in M.S. Subbulakshmi’s name violated her last will and testament. The bench clarified that the term "memorial" in Subbulakshmi's will could be interpreted differently and did not explicitly prohibit awards being named after her.

The Hindu Group has been sponsoring the M.S. Subbulakshmi Award since 2005. Shrinivasan, however, argued that the Carnatic music legend’s 1997 will expressly prohibit any trust, foundation, or memorial in her name, or the collection of funds or donations associated with her legacy. He contended that naming the award after her violated her explicit wishes.

Shrinivasan also opposed the award being conferred on T.M. Krishna, describing it as a “Bhakti prize for an atheist.” Krishna, known for his unconventional approach to Carnatic music and outspoken views, has often been a polarizing figure within the conservative music fraternity.

The controversy deepened after Krishna was selected for the Sangita Kalanidhi award by the Music Academy earlier this year, triggering opposition from certain quarters of the Carnatic music community. Critics accused Krishna of "vilifying" traditional Carnatic music and supporting figures like E.V.R. Periyar, who they alleged propagated anti-Brahmin sentiments. Some artists, including the duo Ranjani-Gayatri, withdrew from the music season, while others threatened to return their awards.

Cause Title: V. Shrinivasan v. The Publishing Private Limited [Diary No. 58560/2024]