A five judge bench of the Supreme Court will hear two petitions against the singing of “Asto Ma Sadgamaya” in Kendriya Vidyalayas across the country.

On Monday, the Supreme Court referred to a Constitution Bench the hearing on the petitions challenging the singing of the Sanskrit prayer in the 1125 Kendriya Vidyalaya schools on the ground that it goes against Article 28(1) and Article 25 of the Constitution.

While Article 28(1) forbids religious instruction at government-funded institutions, Article 25 guarantees freedom of religious to all.

A bench of Justices RF Nariman and Vineet Saran said that a Constitution Bench of five judges will hear the matter.

One of the petitioners, Veenayak Shah, an advocate from Madhya Pradesh, requested the apex court to “discontinue any form of prayer from the Morning Assembly or otherwise”. In his petition, Shah argued that recitation of prayers impedes scientific temperament among the students.

Shah’s petition states that people from the minority communities, atheists, agnostics, sceptics, rationalists and others “would find the imposition of this prayer constitutionally impermissible”.

The second petition, filed by Jamiat Ulama-i-Hind, raises objection to the prayer’s “Hindu” origin and challenges Article 92 of the Kendriya Vidyalayas’ “revised education code”, which makes prayers compulsory and prescribes punishment for non-compliance.

In Monday’s hearing, Solicitor General Tushar Mehta, appearing for the Kendriya Vidyalaya Sangathan, opposed the petitions saying that ‘Asato Ma Sadgamaya’ cannot be called religious just because it is in Sanskrit.

“It (the prayer’s message) is a universal truth, recognised by all texts, all paths of religion. It cannot become religious only because it is in Sanskrit. You have Christian schools saying ‘Honesty is the best policy’. Will that make the statement religious? I don’t think so,” Mehta reportedly said, adding, “The prayer simply means lead me from darkness to light.”

The Solicitor General also said that the government should be heard before the petition is referred to a larger bench.

Responding to Mehta’s argument, Justice Nariman reportedly said that the hymn, ‘Asto Ma Sadgamaya’, is from the Upanishads – which are Hindu religious texts.

According to Hindustan Times, Mehta responded by saying that the seal of the Supreme Court itself has the Sanskrit verse from Mahabharata – Yato Dharma Tato Jaya (Where there is justice, there is victory), which is secular in nature.

Justice Nariman said that Mehta can argue before the Constitution Bench.

Chief Justice of India Ranjan Gogoi will set up an appropriate Bench for the purpose.