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States Retain Discretion to Place State Song at Official Functions, Madras HC Dismisses PIL
The has dismissed a challenging the order in which state songs are rendered at official functions, after the Union government clarified that individual states retain full discretion to decide when to play their state song.
A of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan closed the filed by Ananya Radhakrishnan, who had contested the placement of Tamil Thaai Vaazhthu after Vande Mataram and Jana Gana Mana during the swearing-in ceremony of the Chief Minister in .
A Song Out of Order: The Case in Brief
The petitioner argued that traditionally, Tamil Thaai Vaazhthu opened official functions in Tamil Nadu and was followed by the National Anthem, but during the ceremony it was sung third, diluting its ceremonial status. She contended this violated under and , and challenged a Union circular dated that she claimed did not adequately protect the state song's place.
Discretion, Not Dictation: The Centre's Revised Stance
When the matter came up for hearing, placed before the court a revised circular dated from the . The circular clarified that whenever a state song is performed alongside the National Song (Vande Mataram) and the National Anthem (Jana Gana Mana), the two national compositions must be sung together with Vande Mataram first. Importantly, it left the placement of the state song entirely to the .
The court noted the critical shift in policy:
"The revised circular dated
leaves the placement and performance of State song to the discretion of the State Government."
Tamil Nadu's Assurance
Further fortifying the position, the issued G.O.Ms.No.531, , dated . The order explicitly references the Centre's revised circular and confirms that Tamil Thaai Vaazhthu shall continue to be sung at the commencement of programmes across educational institutions, universities, government offices, and public sector undertakings.
Thus, the state formally reaffirmed that its official song will lead off official functions—effectively creating no bar on Tamil Thaai Vaazhthu being rendered before Vande Mataram or Jana Gana Mana.
Grievances Laid to Rest
The court concluded that the petitioner's concerns had been fully addressed by these administrative updates. Chief Justice Dharmadhikari, delivering the order, stated:
"As the grievances aired through this petition have been fully addressed by these administrative updates, no further issue remains for
."
The bench dismissed the as having become , with , and closed all connected miscellaneous petitions.
Key Observations
"Whenever a 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."— Extracted from the revised circular, as recorded in the judgment.
"The Government of Tamil Nadu has formally reaffirmed that Tamil Thaai Vaazhthu will be sung at the commencement of official functions."— The court, noting the state's G.O.
What This Means
The ruling affirms that while the Centre mandates the order of national symbols when performed together—Vande Mataram before Jana Gana Mana—the timing and placement of state songs remains a matter of state prerogative. For Tamil Nadu, this means that the State Song, written by Manonmaniam Sundaram Pillai in and officially adopted in , retains its traditional position at the opening of official ceremonies.
