Karnataka HC Dismisses Plea Challenging State Government’s Direction To Sing State Anthem In Specific Tune
|The Karnataka High Court dismissed a writ petition challenging an order passed by the State of Karnataka directing the rendition of the State Anthem ‘‘Jaya Bharata Jananiya Tanujate” in a specific tune or raaga.
The Bench of Justice Krishna S Dixit observed, “In all justification, 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 made 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. Singing the National Anthem facing the National Flag in qualified spaces like the schools and public offices is necessary to teach students and citizens patriotism and respect for the country. The same purpose is achieved by making the singing of Naadageethe imperative. It generates love for the State, for its people,for plurality of religions/faiths, cultures, rivers, forests, mountains, etc., that are beautifully depicted in the subject song.”
Senior Advocate Ashok Haranahalli appeared for the Petitioner and AAG SA Ahmed appeared for the Respondents.
The Petitioner, herein, is an acclaimed singer who has filed the writ petition challenging a government order prescribing that the Anthem of the State of Karnataka ‘Jaya Bharata Jananiya Tanujate’ in a specific tune/raaga as composed by late Sri. Mysore Ananthaswamy, a singer of great repute, in yester decades.
The Court discussed Kaviratna Kuvempu, who was the most popular poet, playwright, novelist and literary critic of great repute, and heritage of the State. It said, “It is Kuvempu who penned ‘Jaya Bharata Jananiya Tanujate’ in 1930 which the Government of Karnataka adopted as the State Anthem on 29.12.2003. This song being immensely emotive, vividly picturizes with beauty the land, mountains, rivers, forests, faiths/religions, cultures, saints/sages, poets, singers/musicians and dynasties of Karnataka, in the bygone era.”
On the contention of the Petitioner, as regards fundamental rights to sing the Anthem, the Court held, “In other words, no right of the petitioner much less his fundamental right to speech and expression constitutionally guaranteed under Article 19(1)(a) or his occupational rights secured under Article 19(1)(g) can be said to have been infringed even going by any stretch of imagination. Therefore, his contention that the impugned order constitutes an unreasonable restriction, does not merit acceptance. The question of adjudging reasonableness of restriction does arise only when the substantive right and its curtailment are demonstrated. However, such demonstration is lacking in this case.”
A High-Level Committee was also constituted comprising experts in the field. The Committee after deliberation had submitted reports. The Government having looked into the same, has come out with the impugned order followed by the subject corrigendum. The Court said, “Therefore, the argument that the action of the Government in prescribing a particular raaga/tune for the singing of State Anthem is arbitrary and unreasonable, is liable to be rejected, to say the least. The subject raaga/tune is being followed for about two decades or so, with no complaint from the concerned quarters, also cannot be overlooked while deciding the lis brought before the court.”
Accordingly, the Court dismissed the petition as being devoid of merits.
Cause Title: Sri. Kikkeri Krishna Murthy v. The State of Karnataka and Ors.
Appearances:
Petitioner: Senior Advocate Ashok Haranahalli and Advocate Vishwanath HM
Respondents: AAG SA Ahmed and Advocate H Sunil Kumar