PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to the GO bearing File No.14.02.2025-Public dated 28.01.2026 issued by the 1st respondent and quash the same and direct the respondents to issue appropriate administrative instructions and protocol guidelines ensuring that Tamil Thaai Vaazhthu, being the officially recognized State Song of Tamil Nadu is rendered at the commencement of official State functions and constitutional ceremonies and is not relegated to a position subsequent to Vande Mataram or the National Anthem in the absence of any express constitutional statutory or binding executive mandate.

ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

This public interest litigation challenges the Circular dated 28.1.2026 issued by the first respondent. The petitioner seeks to quash the said circular and direct the respondents to issue guidelines ensuring that Tamil Thaai Vaazhthu, the official State song of Tamil Nadu, is sung at the start of all official functions and constitutional ceremonies.

2. The petitioner states Tamil Thaai Vaazhthu was written by Manonmaniam Sundaram Pillai in 1891. The State of Tamil Nadu officially declared it the State song on 17.12.2021. The State functions in Tamil Nadu have traditionally opened with Tamil Thaai Vaazhthu and closed with the National Anthem. However, during the swearing-in ceremony of the Chief Minister and Council of Ministers on 10.5.2026, Tamil Thaai Vaazhthu was sung third, following Vande Mataram and Jana Gana Mana. The petitioner claims this altered order of rendition dilutes the ceremonial status of the State song, violating cultural rights under Article 29(1) and principles of federalism. It is further stated that the circular dated 28.1.2026 does not explicitly mandate rendering State songs after national songs.

3.1. When the matter was taken up today, the learned Senior Panel Counsel appearing on behalf of respondent Nos.1 and 2 placed before the court a revised circular dated 9.7.2026 issued by the Ministry of Home Affairs. Learned Senior Panel Counsel highlighted Paragraph 3 of the revised circular, which reads:

"3. In some of the States, State Song is also sung and played along with National Anthem/National Song. It is stated that whenever State Song is sung or played with National Song/National Anthem, both the National Song and National Anthem shall be sung or played together; and National Song will be sung or played first followed by National Anthem."

3.2. Learned Senior Panel Counsel further submitted that the whenever a State song is rendered with the National Song and National Anthem, the National Song (Vande Mataram) and National Anthem (Jana Gana Mana) must be performed together, with the National Song preceding the National Anthem. He added that the individual States retain full discretion to decide when to render their State song and may place it at any point in the programme.

4. It is brought to our notice that the State of Tamil Nadu has also issued Government Order G.O.Ms.No.531, Public Department, dated 12.8.2026. This order explicitly refers to the Central Government's revised circular dated 9.7.2026 and confirms that Tamil Thaai Vaazhthu shall continue to be sung at the beginning of programmes across educational institutions, universities, government offices, and public sector undertakings in Tamil Nadu.

5. The revised circular dated 9.7.2026 leaves the placement and performance of State song to the discretion of the State Government. The Government of T