A public interest litigation (PIL) has been filed before the Karnataka High Court challenging the State Government’s order restricting the singing of the National Song ‘Vande Mataram’ to only its first two stanzas at state functions.

The order, dated September 8, provides that the first two stanzas of ‘Vande Mataram’ will be sung at state functions, except those attended by the President, Vice-President, Prime Minister or Governor.

The petition has been filed by Advocate Girish Bharadwaj through Advocate Angad Kamath and is expected to be mentioned before the High Court today for listing.

The petitioner has challenged the order issued by the Department of Personnel and Administrative Reforms following a Cabinet decision taken on September 3. It has been argued that the State Government’s decision is contrary to the protocol prescribed by the Union Government.

The plea relies on a July 9 communication issued by the Ministry of Home Affairs, which allegedly requires the official six-stanza version of ‘Vande Mataram’ to be sung on all occasions.

The petitioner has also questioned the State Government’s power to regulate the singing of the National Song through an executive order.

The PIL argues that ‘National Song’ is not covered under either List II (State List) or List III (Concurrent List) of the Seventh Schedule of the Constitution. Therefore, it is contended that the subject falls within Parliament’s exclusive legislative domain under Entry 97 of List I, read with Article 248 of the Constitution.

The petitioner further argues that if the State Legislature itself cannot legislate on a subject, the State Government cannot exercise such power through an executive order under Article 162 of the Constitution.

The matter is expected to come up before the Karnataka High Court for consideration on listing.