Karnataka High Court Puts Congress Circular on Hold Amid RSS Shakha Controversy

A politically sensitive legal battle unfolded in Karnataka after the state government issued directions restricting private activities on government school premises—moves widely interpreted by the opposition as targeting RSS shakhas. The Karnataka High Court’s intervention has, for now, paused the government’s effort and pushed the matter into deeper constitutional scrutiny.

Background: Administrative Order Sparks Political Fire

The controversy traces back to a government circular that tightened rules on the use of public properties such as government schools, buildings, and playgrounds. The circular emphasised that these premises should not be used for private programmes and advised government employees to refrain from participating in private or political events on such properties.

The Congress government maintained that it was merely enforcing an existing 2013 framework that prohibited private use of government school grounds. Officials repeatedly stated that the order did not explicitly ban any particular organisation.

However, the political context quickly changed the narrative. Karnataka IT Minister Priyank Kharge had publicly urged the chief minister to curb activities of organisations—including the Rashtriya Swayamsevak Sangh—in government institutions. This led the BJP and affiliated groups to allege that the circular was an indirect attempt to stop RSS shakhas traditionally conducted on school grounds.

Notably, the government’s circular itself did not name RSS shakhas specifically. The reference to the RSS emerged largely through political statements and the surrounding administrative push, which critics argued revealed the intent behind the move.

Legal Challenge Reaches High Court

Petitions were soon filed before the Dharwad bench of the Karnataka High Court. Petitioners contended that the circular effectively imposed a blanket restriction on lawful activities and infringed the freedoms guaranteed under Article 19 of the Constitution, including the rights to assemble peacefully and to associate.

They also argued that such sweeping curbs could not be imposed through an executive circular without proper statutory backing.

Interim Relief from the Court

The matter came before a single-judge bench led by Justice M. Nagaprasanna. After preliminary hearings, the court granted an interim stay on the operation of the government circular.

The stay meant that, pending further examination, the state could not enforce the restrictions on the use of government premises in the manner proposed. The court scheduled November 17 for the next round of hearing.

November Hearing: Stay Continues

At the November hearing, the state government sought to limit the scope of the interim order. The High Court, however, declined to dilute the stay. The bench signalled concern that fundamental rights could not be curtailed merely through a government order and kept the interim protection in place.

The court posted the matter for further detailed hearing and asked the government to place its full justification on record.

Government’s Appeal Fails

In a parallel move, the Karnataka government approached a division bench challenging the interim stay. The High Court refused to interfere at that stage and advised the state to pursue its remedies before the single judge hearing the main matter.

This effectively meant that the stay remained firmly in force.

Arise Bharat