During Tuesday’s hearing, Kamath argued that the State could not decide the content of a national song, particularly after the parliament amended the Prevention of Insults to National Honour Act, 1971 to extend statutory protection to Vande Mataram.
“Who has the prerogative to regulate a national symbol, the national song, the Centre or the State?” asked Kamath.
He also questioned the manner in which the State decision was taken, submitting that the Cabinet had discussed the issue informally without a Cabinet note from the concerned department or legal advice.
Kamath further relied on Articles 256 and 257 of the Constitution, arguing that States are required to comply with parliamentary laws and cannot obstruct the Union’s executive powers.
The State, however, defended the order.
Advocate General Shashi Kiran Shetty referred to the Ministry of Home Affairs (MHA) communication on Vande Mataram and said it was meant only as guidance and did not make singing the song mandatory.
“There is no mandate to sing the national song. From 1932 till today, only the first two stanzas are sung,” he submitted.
Shetty also argued that the amended law does not define “national song” and that the Constitution does not expressly refer to Vande Mataram in the manner it refers to the national anthem.