In a setback to the Congress government, amendments to Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, that were cleared in the recently-concluded budget session amidst opposition from BJP, has been returned by Governor Thaawar Chand Gehlot.
Seeking clarifications on the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Bill, 2024, the Governor wants to know if the State Government has conceptualised any legislation to encompass other religious bodies in similar fashion. The Governor’s move of returning a bill for clarification is the first such since the Congress government came to power in May 2023, and comes close to the Lok Sabha elections.
“The Governor has asked whether the amendment can be made during the pendency of the case which is at the stage of final hearing at the Supreme Court; also it is asked whether the government has conceptualised any legislation to encompass other religious bodies like — Bababudangiri Datta Peetha and one more such religious place, where two communities worship — in a similar fashion. It will be clarified,” Muzrai Minister Ramalinga Reddy told presspersons.
Earlier, he had refused to promulgate an ordinance to amend the Kannada Language Comprehensive Development Act, 2022, telling the government to place the bill in the legislature since the session had already been convened. The bill, which was passed in legislature later, mandates that 60% text on signboards must be in Kannada language.
The amendments to the Endowment Act, to expand social security measures to over 40,000 archakas (temple caretakers) in Muzrai temples and also develop C category temples using funds from the income of richer temples, had been defeated in the Legislative Council by the combined opposition of BJP and Janata Dal (Secular) before it was passed again by the Legislative Assembly and cleared by the Council during the recently-concluded budget session.
Legal issue too
The Governor has pointed out that amendments brought to the bill earlier in 2011 and 2012 had been struck down by the Dharwad bench of the Karnataka High Court. The high court’s decision has been challenged in the Supreme Court, which has stayed the high court order. The case is in the stage of final hearing, he said.
Since the case is still pending in the Supreme Court, it is necessary to get more clarification whether the amendments can be made while the case is pending, specially when the entire Act has already been stuck down by the high court and the appeal is in the stage of final hearing, his office informed the State Government while returning the bill for clarifications.
Law and Parliamentary Affairs Ministry has sent the bill to the Muzrai Department seeking clarifications.
What do the amendments provide for?
The State Government proposed to seek 10% of the gross income of 87 temples with annual income of over ₹1 crore and 5% of gross income from 311 temples with an annual income of over ₹10 lakh to be transferred to a Common Pool Fund, administered by Rajya Dharmika Parishath. It proposed to utilise the money for the welfare of archakas and development of over 34,000 ‘C’ category temples whose annual income is less than ₹5 lakh.
The proposal was to bring an amendment to an earlier amendment in 2011 where 5% of the net income of temples with annual income between ₹5 lakh and ₹10 lakh, and 10% of the net income of temples with annual income of over ₹10 lakh, would come to the fund.
The government is hoping to collect approximately ₹60 crore from the move of which ₹25 crore would be spent on developing C category temples. Among others, insurance facility and scholarships for children have been proposed to bring social security to about 40,000 archakas. Currently, government is collecting ₹10 crore for the fund.
Through the amendments, the government also sought to provide representation to many communities in temple management. While the BJP opposed nomination of a president for temple management by the government, Muzrai Minister Ramalinga Reddy agreed to opposition suggestion to allow election of a president from among the members.
What is BJP’s argument?
Since the government already provides approximately ₹170 crore, the BJP asked what is the problem in allocating money to temple development and archakas’ welfare from the budgetary allocation.
It also said that instead of seeking money from the gross collection of temples, the government should take money from the net income.
