Karnataka High Court Seeks State's Response On Authority To Prescribe Duration, Raga For Singing State Anthem

The Karnataka High Court on Thursday asked the State government under which authority it is empowered to prescribe that citizens should sing the State Anthem—Jayabharatha Jananiya Thanujathe in a tune composed by Mysore Ananthaswamy and for a particular duration.

The State government has by its order dated September 25, 2022 directed that the State Anthem should be sung for two and half minutes and it has to be sung in the tune composed by Mysore Ananthaswamy.

The State is expected to file its response by September 1.

Senior Advocate Ashok Haranahalli appearing for the petitioner Kikkeri Krishna Murthy, firstly informed the court that he has no issue as to the great poet Kuvempu’s poem being prescribed as Naada Geete. He also does not falter the prescription of singing duration at 2.30 minutes. However, he sought to reserve the right to sing the Anthem in the raga of his choice.

“I am not seeking the court or the government to decide on whether Ananthaswamy or Ashwath tune is better. I am only saying I will give respect to Naada Geete, I am a follower of Ashwath, I will sing it in that tune, can you leave it to my right to express, my respect to the Naada Geete in the manner I want,” Haranahalli submitted.

During the hearing, a single judge bench of Justice Krishna S Dixit heard the views of different artists (who were present in the court) on different ragas and orally said, “What is the legal source of power available to the state government to prescribe that the State anthem should be sung in a particular raga, within particular duration, on such and such occasions?”

“What is the authority of the State to tell a citizen you should sing if at all you want this naada geete in a particular raga within 2 minutes and 30 seconds. I want to sing it raga Jyoti, raga Miyan ki Malhar or raga Megh Malhar. I want to sing it in Miya ki Todi, who is the State to tell me I should sing it in a particular raga, within a particular period?" the Judge added.

The petition states that the entire State was singing the anthem in a tune composed by C Ashwath, after declaring the full text of the poem as an anthem by the government, through an order in 2004.

In June 2013, the Vasantha Kanakapura committee set up for the purpose had said that the tune composed by C Ashwath would be continued for the anthem as even Ananthaswamy had agreed to it. Ananthaswamy had not composed the tune for the entire song, the committee had stated.

Later, the Dr Channaveera Kanavi committee also recommended the tune set by C Ashwath. The latest H R Leelavathi committee had recommended the tune set by Ananthaswamy.

The plea says the petitioner had made a representation to the State government against this on September 17 but the government went ahead and issued the order on September 25. It is claimed it is impossible to implement the government's new order as there is no full tune of the State Anthem composed by Mysore Ananthaswamy.

It is claimed if the government gets another person to compose the tune for the remaining portions, it amounts to showing disrespect to Mysore Ananthaswamy as well as the State Anthem. Thus it seeks to quash the government's order.

Case Title: KIKKERI KRISHNA MURTHY And THE STATE OF KARNATAKA & Others

Case No: WP 19801/2022