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GOVERNMENT RULES
HINDU TEMPLES
STATE CONTROL OF RELIGIOUS
DENOMINATIONSPROBLEMS
AND PERSPECTIVES
C.S. RANGARAJAN
Government Rules
Hindu Temples
Copyright 2015, Author C.S. Rangarajan
Copies : 1000
Price : Rs.100/-
Copies Available :
Dr. M.V. Soundararajan,
2-2-647/77/D, Srinivasanagar Colony,
Bagh Amberpet,
Hyderabad-500 013
Ph : 27425640
Printed at :
VAKDEVI PRINTERS
Nallakunta,
Hyderabad-44.
Ph : 27673772
CONTENTS
Sl.No.
Chapter
Page No.
1.
FOREWORD
2.
PREFACE
12
3.
INTRODUCTION
25
4.
35
5.
46
6.
56
7.
76
8.
90
9.
APPENDIX-I
100
10.
APPENDIX-II
128
11.
APPENDIX-III
148
12.
APPENDIX-IV
162
13.
BIBLIOGRAPHY
181
Blank
FOREWORD
This book titled GOVERNMENT RULES HINDU
TEMPLES which as stated by the author is based on the dissertation
submitted by him in partial fulfillment of the requirement for the award
of research degree of Master of Law [Constitution Law] of Osmania
University. At the out-set, I should place on record that this book has
been brought out on an in-depth study and research of objects and
purpose of Hindu Temples. There is an elaborate discussion about the
spiritual purpose of temples. The main object of the book is to increase
devotion in devotees which alone can bring in peace, harmony and
happiness among the people which is now being sacrificed at the altar
of commercialization and Government interference in the management
of Temples. It is well known that the whole object of temple worship
has been evolved in Bharat from times immemorial with the object of
inspiring and guiding every individual person to follow the rules of Dharma
by which alone the people can live in peace and happiness even in the
absence of State as explained in his inimitable language by Bhismacharya
in Mahabharata Shanti Parva (Ch-59-14) thus:
Sri Shaila
No.870-C, 5th Block, Rajajinagar, Bangalore-560 010
Ph : 080 - 23151770 E-mail:ramajois31@gmail.com
Government Rules Hindu Temples
mt |Fn|z| oz \: @
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Dharma sustains the society
Dharma maintains the social order
Dharma ensures well being and
progress of Humanity
Dharma is surely that which fulfills these objectives
[Karna Parva Ch. 69, Verse-58]
z|z {Y Es|{Y wo @
zDsz| uYu| uY|wu uY: uY: @@
Of all cleanliness, cleanliness in financial
matters is of utmost importance. If a person
who does not practice purity in financial
dealings or matters cannot become clean by
taking bath any number of times a day.
[Manu Smriti Ch. 5-506]
Government Rules Hindu Temples
10
ENnuoo oz s TXZuo T @
|tzN: Nz uo TXZuo @@
Just as the rain water coming down to the
earth from the sky reaches the same ocean,
obeisance to God by any name, destination
is the same - the one God by whatever name
He/She is called.
The above verse was quoted by Swami Vivekananda at his
historic speech at Parliament of Religions at Chicago in 1893.
Therefore, if the people have to live with peace and harmony,
temple worship should be strengthened. The temples are also centers
for providing Dharmic and cultural education by means of bhajans and
music devoted to God, Harikhatas, Upanyasas, Purana Shravana, dance
and drama etc., to propagate our cultural and spiritual values.
It is the archaks who conduct many of these activities. It is the
manner in which they conduct various programmes and who personally
maintain very good character and conduct, that attracts disciples in
thousands and millions and develop and strengthen the faith in God.
11
EY|N z u uo N:
By the merit of Archak, stone idol becomes Shiva
In this book, every effort has been made to ensure the
improvement of temples to the satisfaction of people in general and
devotees in particular. The author who hails from the family of devoted
and reputed archaks has made every effort to highlight the essential
needs of the temples. One thing which must be done is temple should be
wholly freed from political interference and must follow the universal
ideal of <<z| o uQ:>> Sarve Bhavantu Sukhinaha. Required
atmosphere should be created and maintained in every temple. Everyone
who serves in a temple in any capacity whether as a Trustee or Manager
or Executive Officer or archak or in any other capacity should totally
eschew greed and selfishness. This will go a long way in eradicating
many social and economic evils with which the Nation is afflicted with.
Now a days, it is a matter of common knowledge that while
temple visiting and worshipping is increasing, there is moral degradation.
Therefore, not only the method of worship and faith of the people in
God should be strengthened through various other activities through which
real character building education is imparted to more and more people
so that they develop dharma abiding nature in all their day to day
activities. Then only we feel satisfied that we have achieved the last
prayer made in every temple every day <<zNouQz o>>
Lokah Samastah Sukhino Bhavantu. In sum, I say that this book
is a valuable and everlasting contribution for preserving and protecting
Dharma through strengthening Temple worship.
12
PREFACE
This publication is an analysis of the strange relationship between
the Hindu Temples and the Secular State. This publication is based on
my Dessertation submitted in Partial fulfillment of the Requirement for
the award of research Degree of MASTER OF LAW (Constitutional
Law) of Osmania University.
The Spiritual purpose of a temple (Refer Appendix-II) is to
increase devotion in devotees leading to their salvation which is the very
purpose of life. The Spiritual purpose of the temples today has been
sacrificed at the altar of commercialization more so in the Government
controlled temples as they are now run with a materialistic purpose of
increasing income from devotees. The Spiritual purpose of a temple can
only be preserved by following the traditions, customs and usage through
a spirit of devotion to the Almighty. The post-independence data shows
that the Government, which has not been able to fight politicisation and
corruption inherent in itself cannot be trusted to administer affairs of
Hindu temples cleanly. The Courts in adjudication on the legislations
allowing Governmental control have allowed this to happen by not
recognizing the fundamental fact that whether it is a so called secular or
a religious activity it needs to be done with devotion an essential and
integral part of religion without which the spiritual purpose is lost. The
Government being a secular entity cannot exhibit devotion, so the very
concept of Government controlled temples means destruction of the
spiritual purpose impacting purpose of life of millions of devotees protected
under Art 21 read with Art 29(1), Art 25 and Art 26 of the Constitution.
The destruction of the Spiritual purpose of a temple amounts to a
conversion of the place of worship and would also be in violation of the
provisions of the Places of Worship (Special Provisions Act, 1991) which
mandates the preservation of the same as it existed prior to 1947. This
book is an attempt for triggering introspection in all stake holders so that
the Spiritual purpose of the temples continues to be protected for
generations to come through suitable corrective steps at this crucial
Government Rules Hindu Temples
13
14
book ends with the following thought provoking quotation Certain ideals
and values which open up a larger meaning to human existence
will always be beyond the pale of law; and that is why a lawyer has
to be well versed in other subjects if he desires to aim at excellence.
The law the lawyers know about
Is property and land;
But why leaves are on the trees,
And why the waves disturb the seas,
Why honey is the food of bees,
Why horses have such tender knees,
Why winters come when rivers freeze,
Why Faith is more than what one sees,
And Hope survives the worst disease
And Charity is more than these,
They do not understand.
The Supreme Court of India is guided by the principle <<oz |ooz
\:>> Yatho Dharmastatho Jayaha. It is a matter of deep regret that
the Honble Supreme Court has not adhered strictly to this principle
while deciding most of the cases relating to the interpretation of Art 25
and Art 26 and in upholding the fundamental rights enshrined therein.
Legislative excesses aimed at a particular religion brought out frequently
and deliberately were allowed, with the result the Hindu Religion whose
very foundation is the temple system is facing an existential crisis. There
is an urgent need to relook at the Essential Practices Doctrine followed
by the Honble Supreme Court and suggestions relating to the same are
given as an outcome of this study. It is important that the warning given
by Shri Nani Palkhivala to the Supreme Court continues to ring in our
ears Under the pretext of social reform the State cannot reform a religion
out of existence. The sound of the bell of the Alampur temple (Yoga
Narasimha Swamy Temple Alampur Mahabubnagar District now in
Telangana State) on which Shri Bheemasena Chary, the Archaka of
Alampur temple sacrificed his life should also continue to ring in our
ears for ages to come.
It is important when Legislations are challenged under Art 32
that the Supreme Court should confine itself to the Constitutionality of
the provisions. If the Legislation is Unconstitutional it should be struck
Government Rules Hindu Temples
15
down. It is for the Legislature to cure the defects in its Law it is not the
business of the Court under Art 32 to suggest remedies. While the entire
case file of the A.S Narayana Deekshitulu v State of Andhra Pradesh
(AIR 1996 SC 1765) * (referred as Narayana case) Judgement is
analyzed in the Appendix-I of the thesis this point was not stressed in the
thesis as the Writ Petition 290 of 1998 of Telanagana Archaka Samakhya
and connected Petitions were pending in the Supreme Court. An analysis
of the case file of Writ Petition 290 of 1998 makes it clear that the
Supreme Court in the Narayana Case put the cart before the horse by
not ascertaining the veracity of the claim of the Petitioner Organization
that the impugned 30/87 Andhra Pradesh Endowments Act would cause
violation of the Fundamental Rights of Archaka community, serious
damage to the Religion and cause large scale closure of low income
temples before delivering the judgement. Instead, the Supreme Court
delivered its Judgement upholding the Constitutionality of the 30/87 AP
Endowments Act and constituting a Committee to verify the statement
of the Petitioner Organization. What should have been done is for the
Court to first verify the claim and then only deliver its Judgement on the
Constitutionality of the Act. Subsequently, the Supreme Court appointed
Committee upheld the contention of the Petitioner Organization that the
Act would cause severe damage to low income temples and made certain
recommendations which the Court recorded in its order in {(1997) 5
SCC 376} = AIR 1997 SC 3702 asking the Government to amend the
Legislation since the Constitutionality was already upheld in Narayana
judgement. Unfortunately the Government did not act on this for several
years causing closure of several temples, great hardship to the Archaka
Community leading to impoverishment of the families and driving several
of them to penury and some to even commit the act of suicide as predicted
by the Petitioner Organization to the Supreme Court in 1995 itself (Refer
Appendix IV). The learned judges quoted many philosophers even
people belonging to other religions but unfortunately there was
not a single quotation in the Judgement of Sri Ramanuja who
travelled length and breadth of this country and sacrificed his life
to bring about reforms in the temple system. It is noteworthy that
the case was pertaining to thousands of temples belonging to Sri
Government Rules Hindu Temples
16
17
18
19
20
this sort is existing in the Hindu religious endowments Act 30/87 of A.P
or Telangana. Lakhs of acres of prime temple lands are under
encroachment due to this laxity.
As one of the suggestions of the Study it is proposed that similar
to the Wakf Board the Central Government should ensure through the
Central Endowments Act that a Dharmika Parishad is constituted in
each State, which includes Religious Heads, Retired Judges of merit,
Devotees of Repute, archakas and other stake holders to regulate the
general Temple Administration in each State. This is also a demand
articulated by over 40 Peetadhipathis in the TTD Dharma Prachara
Sadas in 2008 as recommended by Justice Jois Committee and already
part of the Endowments Act of Andhra Pradesh, Karnataka and
Telangana unfortunately not yet implemented due to strong opposition of
the bureaucracy. As the Secular Government has miserably failed to
protect and preserve the properties of the Religious Institutions it is an
urgent need of the hour for having an autonomous body such as the
Dharmika Parishad with all the powers of the Government under the
Act to not only protect and preserve the properties of the Religious
Institutions but also to augment the same.
In the light of the Supreme Court judgement in the Chidambaram
Temple Case all the appointments of Executive Officers/Managers in
temples should be relooked at and the Officers should be recalled. This
will not only improve the devotional atmosphere in temples bringing back
peace and prosperity to the state, it will also improve the financial position
of temples as the contribution towards Endowments Administration Fund
from which the salaries of the Executive Officers is paid can be
substantially reduced from its current 12% levels allowing more funds
with temples so that the devotee community can use the same for
promoting devotional activities in the temple. It is apt to note here that in
general the Orders and Observations of the Supreme Court are
implemented overnight by the Endowments Departments if they are in
favour of the State Control of Religious Denominations but the Orders
and Observations which are in favour of more autonomy or for archaka
21
welfare etc. are not implemented in the same spirit. There is always an
undue delay like in the Andhra Pradesh scenario or non-implimentation
at all or circumvention by amendments as was done in Tamil Nadu.
There is an urgent need for the Supreme Court to monitor the
implementation of its judgements and a beginning should be made with
the Chidambaram Temple Judgement.
Once the direction of the Honble Supreme Court elucidated in
the Chidambaram temple case [2014 (5) SCC 75] is adhered to strictly
and the Department works in a regulatory mode the staffing needs will
come down considerably; The salaries of the Departmental staff can
then be met by the Government from the consolidated fund itself. The
Endowments Administration Fund, which has accumulated huge surplus
over years can then be used to provide better emoluments to the Archakas
and those office-holders in temples who are connected with the worship
and internal religious affairs of the low income temples who are in an
impoverished and pitiable state.
The property rights of Hindu Religious Institutions under Article
26 are fundamental rights just as the property rights of religious institutions
belonging to other religious denominations or sections thereof. While the
fundamental property rights given to individual citizens under Article 19
(1) (f) is no longer there, the rights under Article 26 continues to guarantee
property rights to religious denominations. Based on Honble Supreme
Court of Indias ruling that Wakf properties are entitled to rents at
prevailing Market rates, properties of Hindu Temples and Mutts and
endowments should also get such prevailing rates. The Government,
which has been responsible for the administration of temple and
endowment properties, should compensate the institutions for poor
collection of rents and for unsustainable alienation of those properties.
Lack of uniform organisational framework for temples and religious
institutions is the matter of concern today and it is a countrywide
phenomenon. The urgent need of the hour is convening an assembly of
representatives of shrines, temples, Hindu community and religious leaders
etc. for clearly defining the new legal and organizational framework ensuring
Government Rules Hindu Temples
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23
24
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25
CHAPTER-1
INTRODUCTION
1.1
BACKGROUND
Religion is deeply rooted in man and his blood since many centuries ago.
Still Religion has been dominating man and his way of thinking and
behaviour. Within the framework of human rights, religion is considered
as an inherent and individual right of the man.
Therefore religion is a very personal matter in man and his life. Within
the Eastern Philosophical traditions we can find a great thinker and the
religious man who was not limited to the East and the one who spread
that new ideal of the religion to the Western world. He is Swami
Vivekananda. He was born in 1863 and expired in 1902. Within that
short period he did excellent contribution to the tradition of the Vedntic
1
religion.
To Swami Vivekananda, Religion is not just a talk and doctrines or theories,
nor is it sectarianism. Religion cannot live in sects and societies. It is a
relationship between soul and God. He explains that religion does not
consist in erecting temples or building churches or attending public
worship. As well as it cannot be found in the books or in words or in
lectures or in organizations. Religion consists on realization. Religion
does not consist in subscribing to a particular creed or faith but in spiritual
realization. Therefore, spiritual realization is religion. He said that I shall
try to bring before you the Hindu theory that religions do not come from
without, but from within. It is my belief that religious thought is in mans
very constitution, so much so that it is impossible for him to give up
religion until he can give up his mind and body, until he can give up his
thought and life.
26
Religion is inseparable with man and his life. Another thing is that, it is
within man. Each and every one should understand God within their soul
through self-realization. Religion is the manifestation of the divinity already
within man. Therefore, it is not necessary to have doctrines or dogmas
and intellectual argumentation. It is realization in the heart of our hearts. It
is touching God; it is feeling God and realizing that I am a spirit in relation
2
with the universal spirit and all its great manifestations.
India is a country of religions. There exist multifarious religious groups in the
country and the constitution stands for secular state of India and declares India
3
as a Sovereign, Socialist, Secular, Democratic, Republic. There is no staterecognized church or religion. Several fundamental rights guarantee a freedom
of worship and religion as well as prohibit discrimination on the ground of
religion. No one is disabled to hold any office on the ground of religion. There
is only one electoral roll on which are borne the names of all those who are
qualified to vote under the law. In the words of Chief Justice Gajendragadkar.
The essential basis of the Indian constitution is that all citizens are equal and
4
this basic equality guaranteed by Art. 14 obviously proclaims that the religion
of a citizen is entirely irrelevant in the matter of his fundamental rights.
The state does not owe loyalty to any particular religion as such; it gives equal
freedom for all religions and holds that the religion of the citizen has nothing to
do in the matter of dispensation of Justice. That is the essential characteristic
of secularism which is writ large in all the provisions of the Indian Constitution,
and further though the Indian Constitution is secular and does not interfere
with religious freedom, it does not allow religion to impinge, adversely on the
secular rights of citizens or the power of the state to regulate socioeconomic
relations.
2 The Complete Works of Swami Vivekananda , Advaita Asrahma,
Kollkata,1994, Vol 3,p. 01Jyotirmayananda,
3 PREAMBLE OF INDIAN CONSTITUTION;-WE, THE PEOPLE OF INDIA,
having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC.......
4. Equality before law : The State shall not deny to any person equality
before the law or the equal protection of the laws within the territory of
India Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth
27
Pakistan is a theocratic state. It calls itself an Islamic state. Islam is the official
religion. Muslims are the favored community. They alone can hold high or
even low offices. Though there were about a crore of Hindus in what was
then East Pakistan, yet they were regarded as second-class citizens and a
permanent tirade was kept up against them. In Pakistan, Hindus in such high
places cannot even be imagined. Pakistans constitution provides that the head
of the state must be a Muslim. This is communalism, pure and simple.
Article 14 prohibits discrimination on grounds of religion, race, caste etc. Articles
5
25 to 27 confer certain rights relating to freedom of religion on all persons in
India. These rights are not confined merely to citizens. The religious freedom
guaranteed by these constitutional provisions extends not only to individuals
but even to religious groups. India being a secular state, there is no state or
preferred religion as such and all religions enjoy the same constitutional protection
without any favor or discrimination. Article 25(1) guarantees to every person,
subject to public order, health, morality and other provisions relating to the
5. 25. Freedom of conscience and free profession, practice and
propagation of religion.(1) Subject to public order, morality and health and to the other provisions of
this Part, all persons are equally entitled to freedom of conscience and the
right freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the
State from making any law(a) regulating or restricting any economic, financial, political or other secular
activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus.
Explanation I.- The wearing and carrying of kirpans shall be deemed to be
included in the profession of the Sikh religion.
Explanation II.- In sub-clause (b) of clause (2), the reference to Hindus shall be
construed as including a reference to persons professing the Sikh, Jaina or
Buddhist religion, and the reference to Hindu religious institutions shall be
construed accordingly.
26. Freedom to manage religious affairs.Subject to public order, morality and health, every religious denomination or
any section thereof shall have the right(a) to establish and maintain institutions for religious and charitable
purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
27. Freedom as to payment of taxes for promotion of any particular religion.No person shall be compelled to pay any taxes, the proceeds of which are
specifically appropriated in payment of expenses for the promotion or
maintenance of any particular religion or religious denomination.
28
29
its grubby fingers in? Believers should thank their gods that India does not
have a state religion. But finally, its up to them to keep their religious leaders
away from their beliefs.
1.2 REASON FOR THE STUDY
The reason for the selection of this topic of study can be identified as follows.
Though Religion is an essential part of life for 99.9% of our population, its
penetration in human life being unquestionable, the control of the same by an
external body also remains unfathomed.
What should be the level of control? Should there be any control or not? These
are the questions we would try to answer in this study. The Historical Literature
analysis through Doctrinal Research method is the only way we can go about
doing the study. Other methods of sampling or pilot study will not work in this
set up as Religious beliefs are demographically varied and distinct with each
other individual and that is why we rely mostly on the available material in the
form of Published books, Delivered Judgments of the Supreme Court and
High Courts, ancient scriptures and above all news paper and internet resources.
The state is not, however, prevented from making any law regulating or
restricting any economic, financial, political or other secular activity which
may be associated, with religious practices. The state is empowered to regulate
secular activities associated with religious practices. Art, 26 lays down that
subject to public order, morality and health, every religious denomination or a
section of it has the right (a) to establish and maintain institutions for religious
and charitable purposes; (b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property, and (d) to administer
such property in accordance with law.
As a person belonging to the Service of Deity as an Archaka and with an
inside view of how devastating the decisions of the State and the Supreme
Court would be on the future of the Temple system, It was felt that this
topic was the best to do justice to the LLM Thesis.
1.3 REVIEW OF EXISTING LITERATURE :
A few books by historians and ethnographers helped in identifying the sources
of data for the study. Of the material available a few scholarly works examine
Government Rules Hindu Temples
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31
32
The views expressed above are based on readily accessible material, mainly
in English and Sanskrit and largely derived from the internet. No visits were
undertaken for the purpose of the studies. Direct statistical comparisons between
each State are difficult because the statistics are compiled by various bodies in
different ways and at different times. Any figures quoted are for indicative
purposes to provide an approximation of scale, or to illustrate a general trend.
Figures should not be regarded as definitive. Whilst the selected States for
Comparison have distinctive Religion-state relationships and it appears that all
are facing significant challenges to their ecclesiastical heritage through
demographic change.
1.4 NEED FOR THE STUDY
In these present circumstances, there has been a need to undertake this Study
which has not been done before and is the need of the hour to academically
analyze and lay out how the policies by the subsequent Governments entered
the fabric of Religion and its Institutions and thereby changed the same.
This study focuses on a central institution of south Indian religion, the Hindu
temple, and explores its relation to the state. This institutional approach permits
concentration on relatively stable features of the religion-politics relation, as
distinguished from the more fleeting movements of political parties and public
opinion, and identification of underlying, structural dimensions. It also provides
an unusual position from which to view the activities of political parties,
bureaucracy and interest groups, and to examine the effects on the political
system of ideologies, patronage systems and legal structures related to religion.
There is almost no scholarly research pertaining to the relationship between
the state government and the management of Hindu temples per se. The rules
governing accountability and transparency in the Hindu temples have not been
researched at all although temples work in the public domain and are governed
by public laws under the constitution.
1.5 HYPOTHESES
The following hypotheses are proposed for verification :
1.
The State Control of Religious Institutions is violative of the freedoms
provided in Articles 25, 26 and 27. to the religious denominations.
Government Rules Hindu Temples
33
2.
The extensive Legislative control has reduced the economic and
physical personality of the Hindu Religious Institutions.
3.
The role of Judiciary in protecting the Identity of religious institution
has not been satisfactory.
1.6 METHODOLOGY OF THE STUDY
To understand the concept and issues involved in the relationship between the
state and the management of temples, Doctrinal Research Methodology has
been adopted.
A survey of relevant literature was conducted. Books written by scholars
(Bibliography mentioned at the end of which a few books have been elaborated
here) were helpful in identifying the evolution of Hindu temple worship and its
administration.
1.7 SCHEME OF THE STUDY
The Present Study is divided into six chapters.
The First Chapter deals with Introduction apart from elucidating the need
for the present study and the Hypotheses, the chapter concludes with the
methodology employed for the study and schematic divisions of the study.
The Second Chapter brings to light the growth of Religious Denominations
before and after 19th Century and how the State and the Judiciary adjudicated
in those days when there existed no law for Religious Denominations.
The Third Chapter deals with evolutionary development of State Control
with Historical overviews.
The Fourth Chapter deals with role of Legislature in enactment of different
laws for the control of religious denominations and highlights the experience of
Tamil Nadu and Andhra Pradesh.
The Fifth Chapter deals with the Judiciary and the role played in protecting
the interest of public as well as religious institutions in this crucial juncture.
The Sixth Chapter narrates the development of state and its control on religious
denominations with emphasis on problems and issues involved. Further
comprehensive conclusions drawn on basis of the study has been enunciated.
Government Rules Hindu Temples
34
Hypotheses proposed are verified and this chapter sums up with suggestions
for the improvement of the existing system.
Within the time limitations of the project it is only possible to provide a brief and
partial overview of Religion-state relationships and related heritage issues in
each of the selected States for comparison and we concentrated on Tamil
Nadu and Andhra Pradesh.
Further, It is the objective of this study to analyze critically the
case file of the failed Andhra Pradesh experiment on temple reforms
initiated through Act 30 of 1987 Legislation which was upheld by
the Supreme Court using the essential practices doctrine in A.S
Narayana Deekshitulu v State of Andhra Pradesh (AIR 1996 SC
1765) * (referred as Narayana case) going against the core principles
enunciated in the Agamas which govern all aspects with regards to temples.
This analysis has been provided as an Appendix-I.
It is further the objective of this research to demonstrate practically based
on the failed Andhra Pradesh experiment on temple reform on how fallible
the essential practices doctrine could be and how devastating its effect on
the rights of the religious denomination and a need for complete rethink of
this doctrine; so that certain safeguards are put in place to ensure that the
Judiciary which is the gate keeper of the rights of the religious denominations
will in future more carefully interpret the protection provided under Art
29(1), Art 21, Art 25 and Art 26 and protect the religion, culture, tradition
and heritage of the Religious denominations from excesses of the
Legislatures.
35
CHAPTER - 2
RELIGIOUS INSTITUTIONS
EVOLUTION
RELIGIOUS AND charitable trusts are found to exist, in some shape
or other, in almost all the civilized countries and their origin can be
traced primarily to the instincts of piety and benevolence which are
implanted in human nature. The form and nature of these trusts
undoubtedly differ according to the spiritual and moral ideas of
different nations, and even among the same people, the ideas are
seen to vary often to a considerable extent at different stages of
their religious and political history. Thus Imperial Rome under the
Christian Emperors was dissimilar in many respects to Pagan Rome,
and the religious and charitable institutions in England undoubtedly
took a different shape when she abjured Catholicism and became
Protestant. The popular Hindu religion of modern times is not the
same as the religion of the Vedas though the latter are still held to be
the ultimate source and authority of all that is held sacred by the
Hindus. In course of its development the Hindu religion did undergo
several changes, which reacted on the social system and introduced
corresponding changes in the social and religious institutions. But
whatever changes were brought about by time cannot be disputed
that they were sometimes of a revolutionary character the
fundamental moral and religious ideas of the Hindus which lie at the
root of their religious and charitable institutions, remained substantially
the same; and the system that we see around us can be said to be an
evolutionary product of the spirit and genius of the people passing through
different phases of their cultural development.
2.1.1 LACK OF LAW FOR REGULATION
It strikes one as somewhat anomalous that notwithstanding the
existence of richly endowed Hindu temples and religious institutions
all over India, the subject of endowment should receive a most
Government Rules Hindu Temples
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37
38
the earliest times downwards and to examine, at the same time, the
scattered sayings of Hindu sages and commentators, with a view to
discover, if possible, from what appears to be merely moral precepts
or discussions of ritualistic observances, germs of true legal ideas.
2.2 THE MEANING OF RELIGIOUS AND CHARITABLE
TRUSTS;
But before we proceed with this investigation we should try to have
a clear idea as to what is meant by the expression Religious and
charitable trusts in its proper juristic sense. For this purpose a little
excursion into the fields of English and Roman law might be
necessary. A trust would be denominated a religious or charitable
trust, if it is created for purposes of religion or charity. Two things
therefore require to be considered in this connection viz. (1) what
are religious and charitable purposes? And (2) what is a trust?
Now religion is absolutely a matter of faith with individuals or
3
communities, and it is not necessarily theistic (e.g. Buddhism) . All
that we understand by religious purpose is that the purpose or object
is to secure the spiritual well-being of a person or persons according
to the tenets of the particular religion which he or they believe in.
This may imply belief in a future state of existence where a man
reaps the fruits of his, pious acts done in this world, and it may be
connected with the idea of atonement for past errors of a man and
that of making peace with his Maker.
By charity on the other hand is meant benevolence, and in its wide
and popular sense it comprehends all forms of benefit, physical,
intellectual, moral or religious bestowed upon persons who are in
need of them. You will see later on that in English law the word
Charity has a technical meaning, and whether a purpose is charitable
or not has got to be ascertained with reference to the preamble to
the well-known statute of Elizabeth (St. 43 Eliza. Ch. IV). The statute
3. Vide Kerns Manual of Buddhism p.74
Government Rules Hindu Temples
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itself has been repealed with the exception of the preamble which
still remains. In England religious trust forms part of and is included
in charitable trust, which is synonymous with public trust. You will
also find that there are statutes in England like the Mortmain and
Charitable Uses Acts of 1888 and 1891, which impose restrictions of
various sorts upon dedication of property to charitable uses. These
things however are purely local and accidental and cannot be regarded
as an essential part of the juristic conception of religion or charity.
Each system of law has its peculiarities depending upon its particular
social conventions, its political necessities and religious usages, and
Hindu law also has its own characteristics as we shall see presently.
Let us now come to the other point and see what is meant by a
trust. The conception of trust in its technical sense was devised
by the Chancery Courts in England, which as Courts of Conscience
attempted to supply the deficiencies of the English Common Law, by
administering what were known as principles of equity and natural
justice. These principles were imported to a large extent from the
Roman Civil law, and the procedure adopted by the Equity Courts
4
was modelled on that of the Ecclesiastical tribunals, the principal
feature being the writ of Subpoena by which an unscrupulous
defendant who could not be touched in the common law courts was
compelled to appear before an Equity Judge and made to carry out
his orders, the proceeding being entirely one in personam. Lewin in
his well-known treatise on the Law of Trusts defines Trust to be a
confidence reposed in some other, not issuing out of the land, but as
a thing collateral, annexed in privity to the estate of the land, for
which cestui que trust has no remedy but by Subpoena in the
5
Chancery . This definition is not a happy one, and it has been
criticised by many later writers on the subject including Underbill
and Maitland. On the face of it, the definition is inadequate for it is
applicable to real estates only, whereas there can be trust of personal
4. Lewins Law of Trust p.11
5. Vide maitland Lectures on Equity, Lecture IV, p.44
40
41
42
43
44
During the later Empire says Sohm from the fifth century
onwards foundations created by private individuals came to be
recognised as foundations in the true legal sense, but only if they
took the form of Pia Causa i.e., were devoted to pious uses only,
in short if they were charitable institutions. Whenever a person
dedicated property whether by gift interviewers or by will in favour
of the poor or the sick, or prisoners or orphans, or aged people he
thereby created ipso facto a new subject of legal rights the poor
house, the hospital and so forth and the dedicated property became
the sole property of the new subject it became the property of the
new Juristic person whom the founder had called into being.
10. Vide Sohms Institute of Roman Law, 2nd Edn. pp.195-199.
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2.5
11,12
46
CHAPTER - 3
3.1 THE NEED OF STATE REGULATION
The Courts of India as well as of the Privy Council have held uniformly
that the Hindu idol is a juristic person in whom the dedicated property
vests. A Hindu idol, the Judicial Committee observed in one of its
recent pronouncements, is according to long established authority
founded upon the religious customs of the Hindus and the recognition
thereof by Courts of Law, a juristic entity. We should remember howdedicated pro- persons in the idol is not the material image, and it is
an exploded theory that the image itself develops into a legal person
as soon as it is consecrated by the Pran Pratistha ceremony.
The Religious Denominations are in existence of thousands of years.
To provide a comprehensive documentation is beyond the scope of
this study. However, we have segregated two chapters for the same
which is insufficient.
It appears however that from very early times religious and charitable
institutions in this country came under the special protection of ruling
1
authority. In the celebrated Rameswar case it was pointed out by
the Judicial Committee that the former rulers of this country always
asserted the right to visit endowments of this kind to prevent and redress
the abuses of their management. There can be little doubt, thus
observed their Lordships, that the superintending authority was
exercised by the old rulers. Mr. Nelson in his Madura Manual says
The principal Pagodas with their enormous establishments, their
officiating priests etc, were managed by Dharma Karta or trustee
and manager for life who as stated above was usually a monk and a
Guru.
The Dharma Kartas had little communication with another and
recognised no earthly superior except the king himself. Each was
independent of all control and acted altogether as he pleased. This
1 Rameswar Pagoda case. (1874) 1 IndApp. 209 (PC)
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freedom led naturally to gross abuses and the king was compelled
occasionally to interfere in the management of some of the churches.
2
Similarly West, J. observed in Manohar Ganesh v, Lakhmiram
The State in its secular executive and judicial capacity habitually
intervened to prevent fraud and waste in dealing with religious
endowments. It is true as observed by Seshagiri Ayyer, J. in Siharam
v. Sir Subramania lyer that there is little written authority regarding
the jurisdiction of the Hindu kings over temples and endowments.
But it seems that they were regulated by a sort of customary lawwhich in the last resort had to be enforced by the king. In the chapter
on Transgression of compact Yajnavalkya lays down: customary
law as well as usages established by kings should be carefully upheld
if not inconsistent with revealed law.; Upon this text Vijnaneswara
comments as follows; Duties arising under any custom such as
preservation of the pastures for cow and of water and the
management of temple and the like should also be carefully observed
without infringing the duties prescribed by the Srutis and Smritis.
Aparaditya and Mitramisra in commenting on the same passage lay
down the rule in almost identical manner. The same view finds
expression in Sukra Niti where the duty of protecting endowment
has been spoken of as one of the primary duties of the King. Thus
the duty of the King to protect endowments rested on the basis of
immemorial customs which were as sacred as written texts. Mr.
Ganapati Iyer in his learned work on Endowments has referred to
several historical documents which bear testimony to the fact, that
the Hindu Kings always exercised supervision over temples and
endowments.
In the treaty between the Raja of Cochin and the Dutch East India
Company there occurred the following statement : As we are obliged
to protect individually the temples at Palayanpur, Tiru Vallamale etc.
we should do so in a regular manner. I have already said that in the
2. Manohar Ganesh v. Lakshmiram, (I.L.R. 12 Bom. 247)
48
time of Asoka there were officers employed by the King whose duty
was to exercise supervision over religion and charity and Kautilya in
his Arthasastra also speaks of Superintendent of Religious
3
Institutions.
Mr. G. Iyer has further referred to an inscription of South India where
it is said that The people of Mayanadu, the Singalanadu, and the
Mudalanadu etc. shall protect these lands according to the rules of
charitable institutions. Thus it seems that the rules of charitable
institutions were well known and well established but as they did not
rest on written texts it is difficult to say at the present day what
these rules exactly were. West, J, gives a fairly accurate picture of
the Hindu system when he says that a Hindu who wishes to establish
a religious or charitable institution, may, according to his law, express
his purpose and endow it, and the ruler will give effect to his bounty,
or at least protect it so far, at any rate as is consistent with his own
Dharma or conception of morality.
Assuming now that the sovereign authority enforced or protected
the intentions of the founder provided they were not Contra bonos
mores, the question arises, what were the ideas underlying these
benefactions? If there was dedication of property for religious or
charitable purposes which divested the donor of his ownership in the
same, in whom did the ownership vest? And was there any idea of
trust implied in these endowments?
Though the subject has not been properly discussed by any of the
Hindu law givers, yet some light is thrown on it by the rules of
dedication prescribed by Brahminical writers, with regard to different
Kinds of endowment. There are various works of this kind where
the subject of gift or dedication has been elaborately discussed and
mention may be made, among others, of Danakhanda by Hemadri,
two works named Parta Kamalakar and Dana Kamalakar by
Kamalakar Bhatta, Pralistha Mayukha of Nikhanta and Pratistha
3. Mandaliks Hindu Law, Appendix 21, p.334.
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50
51
52
53
54
property which is dedicated to the deity but the deity itself which is
the central part of the foundation and stands as the material symbol
and embodiment of the pious purpose which the dedicator has in
view, The dedication to deity, said Sir Lawrence Jenkins in Bhupati
v. Ramlal, is nothing but a compendious expression of the pious
purpose for which the dedication is designed. It is not only a
compendious expression but a material embodiment of the pious
purpose and though there is difficulty in holding, that property can
reside in the aim or purpose itself, it would be quite consistent: with
sound principles of Jurisprudence to say that a material object which
represents or symbolises a particular purpose can be given the status
of a legal person, and regarded as owner of the property which is
dedicated to it.
It is not also correct that the Supreme Being of which the idol is a
symbol or image is the recipient and owner of the dedicated property.
The idol as representing and embodying the spiritual purpose of the
donor is the juristic person recognized by law and in this juristic person
the dedicated property vests.
Thus far we formed general idea of the different forms of religious
and charitable trusts amongst the Hindus and attempted to show
how they were shaped by the beliefs and ideas prevalent at different
.periods of their religious and cultural history.
When no definite rule of law is available, the abiding direction has
been given to Indian Courts to decide cases according to equity,
justice and good conscience and it is well known that these rules of
equity and justice are to large extent principles of English Law.
As West, J. observed in re. Kahandas Nanandas, If the Court: is
called on to give effect to a trust in a given case it looks to the Hindu
Law of property to determine the estate of the trustee, but with
reference to the duties of the trustee and the rights of beneficiaries it
is governed by the rules of English equity. Where there -is a text
of Hindu Law directly on the point the Privy Council has ruled
55
firmly that nothing from any foreign source should be introduced into
it, nor should courts interpret the text by application, to the language,
of strained analogies.
When the indigenous resources fail altogether, resort to the English
Law cannot be avoided, but here again the Judicial Committee
uttered the warning that the narrower peculiarities of English
Law should not be imported into the Hindu System.
56
CHAPTER 4
57
58
This Act was amended by Act XXI of 1925. In the Civil Procedure
Code of 1877 a definite section was introduced viz. section 539,
under which a suit could be instituted in case of any alleged breach
of any express or constructive trust created for public, religious or
charitable purposes, by the Advocate-General or with his consent,
by two or more persons, having an interest in the Trust, in the
principal Civil Court of the district where the trust property was
situated, for appointment of a new trustee and for various other
reliefs specified in the section. This section was later on amended
and in this amended form it stands as section 92 of the present
Civil Procedure Code. In 1890 the Charitable Endowments Act (Act
VI of 1890) was passed and this provided for the vesting and
administration of property held in trust for charitable purposes not
of a religious nature. The only other Act which is applicable
throughout India and which was passed to secure more effectual
control over the administration of charitable and religious trust is
Act XIV of 1920. As the preamble shows, the object of this
enactment was to provide facilities for the obtaining of information
regarding trust for public purposes of a charitable or religious nature,
and enable the trustees to obtain directions of a court on certain
matters and also to make special provisions for the payment of
expenditure incurred in certain suits against the trustees of such
trust. This Act has been further modified by a later Act viz. Act
XL1 of 1923.
4.2 TAMIL NADU EXPERIENCES..
The Tamil Nadu case is a dramatic example of how entangled the
institutional fortunes of religion and state can become, even in a society
formally committed to secularism. It is also an example, which can shed
light on characteristic features of religion-state interactions elsewhere.
Rather than limit ourselves to country-by-country studies, or to the unique
configurations associated with each of the great religious traditions, it seems
useful to identify more general and characteristic patterns. What follows
is an effort in this direction, one which focuses on the processes surrounding
Government Rules Hindu Temples
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the emergence of the modern state, and the modern states almost universal
tendency to propagate its vision of rationality.
The emergence of the modern state involves processes basic to political
development in all countries and extraordinarily significant for religion.
The characteristic direction everywhere in the world is towards the
expansive rational state - autonomous, differentiated, centralized and
internally coordinated.
Almost without exception, modern governments see religion - its beliefs
and practices, its leaders and institutions - as a potential or actual threat to
this expansion. The reverse is equally true. Religious leaders, worried about
modernization and about what the changing political order portends for
religion, develop strategies to defend their domains from state
encroachment. Each side is concerned to defend its authority and legitimacy.
Religion-State relations are not static. The conflict is sometimes subdued
and at other times explicit, but both sides are continually alert to one another
and to change in the larger environment of the society. The result is
continuing structural tension. To analyze this tension, it is useful to view it
in terms of three central dimensions: a political conflict between
governmental and religious elites; an institutional conflict over the use of
economic and cultural resources; and a cultural conflict over legitimacy,
authority and the definition of the ideal society.
The political conflict between governmental officials and religious elites
tends to be the first manifestation of underlying tensions. Centralizing states
typically begin with attacks on ecclesiastical properties and benefices and
on the status and influence of the religious elite. As they find their positions
jeopardized, religious leaders (bishops, abbots, priests, monks) search for
ways to save their positions, sometimes through resisting the states
incursions, other times through forging an alliance with it. These strategies
have made for high drama: Henry VIII and Thomas More, the French
Revolution and the nonjuring Catholic clergy, Ataturks abolition of
the Caliphate. In Tamil Nadu, as we shall see, the state has moved to
undercut many prerogatives enjoyed by temple elites, such as control over
60
temple land and income, religious authority, and local prestige and status;
the elites, in turn, have not lacked means of resisting, at least temporarily,
the states threat.
Lying behind the political struggle is a set of tensions between institutions
of religion and the state as the latter press to exert influence over an everwidening range of social activities, including economy, property, welfare,
law and education. State expansion is accompanied by demands that
these vital areas be brought directly under state control, that the state be
sovereign. In Tamil Nadu, the state has claimed sovereignty in a wide
variety of areas: land and tenancy reforms, supervision of education,
changes in inheritance, property and charity laws, and efforts to channel
religious wealth in socially progressive ways. The states claim in these
areas has posed direct, major challenges for Hindu temples.
In a sense, the cultural conflict between the modern state and more
traditional religion lies behind and is logically prior to the previous two. At
issue are the basic values, understandings and symbols in terms of which
shared social purpose and unity are possible. Especially important is the
issue of legitimacy. The growth of the modern state is accompanied by
major shifts in the structure, procedure and goals of public power, often in
directions not entirely compatible with those of the past. Legitimacy in the
pre-modern era was often tied institutionally and ideologically to religion.
Modernizing states usually stake out independent claims, resting their rule
on written constitutions, statutory laws, formal procedure, and actual
performance in such areas as physical health, economic prosperity and
national security. Even states which maintain a religious connection, such
as extreme cases of theocracy, attempt to enhance their own autonomy.
The conflict over legitimacy is not necessarily expressed fully or formally.
It can be mediated through very narrow and specific disputes and, indeed,
this is the common pattern. After all, the modern state does not spring into
being all at once; it forms slowly, incrementally. Conflicts over legitimacy
thus occur case by case, as when the state moves into an area, such as
education or priest selection, which heretofore had been more or less
61
autonomous. Here state officials must justify the states right to take charge,
and their justification often represents a quite different interpretation of
the states relation to and purpose in society. New categories and definitions
may be introduced; different goals and meanings may be appealed to. The
new interpretation is thus essentially a cultural act. The state is successful
to the extent that its cultural interpretation becomes dominant, edging out
the other, previously established, and religiously based views.
The Tamil Nadu state enjoys relatively high stateness in matters of religion
for three especially important reasons.
First, south Indian kings historically had important connections with religion
and temples. The cultural expression of this connection is the concept of
the state as protector of religion generally and of temples specifically.
Some would argue that the HRCE is simply performing the contemporary
version of this traditional role.
Second, the modern Indian state is regarded, especially since Independence,
as a positive countervailing force to traditional society. In so far as temples
can be said to embody old and traditional patterns, the state enjoys
considerable public support in its effort to bring temples under control.
Third, there is the ever present struggle for place - for economic, social
and political position - in the face of scarcity. Much of Indian public life
involves constant jockeying for status, privilege and opportunity. The state,
more than any other single agency, is in a position to affect the outcome of
these struggles. Through its own employment, and through laws which
regulate how others give employment, the state has become the great
gatekeeper of place. This is as true in temple matters as it is in other
areas.
Extreme Governmental control inevitably affects the profile of political
representation in temple matters. The states pre-eminence places critics
and opposition groups at a disadvantage; the burden of proof rests heavily
on them, and it is difficult to influence policy through normal channels.
The state, for its part, is able to claim legitimacy for its policies by appealing
to its historic role as protector. Governments also can shape the broader
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trusts for which the state has a direct responsibility. In actual fact, of
course, temple as public trust is difficult to distinguish from temple as
religion. Noninterference is also a nice slogan, but a poor guide to
practice.
Religious policy, in other words, cannot be studied primarily through
reference to the formal principle of secularism. The states policy at any
given time is an outcome of many factors: the law and Constitution, to be
sure; but also party competition, individual, group and organizational interests;
ideology; material advantage; and long-term regime interests. Religionstate relations change over time, and religious policy is subject to the same
sorts of political pressures as policy in any other area.
One implication of adopting a primarily political rather than legal approach
to religion-state relations is that we no longer expect religious policy to be
rational in a formal sense. Politics involves compromise and adjustment;
substantive policies are based not only on merit and reason but also on
influence and competing interests. What is formally rational is not always
politically rational. This political understanding keeps in view the basic
fact that Hindu temples possess material and symbolic resources of great
importance to individuals, groups and the state. Religious policy affects
the way these resources are distributed - denied to some and secured
for others - which is why policy so often embroils local notables,
political parties and state agencies in conflict.
4.3 ANDHRA PRADESH EXPERIENCE
Experience gained by Andhra Pradesh Legislature in enacting 30/87
Act and the Corrective Action through amendment Act 33 of 2007
The following is an excerpt from the book Hereditary Archakatvam a
Duty Not a Right (Pg 15). It is recommended, to read the entire book,
for a deeper understanding of this concept.
The rishis who authored the Agama Samhitas, wanted people connected
with the temple, to feel a deep sense of attachment to the deity. They
* Hindu Religious and Charitable Endowments.
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90% of our temples have closed down; as we did not think deeply
enough when we abolished an age old system, which was recommended
by the Agamas. The legislators and the intellectuals responsible for
the legislation, did not pay due respect, to the wisdom of our ancient
Rishis, and the society is paying a heavy price, in terms of escalating
violence, droughts, scarcity, suicides etc. The brunt of this is felt by
the rural population of our state.
The book Legislation for Temple Destruction, gives a very detailed
history of this legislation and the aftermath, study of which is highly
recommended.
The 30/87 act was passed in haste, by the Andhra Pradesh Government
in 1987, without any serious discussion. The legislation itself was based
on the recommendations, of a commission headed by Justice Challa
Kondiah. The commission restricted itself, to study of the affairs, of
major temples like Tirumala, and also borrowed from the 1969
amendment to the Tamil Nadu legislation, which advocated abolition
of hereditary system. The fact that the commission did not bother, to
check the ground reality in Tamil Nadu post 1971, and also did not
study issues relating to small 6C category temples; which form the
majority in Andhra Pradesh, were the main reasons for the eventual
failure of the 30/87 legislation.
The following points summarize the learning from the failure of the 30/
87 act.
1.
Hereditary System has to continue for the survival of small
low income temples. Replacing this, with a system where everyone is
a paid employee does not work, as the income is low, and hence the
employees loose motivation and leave. The Hereditary functionary on
the other hand, is doing it as a duty, and whether there is income or not,
continues to serve the deity as his forefathers did before him.
2.
Small low income temples should be given maximum autonomy
for their survival. The income being very low, has to be optimally used
67
for the temple, and not spent on supporting functionaries like Executive
Officers. There should be minimal interference in their functioning.
3.
Trust board or Management Committee, as a means to exercise
control should be resorted to for small low income temples, only under
extreme circumstances of mismanagement or misappropriation.
Wherever the existing management is functioning well, it needs to
continue without any interference. The decision to have a trust board
or Management Committee, should be a careful one, as it will dilute
the authority of existing functionaries for years to come; and could
result in their loosing control and interest, and eventually the institution
will suffer. The income level of these institutions being very low, most
of the time, the money is advanced by the hereditary functionaries,
and having a trust board or Management committee, as a means of
control, doesnt serve any purpose.
4.
For high income temples, trust boards or management
committees, as a means to exercise control and ensure that the funds
are properly utilized, cannot be disputed against. Even in this scenario,
it is required that Hereditary functionaries continue with position of
say, as there is no guarantee that the temple will continue to have high
income in future. Even today, we have several instances of temples in
dilapidated condition, which once had a very glorious past. If the
temples income falls for some reason, then all people who are paid
employees will leave; there will be lack of interest to be a member of
the management committee, and then it is only the hereditary
functionaries who can be depended upon, to continue to run the temple.
Therefore, in the long term interest of the institution, the hereditary
functionaries should have an important role, in the new management
structure.
It is not fair, to have a system, which wants hereditary system for low
income temples; and once these very same temples start having higher
income, then the same people are no longer needed.
68
5.
The trust boards have become a training ground for political
green horns in AP, as final say, on who is appointed in these boards is
vested with politicians. This has lead to rampant politicization,
commercialization and corruption in temples of high income.
6.
The AP experience has shown that the new management
structure, has failed miserably in safeguarding temple properties.
Temple lands have been encroached, used for political populist housing
schemes, crores of compensation is pending from the Govt, and there
is no one within the management who has filed cases against this. This
is to be expected, as the entire management structure, and the
endowment department functions subordinate to their political masters.
Hence, there is a strong case, for the hereditary functionaries; to have
significant say in the management structure, so that they can fearlessly
protect the properties of the temples as they have done for centuries
in the past. In the recent past, the High Court of AP was so vexed with
the Endowments department that it had to give the control of Hathee
Ramji mutt, back to the pontiff from the Govt, to save the properties of
the mutt from being illegally disposed off.
The Andhra Pradesh legislature has learned its lessons from the 30/87
experiment, and has done a yeomen service to the future generations,
by enacting amendment Act 33 of 2007 which largely corrects all the
above lacunae by reinstating the hereditary archakatvam and trusteeship
and the experience has also been recorded in the statement of objects
and reasons for amendment Act 33 of 2007.
Over the last two decades, there has been a substantial
increase in pilgrim flow in certain temples while many of the
old village temples have been languishing without any
traditional rituals being performed. There have been
numerous representations from the Archakas that a strict
adherence to the provisions of the Act have created difficult
conditions for Archakas to continue in the profession. On
the one hand, the Act had abolished the Hereditary rights
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repealed, and a new Act, the Madras Hindu Religious and Charitable
Endowments Act 19 of 1951 was enacted, introducing substantial
changes in the law relating to Hindu religious and charitable public
endowments. The validity of some of the provisions of this Act was
impugned on the ground that they contravened the provisions of the
Constitution, and as a result of the decisions which had held; some
of them ultra vires, the Act was amended from time to time and
eventually replaced by the Madras Hindu Religious and Charitable
Endowments Act: 22 of 1959.
The repealed Madras Act 19 of 1951, continues, as amended from
time to time by the legislature of the Andhra State, to be in force in
that State: In 1937, the Central Provinces Religious and Charitable
Trusts Act was passed with the object of securing proper
management and administration of religious and charitable trusts in
the Central Provinces. One characteristic feature of this Act was
the appointment of local committees for management and
administration of public trusts of a religious or charitable nature,
the gross income of which was not less than rupees five hundred a
year. This Act was repealed in 1951 by the Madhya Pradesh Public
Trusts Act 30 of 1951. One of the features of this Act is the creation
of the office of a Registrar of public trusts whose duty it is to inquire
into the existence and management of public trusts there being also
a provision for their registration. The first legislation on this subject
in Orissa was the Orissa Hindu Religious Endowments Act, 1939.
That Act was repealed by the Orissa Hindu Religious Endowments
Act 2 of 1952 which is the Act now in force. The law relating to
public religious endowments is embodied, in Mysore, in the Mysore
Religious and Charitable Institutions Act 7 of 1927 ; in Kerala, in
the Hindu Religious Institutions Act 15 of 1950, passed by the
erstwhile State of Travancore-Cochin ; and in Bihar, in the Bihar
Hindu Religious Trusts Act 1 of 1951. The other enactment on this
subject is that of Rajasthan called the Rajasthan Public Trusts Act
42 of 1959, and that applies to all public religious and charitable
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trusts in that State. The above Acts have been enumerated only
with a view to give an idea of the statutes in force in the several
States.
4.5.1 PUBLIC, CHARITABLE AND RELIGIOUS TRUSTS
74
the trust and having obtained the leave of the court can institute
a suit to seek:
removal of a trustee
In such a suit, the court may alter the original purpose of the
trust and allow the property or income of such trust or any portion
thereof to be applied to different purpose or in a different manner
for a similar purpose, as nearly as possible according to the
intentions of the author.
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CHAPTER - 5
(b)
77
(a)
(b)
(c)
(d)
Over the years, the legislatures have used Art 25(2)(a), 25(2)(b) and
26(d) to either, gain control over the secular activities of Hindu Religious
institutions, or to reform religious practices, which discriminated against
devotees in general. It is relevant to mention here that the practice of
untouchability, and also of barring certain classes of people from
worshiping in temples, was very prevalent at the time; and it was the
intention of the founding members of the constitution that the legislature
is given elbow room, to be able to legislate, to bring about such reforms.
The legislatures in general, have used the elbow room provided in the
constitution, to gain greater control over the Hindu Religious institutions
in particular, and not always in the better interests of the religion and its
devotees. The courts have tended to go along with the legislature, with a
fundamental assumption that the religion requires reform, and the net
result is the dilution of the freedom enjoyed by Hindu Religious
denominations.
The article Legalizing Religion: The Indian Supreme Court and
Secularism by Ronojoy Sen, gives a detailed view of how over the years,
the state was able to gain greater and greater control over the Hindu
Religious institutions, with the active support of the Judiciary.
It is the objective of this research to analyze critically the case
file of the failed Andhra Pradesh experiment on temple reform
initiated through Act 30 of 1987 Legislation which was upheld by
the Supreme Court using the essential practices doctrine in A.S
Narayana Deekshitulu v State of Andhra Pradesh (AIR 1996 SC
1765) (referred as Narayana case) going against the core principles
enunciated in the Agamas which govern all aspects with regards to
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79
religion and what are not? According to the court what constitutes the
essential part of a religion is primarily to be ascertained with reference
to the doctrines of that religion itself. This essential part of religion is
protected by the Constitution: Under Article 26(b), therefore a religious
denomination or organization enjoys complete autonomy in the matter of
deciding as to what rites and ceremonies are essential according to the
religion they hold and no outside authority has jurisdiction to interfere
with their decision in such matters However the state can legitimately
regulate religious practices when they run counter to public order, health
and morality and when they are economic, commercial or political in
their character though they are associated with religious practices. The
court also held that protection under Articles 25 and 26 was not limited
to matters of doctrine or belief but also extended to acts done in pursuance
of religion therefore contained guarantees for rituals, observances,
ceremonies and modes of worship.
5.3 DEVARU CASE
In Venkataramana Devaru vs State of Mysore (AIR 1958 SC 255) the
court had to weigh the religious freedom of a group against the right of
a state to reform a religious practice. The primary subject of the case
unrestricted right of entry of Harijans into a temple founded by Brahmins.
Justice Venkataramana Iyer speaking for the court posed the question
The substantial question of law, which arises for decision in this appeal,
is whether the right of a religious denomination to manage its own affairs
in matters of religion guaranteed under Article 26(b) is subject to and
can be controlled by, a law protected by Article 25(2)(b) throwing open
a Hindu temple to all classes and sections of Hindus
The learned Judge referred to various Agamas in the Judgement and
accepted the restricted entry as a religious practice but upheld the authority
of the state to regulate this by giving precedence to Art 25(2)(b) over
Art 26(b). The Judgement was still within the ambit of the Essential
Practices principle of Shirur Mutt case though the cardinal principle laid
out in Shirur Mutt case regarding the autonomy of the religious
denomination to decide what ceremonies are essential was breached.
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82
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with the effect of the Bombay Hindu Places of Public Worship Entry
Authorisation Act. It holds that section 3 of that Act was not ultra
vires Article 26(b) of the Constitution. The Court held that, section 3
of the Act was not intended to invade the traditional or conventional
manner in which the act of actual worship of the deity is allowed to
be performed only by the authorised Pujaris of the temple and by no
other devotee who entered the temple for darshan. It also held that
Swami Narayan Sampraday sect was not a religion distinct from
Hindu religion and the temple belonging to that sect comes Within
the ambit of the provision of that Act.
Another area of constitutional impact is when Judges and courts enter
into the debatable sphere of rejecting a religious practice based on
what they think to be irrational consideration. Closely connected with
this topic is the theory introduced recently that only those practices
which form an essential and integral part of the religion may get
protection under Article 26 of the Constitution. Relevant decisions
on this point expressing such views are to be found in the case of
Tikayat Sri Gobinda Lalji v. State of Rajasthan and Darga Committee
v. Hussain. If Courts started enquiring and deciding the rationality
of a particular religious practice then there might be confusion and
the religious practice would become what the courts wish the practice
to be. The attempt of the courts to determine judicially what are or
are not the essential parts of a religion may raise difficult questions
whose justiciability is doubtful. It is all the more doubtful when judicial
dicta try to lay down the formula that whether a particular religious
practice is an essential part of the religion or not is an objective question
to be determined by the court by looking to the tenets of the religion
itself. The usual classification of objective and subjective tests is beset
with many difficulties in this area. The objective tests from the practical
point of view may be difficult to apply for a good deal of such practice
is tuned up with the subjective ideology of a religion.
Where, however, religious practice becomes a crime, then the courts
have undoubted right under the Constitution to strike them down on
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ground of public order. See the American decision on this point and
the judgment of Mr. justice Bradley in the case of Corporation of
the. Church of Jesus Christ of Latter-day Saints v. United States/
Separate statutes by different States with regard to different religious
and their denominations have been generally held to be good and
they have successfully withstood the challenge of Article 14 of the
Constitution providing for equality before the law or the equal
protection of the laws fundamentally on the basis of the principle of
reasonable classification.
Moti Das v. S. P. Sahik is the leading authority where the question
related to the validity of certain provisions of the Bihar Hindu Religious
Trusts Acts, 1951. See also the decision of the Supreme Court in the
State of Bihar v. Bhabapritananda.
One more important question has been to find out what is religious
property. Some of these statutes relating to Hindu religious and
charitable trust had to face the challenge of Article 19(1)(f) of the
Constitution providing for the fundamental right to acquire, hold and
dispose of property. The special point which often arises in this
connection is that the office of a Mohunt or a Shebait is property. In
Shirur Mutt case the head of the Mutt challenged the validity of certain
statutory provisions of the Madras Hindu Religious and Charitable
Endowments Act, 1951, on this very ground that they violate the
fundamental right to hold property. The ratio of this case is that the
word property under Article 19(1)(f) of the Constitution must be
liberally and broadly interpreted so as to include the right of the Mohunt
to the beneficial enjoyment of the property of the Mutt and to deal
with and dispose of its income by his discretion for the purpose of
the Mutt. It was well settled principle of Hindu law of religious and
charitable trust even long before the Constitution of India that the
office of a Shebait is property and it was extended to that of the
Mohunt. The leading cases on the point are (1) Shirur Mutt case. (2)
Ratilal v State of Bombay (3) Sri Jagannath v. State of Orissa and (4)
Moti Das v. S. P. Sahi and they represent the corner stone of the law of
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took contrary view of the Essential Doctrine principle in the case (AIR
1990 Cal. 336). Justice Bhagabati Prasad Banerjee wrote The
performance of tandava dance cannot be said to be a thing which is
beyond the scope of Hindu religion. Hindu texts and scriptures provide
for such dance. If the Courts start enquiring and deciding the rationality
of a particular religious practice then there might be confusion and the
religious practice would become what the courts wish the practice to
be. This was a strong indictment of the essential practices principle
followed by the Supreme Court since 1960s.
It is quite clear that all the above points of criticism apply squarely to the
Narayana case and the Essential Practices Doctrine which was used
by the learned Judges to separate the un essential from the essential
without sufficient expertise and grounding in the various schools of Hindu
Philosophical thought. Further the definition of Religion that was
articulated in the Shirur Mutt case has been considerably diluted as noted
by the Ronojoy Sen in his article
Quoting from texts such as the Vedas, Upanishads, and the Gita, and
using modern thinkers and writers such as Aurobindo, Vivekananda,
Radhakrishnan, Shankar Dayal Sharma, and even Richard Dawkins,
Ramaswamy attempted to construct a notion of religion significantly
different from Shirur Mutt.
Taking cue from Aurobindos distinction between true religion which
is spiritual, and religionism, which is narrow and focused on ceremonies,
Ramaswamy proposed:
The importance of rituals in religious life is relevant for evocation of
mystic and symbolic beginnings of the journey but on them the truth of a
religious experience cannot stand. The truth of a religious experience is
far more direct, perceptible and important to human existence. It is the
fullness of religious experience which must be assured by temples, where
the images of the Lord in resplendent glory is housed It is essential that
the value of law must be tested by its certainty in reiterating the core of
Religious Experience and if a law seeks to separate the non essential from
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the essential so that the essential can have a greater focus of attention in
those who believe in such an experience. The object of such a law cannot
be described as unlawful but possibly somewhat visionary
Ramaswamy drew a parallel between a higher and core religion
and the concept of dharma. According to Ramaswamy, it is dharma
rather than conventional religion that is protected by the constitution.
The idea of a higher or dharmic religion, according to Ramaswamy is
fundamental to the essential practices doctrine and the secular
Constitution. He states:
In secularizing the matters of religion which are not essential and integral
parts of the religion, secularism, therefore, consciously denounces all
forms of supernaturalism or superstitious beliefs or actions and acts which
are not essentially or integrally matters of religion or religious belief or
faith or religious practices. In other words, nonreligious or antireligious
practices are antithesis to secularism which seeks to contribute to some
degree to the process of secularization of the matters of religion or
religious practices
The religious freedom guaranteed by Articles 25 and 26, therefore, is
intended to be a guide to a community-life and ordain every religion
according to its cultural and social demands to establish and an egalitarian
social order
The unusual redefinition of religion and religious freedom in Narayana is
far removed from what Mukherjea in 1954 had originally proposed in
Shirur Mutt. The distinction between essential religion and superstition
had been articulated by Gajendragadkar. However, the conception of
religion as dharma that can foster an egalitarian society and a unified
nation is closer to that proposed in the 1994 Bommai Judgement.
The corrective actions that need to be urgently taken by the
Supreme Court so as to prevent such errors of judgement in
future is as follows :1.
The definition of what is protected under Art 25 and Art 26 as
articulated in the Shirur Mutt case need to be strictly followed.
89
90
CHAPTER - 6
91
Board and in its successor, the Hindu Religious and Charitable Endowments
(HRCE).
This extensive bureaucracy was created specifically to make the local
temple more responsive to state and national policy. The clear design
was to modify local traditions, customs and practices to bring them
into line with the political interests and ideological preferences of westernized
elites, bureaucrats, political parties and social reformers. The effort
to draw the temple to the center was systematic, elaborate and selfconscious.
6.2
As has been discussed in the previous chapters and analysis of the various
conflicts in many Temples, most of the problems which, Regulation VII
of 1817, Act XX of 1863, Section 92 of the Civil Procedure Code, the HRE
Act of 1927 and the HRCE Act of 1951 were designed to address and
1
solve are still present: corrupt trustees, poorly trained priests, irregular
trustee succession, excessive expenditures, internal conflict and
factionalism and, in general, the use of the temple for personal wealth,
status and power.
The temples resilience in the face of the challenges by the modern state
is an instructive example of administrative ineffectiveness in post colonial
states. This study has highlighted several dimensions of the problem.
In part, the causes of the temples resilience are related to what scholars of
political development have called the crises of penetration, integration
2
and centralization. The task which central policy-makers in Madras set for
themselves was that of penetrating and integrating under central control
over 50,000 separate and locally based Temples, many of them in rural
isolated, relatively inaccessible regions of the state. This was an enormously
1
92
93
6.3
VERIFICATION OF HYPOTHESES :
94
95
96
97
98
99
It is, of course, true that the state today, in the form of the Endowments
Department, has nothing to do with temples in the direct, personal
sense praised by the speaker in the above passage. But most HRCE officers
would regard this as the HRCEs outstanding virtue. The passage of the
HRE Act of 1925 symbolized the rejection by the modern state of the
traditional, organic link between public authority and temples. The
HRCE today is a bureaucratic organization designed specifically to eliminate
all signs of personal, patrimonial-like interests on the part of those with authority
in temples, whether they be trustees, EOs or commissioners. Ideally,
trustees should have no personal stake in their temples. EOs are transferred
frequently to ensure that they do not develop more than a temporary and
career-oriented interest in their institutions.
6.6 SUGGESTIONS:
1.
It is impossible to make a final assessment of the historical
choice made in favor of pure bureaucratic administration at the expense
of the more patrimonial forms which preceded it. Hence, A Dharmika
Parishad which included Religious Heads, Judges, Men of Repute, archakas
and other Stake holders to run the entire Temple Administration in the State
is the Solution. This Solution has been provided by the Andhra Pradesh 33/
2007 Endowments Amendment Bill which is now an Act as Notified in 2008
is the Solution. This Act has to be implemented strictly.
2.
Devotees who are in Crores need to participate in the protection
and service to their respective Institutions and never allow the State to
appropriate the Properties and Incomes of the Temples.
3.
The Judiciary which is the gate keeper of the rights of the
religious denominations should in future more carefully interpret the
protection provided under Art 29(1), Art 21, Art 25 and Art 26 and protect
the religion, culture, tradition and heritage of the Religious denominations
from excesses of the Legislatures.
In conclusion, it is seen with experience that there is a need for a
more regulatory control of Administration than that of an appropriating or
ownership nature by the State. This will help the Religious Denominations
and its Institutions to flourish and sustain on its own.
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APPENDIX - I
It is the objective of this study to analyze critically the case
file of the failed Andhra Pradesh experiment on temple
reforms initiated through Act 30 of 1987 Legislation which
was upheld by the Supreme Court using the essential
practices doctrine in A.S Narayana Deekshitulu v State of
Andhra Pradesh (AIR 1996 SC 1765) * (referred as Narayana
case) going against the core principles enunciated in the Agamas
which govern all aspects with regards to temples. This analysis
has been provided in this appendix.
Why is the right to Hereditary Archakatvam an essential and integral part
of religion contrary to the conclusion reached in Narayana judgement ?
We know that the Agamas insist on the Hereditary right to Archakatvam
and as part of usage it has been prevalent in almost all temples. The
Agamas insist that any deviation will cause defilement of the Deity and
great harm to the society. This warning was not taken seriously and was
treated more as a superstition. The subsequent events recorded in section
4.3 of this book shows that the Agama Rishis had great wisdom and
foresight in giving such a severe warning to the society. The AP 30/87
experiment allows us to understand by observation why the Agamas
were giving such serious warning.
The following points illustrate further why hereditary system is so
important.
1.
Archakatvam is a service to the society more so in temples of
very low income in remote villages which constitute over 90% of the
temples.
2.
In these low income temples only hereditary system guarantees
availability of Archakas of high caliber, as the family commits the sacrifice
of training atleast one of its members in the traditional avocation as a
duty to the deity, and society, as ordained by the Agamas. If the right is
taken away, there is no incentive for the sacrifice, as the same member
can now take up any money making avocation. End result is the closure
of the temple, as there is no one from the Agama institutes willing to
work in a remote village with almost nil salary. The assumption of the
learned Judges that abolition of the hereditary right will only work for
better, as the field of choice is widened does not work for low income
remote village temples; in fact the field is narrowed to the point of
extinction.
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3.
Another point to note is that as a society there are now many
money making avocations and very few people are opting for
Archakatvam which is :a.
b.
c.
They are no longer held in high esteem by the society which is
highly materialistic.
d.
Abolishing Right to hereditary archakatvam opens up the archaka
profession to the market forces. When we are now struggling to find
high caliber people for traditional avocations like teaching, pure science,
law, doctor (rural) etc; while IT and Services is sucking up all the
graduates, we can imagine the plight of a traditional profession like
archakatvam which in addition, has all the above defects.
e.
Through the Agama Samhitas the ancient Rishis established a
quid pro quo arrangement, where the society recognizes the right to
hereditary archakatvam of the archaka family and simultaneously enjoined
it as a duty of the family to train its members for archakatvam.
This aspect is clear because the Agamas insist that even when the
hereditary archaka in service is incapable of continuing due to various
reasons including bad conduct, he can be terminated, but the search for
replacement should again start with the family. This clearly establishes
the fact that as per Agamas the right to archakatvam is not an individual
right but the right for the family in return for the sacrifice as part of duty
enjoined on the family. In fact from Appendix-II of this book it will be
clear that Hereditary Archakatvam is a duty and responsibility of the
family for the society. The quid pro quo arrangement put in place by the
Agamas and followed scrupulously by the society in almost all temples
for many thousands of years ensured uninterrupted rituals in all temples
irrespective of the income status, until this was disturbed by the legislature
and later upheld by the courts causing grievous damage as detailed in
section 4.3 of this book.
f.
The Agamas lay down, when the society as represented by the
trustee or the King Etc could go outside the family for appointing the
Archaka and even in this case once a successor from the family is
identified he gets the right to Archakatvam. The Agamas felt the strong
need to keep the archaktvam within the family, which was dedicated to
serving the deity of a temple, to ensure uninterrupted rituals. At the
same time Agamas had exception clauses to avoid interruption in the
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103
succession) and also the exception under extreme conditions. The learned
Judges used the exception clauses to justify that the rule was unessential,
which was not the intention of the Agamas in listing the exception as a
remedy for extreme circumstances, while asserting the need to follow
the rule.
1.1 The Causes for the wrong conclusion in the Narayana Judgement
through Essential Practices doctrine.
The Learned Judges having great expertise in the legal domain were not
practicing philosophers or religious heads but were attempting an intricate
religious task with the result they formulated their opinions based on
their limited knowledge in the subject without taking into account the
beliefs and commentaries of all the religious heads belonging to various
schools of thought of Hindu Philosophy. The following will illustrate this
The learned judges quoted many philosophers even people belonging to
other religions but unfortunately there was not a single quotation in the
Judgement of Sri Ramanuja who travelled length and breadth of this
country and sacrificed his life to bring about reforms in the temple system.
The learned Judges after quoting number of philosophers make the
following assertion:
It thus follows that to one who is devoted to the pursuit of
knowledge, the observance of rituals is of no use since the
observance of rituals and the devotion of knowledge cannot coexist. There is considerable incompatibility between knowledge and
rituals inasmuch as their natures are entirely antithetical. It is only
he who regards himself as the agent of action that can perform
rituals; but the nature of knowledge is altogether different and it
dispels all such ideas. All the wrong ideas beginning with the
identification of Self with the physical body etc., are eradicated by
knowledge, while they are reinforced by action. Ignorance of Atman
is at the root of action, but the knowledge of Atman destroys both.
How is it possible for one to perform the prescribed rituals while
engaged in the pursuit of knowledge inasmuch as they are
incompatible! It is as much impossible as coexistence of light and
darkness. One cannot keep ones eyes open and closed at the same
time. It is equally impossible to combine knowledge and rituals.
Can one who is looking westward look eastward? How is one whose
mind is directed towards the innermost Atman fit to take part in
external activities? (Para 58)
104
The above statement clearly negates Karma Yoga, Bhakti Yoga and
Prapatti Yoga as paths advocated by various schools of thought of Hindu
religion for self realization leading to salvation. This single paragraph
negates several schools of thought of Hinduism like Vishishtadwaita and
Dwaita with millions of followers, who hold very divergent views of
what constitutes action, and inaction. It is noteworthy that the case was
pertaining to thousands of temples belonging to Sri Ramanujas
Vishishtadwaita philosophy and Sri Madwacharyas Dwaita philosophy
and the Judges have quoted Adi Shankaras Advaita philosophy that too
out of context and used it as a basis of the judgement against the very
principle of Articles 25 & 26 of the Constitution. The views also negate
the commentary on Bhagavad-Gita by Mahatma Gandhi who laid heavy
stress on performance of action and ones duty and selfless service to
society as a way to salvation in the commentary. In fact this statement
negates the entire Agama Philosophy. We need to understand why the
above statement does not apply to Temple System of Worship.
1.1.1 How the basis of Narayana Judgement is in violation with various
commentaries on Bhagavad-Gita
The following are some important slokas from Bhagavad-Gita with the
explanations from the book titled The BHAGAVDGITA by Prof S.
Radhakrishnan the first Philosopher President of independent India. This
illustrates the complete philosophy of the Gita which is in variance with
the conclusions of the learned Judge as stated above.
Bhagavad-Gita (Chapter 3 Sloka 3)
zNzDuuu ue zO DV @
rzTz WP N|zTz zuT @@3-3@@
O, Blameless One, in this world a two-fold way of life has been
taught of yore by me, the path of knowledge for men of contemplation
and that of works for men of action.
Bhagavad-Gita (Chapter 5 Sloka 4)
105
Euo: N| N N| Nzuo : @
y Y zTy Y uuT| YuN: @@6-1@@
He who does the work which he ought to do without seeking its
fruit he is the sanyasin, he is yogin, not he who does not light the
sacred fire, and perform no rites.
Bhagavad-Gita (Chapter 3 Sloka 20)
O: N|luz s N|uo o @
N|uosDOuNy|z|NT @@3-25@@
Just as, with attachment, the unenlightened perform all actions, O
Bharata, even so, but unattached, should the enlightened man act,
with a desire for the welfare of humanity.
The Bhagavad-Gita in the following verses describes the Perfect Yogi
Bhagavad-Gita (Chapter 6 Sloka 46)
zuTu z| ozon @
\oz z z Ooz o: @@6-47@@
And of all Yogins, he who full of faith worships me, with his inner
self abiding in me, him I hold to be the most attuned (to me in Yoga)
106
E\| GY@
L ooO z On |oz @
z YqO oz Nz zTu: @@12-1@@
Arjuna Said:
Those devotees who, thus ever earnest, worship thee and those again
(who worship) the Imperishable and the unmanifested, which of
these have the greater knowledge of Yoga?
Bhagavad-Gita (Chapter 12 Sloka 2)
y TY@
z z z unO Goz @
zzooz z Oo o: @@12-2@@
The Blessed Lord Said:
Those fixing their minds on Me worship Me, ever earnest and
possessed of supreme faith-them do I consider most perfect in Yoga
The teacher answers decisively that those, who worship God in His
manifested form, have greater Yoga Knowledge.
Bhagavad-Gita (Chapter 12 Sloka 7)
oz o| wnTo @
u uYns| zuoYzo @@12-7@@
Those whose thoughts are set on Me, I straightway deliver from the
ocean of death bound existence, O Partha (Arjuna)
Bhagavad-Gita (Chapter 12 Sloka 8)
z En u u uz @
uuu z Eo H : @@12-8@@
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Es uY o Nzu u us @
EzTz ooz uXZDDo @@12-9@@
If however, thou art not able to fix thy thought steadily on me, then
seek to reach Me by the practice of concentration, O Winner of
wealth (Arjuna)
Bhagavad-Gita (Chapter 12 Sloka 10)
EzDsz|Du nN|z @
ts|u N|um N|uuu @@12-10@@
If thou art unable even to seek by practice, then be as one whose
supreme aim is my service; even performing actions for My sake,
thou shalt attain perfection.
If the concentration is found difficult on account of the outward
tendencies of the mind of our circumstances, then do all actions for
the sake of the Lord. Thus the individual becomes aware of the
eternal reality.
Matkarma : is sometimes taken to mean service of the Lord, puja or
worship, offering worship, offering flowers and fruits, burning
incense, building temples, reading scriptures etc.
Sri Ramanuja in his Gita Bhashya Defines the word Matkarma as follows:
Any duty related to me such as construction of temples, lighting the
lamp, growing temple garden, getting flowers for me, bathing me,
pradakshina, obeisance to me, praising me by stotras with love and
devotion will please me.
Bhagavad-Gita (Chapter 12 Sloka 11)
Es{otOzDu No zTuo: @
|N|nT oo: N on @@12-11@@
If thou art not able to do even this, then take refuge in My
disciplined activity, renounce the fruit of all action, with self subdued.
108
zz u r[rt uuoz @
nN|nT: nTXZuoo @@12-12@@
Better indeed is knowledge than the practice (of concentration) ;
better than knowledge is meditation; better than meditation is the
renunciation of the fruit of action; On renunciation (follows)
immediately peace.
The Bhakti emphasis leads to subordination of knowledge and
meditation to the devout mind and consecration of all works to God.
In the final chapter Lord Krishna declares unambiguously:Bhagavad-Gita (Chapter 18 Sloka 3)
n[ tzutnzNz N| |yum: @
rto:N| n[uuo Yz @@18-3@@
Action should be given up as evil, say some learned men: others
declare that acts of sacrifice, gift and penance are not to be given
up.
Bhagavad-Gita (Chapter 18 Sloka 5)
rto: N| n[ N|z oo @
rz t o{ u yum @@18-5@@
Acts of sacrifice, gift and penance are not to be relinquished but
should be performed. For Sacrifice gift and penance are purifiers
of the wise.
Against the view that all actions should be abandoned, since it leads
to bondage, the Gita asserts that sacrifice, gift and penance should
not be abandoned.
Bhagavad-Gita (Chapter 18 Sloka 6)
109
rto: N| n[ N|z oo @
rz t o{ u yum @@18-5@@
The Yagnya charity and Tapas are never to be given up; in
fact all these three things are to be strictly observed on a continuous
basis. These are the most sacred acts which makes the man pure
(Para 17 Pannalal Judgement)
Rajaji in his foreword to the great devotional renderation by Smt M.S.
Subbalakshmi of the song Bhaja Govindam composed by Sri Adi
Sankara says The way of devotion is not different from the way of
Knowledge and Jnana. When intelligence matures and lodges
securely in the mind it becomes wisdom. When wisdom is integrated
110
3.
111
Obviously the priorities for the worship at ones home is a bit different
from the above as it mainly involves (3)
With the above objectives the prescribed rituals in temples are described
and the Archaka is motivated to perform these rituals with a selfless
mindset for the good of the society. It is emphasized that this is his
dharma and his path to salvation. The vedic rituals which cause greater
good are integrated with a view that as these are performed for the
good of the society they will bring peace and prosperity to the society as
a whole. The society as a whole has a stake in the worship happening in
the temple.
It is important that the Archaka, as he performs the rituals daily, needs to
make progress towards higher levels of devotion and as this happens the
same rituals will start giving greater results to the society. Keeping this
in view the Agamas ask the society to take care of the Archakas
minimum needs so that his focus is entirely on the divine. If done well
the society as a whole will benefit eventually. The Agamas also are
extremely keen on continuance of the rituals in the temple under any
eventuality and hence they designed the hereditary system so that even
under worst scenarios the worship will continue generation to generation
as the family does it as a duty to the deity, its ancestors and the society.
This was the best system that would ensure continuous rituals for
thousands of years and at the same time pass down the details of the
rituals generation to generation.
In summary the Agamas are perfectly aligned to the path of devotion
celebrated by Lord Krishna in Bhagavad-Gita. They try to integrate the
larger good of the society along with individual aspiration for salvation
with appropriately designed rituals happening in a temple. They declare
that if done properly and selflessly by an Archaka who is completely
evolved in devotion these rituals can provide benefit of a hundred
sacrifices to the society making it very peaceful and prosperous
(Shatakratunam Yajane Tat Phalam) oNo \z oo . So
continuance of rituals is extremely important for the society and hence
even if the Archaka becomes highly evolved and enlightened, he still
needs to continue the rituals selflessly for the good of the society. The
only difference would be that the same rituals now will give greater
benefit as the Archaka has become very pure in his thoughts and the
statement of the Agamas that an Archaka is nothing but divinity personified
becomes true (Archakas sa hari sakshath) EY|N u qo. Hence
the devotion of the Archaka towards the deity is extremely central to the
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scheme of things, without devotion the rituals will not give any benefit to
the society.
The above points are illustrated by the following excerpts from The
Agama Encyclopedia by Prof S.K Ramachandra Rao Vol 3. Most of
the points are from Appendix IV of the book titled Note on Temples
and Temple-Priests. With Special Reference to Vaikhanasas. Prof S K
Ramachandra Rao has also noted in his epic work that in practice the
temples belonging to each of the different Agama disciplines have adopted
the good points of the other disciplines in terms of usage while retaining
their distinctness in the core religious rituals and the Godhead who is
worshipped.
1.
Devotion to Godhead is the common plank on which Agama
of whatever sect rests; and the priest fits into the role of a properly
consecrated mediator between the lay devotee and the Godhead, in
all the Agama divisions.
2.
Agama, in fact, is the manual which describes the priest
and prescribes his functions. It explains what contributes to the
potency of a shrine in terms of the spiritual power of the priest who
operates, the excellence of worship rituals conducted, and the fine
workmanship of the icon worshipped.
3.
It is the priest who by his character and conduct as well as
the fervor with which he carries out the rituals that can infuse into
the icon divine presence. It is he who transforms a stone image into
a deity.
4.
More than learning, the priest is distinguished by his
devotion to Godhead and sense of commitment to his calling
5.
It is usual in Agama texts to distinguish between a properly
initiated priest (arcaka) and one who is hired for purposes of
worshipping a deity (devalaka). The former is a priest who has
received initiation and has been duly consecrated; he worships with
a sense of duty and does not look for material rewards for the
services to the deity that he performs. Nor does he take up any
other profession for his livelihood. The Devalaka on the other hand
is a hireling; and his only interest in worshiping the deity is the
money that he receives in return and his services in a temple as an
arcaka for three years would preclude him from all normal privileges
of a twice-born
113
6.
Among the qualifications for the priest, the family to which
he belongs is regarded as the most important.
7.
Allows such a ones son to be chosen, and if even he is not
available, then the grandson; in the absence of the grandson, then
some descendent in the direct line. If no descendent is at hand, the
brother-disciple, disciples disciple or the teacher ..
8.
Bhrigus prakirnadhikara describes a priest as the priest
who is filled with faith and devotion, and is indifferent to material
gains. He is convinced that in this world of misery, devotion to
Godhead is the only refuge. He regards all gods and all worlds as
visnu, who indeed is not outside him. He is full of compassion for
all beings, and worships God with no ulterior motive.
9.
If he takes up worship as a hireling, he becomes defiled
and degraded into a devalaka and would have to be purified before
he can enter the sanctum or touch the icon. It becomes, therefore,
necessary to make proper arrangements for the priest for regular
worship, even before the temple is built and consecrated. Giving of
monthly remuneration, or making periodical gifts to the priest is
frowned upon by the Agamas. Obligating the priest by such
temptations would only make him a devalaka. Worship in a temple
where permanent arrangement is not priority made for priest to live
in comfort is described as demoniacal (asuri sa bhavet puja) Ey
114
12.
Because the safety, security, wealth and welfare of the
country depends upon regular worship (six times, three or two times
a day) conducted in the temple, the ruler of the land or the people
must see that the worship is not interrupted due to the penury of the
priest. It is prescribed therefore that endowments of lands are made
upon the priest free of taxes so that his family may live in comfort
13.
For the temple which may be said to grow in the community,
the root is the priest and the top of the tree is the ruler (or the
administration). It is wise, therefore that the root is not harmed, lest
the top withers away. Alternatively the ruler (or the administrators)
may be likened to the fruit of the tree, while the priest is the flower;
when the flower is attacked, there is no way that the fruit can appear
or flourish.
14.
The responsibility of conducting worship not only without lapses
or interruption but in strict accordance with scriptual norms and old
usages, devolves on the priest. For, regular and proper worship it is
that makes for the welfare of the people; and any error in worship will
be counterproductive. Thus the priest will have to be extremely vigilant
and knowledgeable. If the worship becomes deficient or gets interrupted,
owing to any reason, the texts lay the blame squarely on the priest; and
urge the priest to discharge his duties diligently and resolutely, even
when in distress or stricken with disaster .
15.
Indeed, the expression Ut-sava (ceremonial worship on
special occasions, accompanied by processions etc) became a later
synonym of Yajna (Ut , best; Sava Sacrifice), and Utsava in temples
were eulogized as more beneficial than all the great sacrifices like
Asvamedha; one Utsava, in fact, is said to be tantamount to a
thousand Asvamedha sarifices.
16.
Pg 149 to 160 gives a detailed account of Dos and Donts
for devotees. It is extremely important for politicians and people in
power to read and understand this chapter.
17.
Even to make an endowment for a lamp in the temple of
Visnu will undoubtedly accomplish the benefits of a sacrifice :
18.
If one goes round a temple of Visnu every morning and
evening, and prostrate before the deity again and again, he would
obtain rewards of a sacrifice.
19.
The sense of total surrender does not invalidate the scriptual
prescriptions for daily and occasional rites and rituals; on the other
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umuYo
We now look at the illustration of some of the above points with special
reference to Pancharathra texts.
Pancharathra Agama is told by Lord Narayana himself. Sri Ramanuja
explains the philosophy behind Pancharathra Agama to dispel some
misconceptions. Please refer Appendix II for views of Sri Ramanuja on
the Pancharathra Agama.
Mixing or not following shastras during Aradhana or pooja will lead to
destruction of the society and the head of the state As per Agama
prescriptions only a Deekshita (a proceduraly initiated person) can
perform the Puja to the Lord in the sanctum sanctorum.
Yoga and Pancharathra Agama
Accounts of Yoga in Pancharathra texts pertain to the eightfold
yoga (astanga-yoga) of Patanjala type, and include details of
Meditation and Japa. The Agama Encyclopedia by Prof S.K
Ramachandra Rao Vol 4 Pg 51.
With the above background let us revisit the statement of the learned
Judges in Narayana judgement quoted again:
It thus follows that to one who is devoted to the pursuit of
knowledge, the observance of rituals is of no use since the
observance of rituals and the devotion of knowledge cannot coexist. There is considerable incompatibility between knowledge and
rituals in as much as their natures are entirely antithetical. It is only
he who regards himself as the agent of action that can perform
rituals; but the nature of knowledge is altogether different and it
dispels all such ideas. All the wrong ideas beginning with the
identification of Self with the physical body etc., are eradicated by
knowledge, while they are reinforced by action. Ignorance of Atman
is at the root of action, but the knowledge of Atman destroys both.
How is it possible for one to perform the prescribed rituals while
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117
118
119
120
the great wisdom of the Agama Rishis. This is the reason why they
chose to keep the key responsibilities of ensuring continuous rituals with
the hereditary functionaries rather than transferring the same to the Rulers.
This is what we can consider as real visionary law not the failed 30/87
Act.
The learned Judges makes the following assertion
Though performance of the ritual ceremonies is an integral part of
the religion, the person who performs it or associates himself with
performance of ritual ceremonies, is not (Para 120)
As indicated the Agamas are interested in proper performance of the
rituals at the same time they are also interested in making sure that these
are performed with utmost devotion. This, if made possible will enhance
the benefit of the rituals both to other devotees and the society in general.
This being the settled position of the Agamas, many guidelines are given
to the society with regarding to selection of Archakas and the duty of the
society vis-a-vis Archaka so that the society in general benefits from
the rituals. Many of the guidelines which were followed by the society
have been considered unessential part of religion by the Judgement. To
illustrate :1.
Qualified Archaka as far as possible should be chosen from the
Hereditary Archaka family. The Agamas recognized that the feeling of
devotion which comes from the bonding of the Archaka with the Idol is
extremely important and integral part; this when combined with the rituals
can provide great benefit to the society. This bonding is possible only
when the archaka is initiated into service of the deity from the childhood
and the fact that the deity was worshipped by his ancestors evokes the
feeling of reverence and devotion, hence the hereditary system for
selection of the Archaka was chosen.
The scale of devotion between a paid Archaka and a hereditary archaka
is different as if for some reason salary is not forthcoming or some other
temple pays more the paid Archaka will migrate (if required even to
foreign countries) whereas the ideal hereditary Archaka will continue to
perform worship to the deity irrespective of the income or lack of it.
2.
Agamas mandated that the Archaka is appointed for life and
hence there is no scope for his transfer to another temple. Again the
growth in the devotion of an Archaka is a gradual lifetime process towards
the same deity. A transfer would just cause a severe setback to this
process.
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3.
The deity in the temple is considered to be a living avataar. Every
movement of an Archaka from one temple to another temple on transfer
even within the same sect does not guarantee the following of customs,
usage and practice. Each deity is different and has own likes and dislikes
which the hereditary Archaka family learns over time and is passed on to
the next generation; These are not documented in an Agama manual as
they are specific to each temple. For example, Tirumala temple procedures
are recorded in documents by Sri Anantalwan, a disciple of Sri Ramanuja.
These are the prescribed sampradayas and have been recorded as affable
to the deity presiding the temple. These sampradayas have to be adhered
to without alteration. Similar is the situation for all temples. Some are
documented, and in some temples they are passed down from father to
son or to successors. Transferring such Hereditary Archakas who have
had deeksha would cause displeasure of both the Deities (temple from
where he is transferred to the temple where he is being transferred)
Vedas record that when a maharishi resorted to perform an yagnya which
he was not ordained to do, even though the yagnya was performed to his
satisfaction, the deity of the yagnya yielded him opposite benefit due to
flaw in intonation. It is exactly for these reasons, hereditary system is
prescribed in Agamas to ensure deities pleasure without which there is no
benefit to the society. In fact the result could be just the opposite for the
society as indicated by the above experience of the maharishi.
4.
The Archaka should not be considered as a paid servant of the
temple. If he becomes materialistic then he is not considered an Archaka
but a Devalaka. The rituals done by such an Archaka will not have much
benefit to the society. So, the society is mandated to make sure that they
take care of the needs of the Archaka so that he can continue the rituals
selflessly. The Agamas recommended non-monetary ways of keeping the
Archaka above wants like providing land etc.
5.
An Archaka takes care that he performs pooja with Bhakti in
such a way that Lord is pleased. It is this Bhakthi that transcends generations
and the whole family is devoted to the Lord. Archaka who is born in the
family of a Hereditary archaka considers serving his deity as his primary
duty and if he is not serving him it would lead to his non-salvation. The
30/87 Act and Judgement ensures that the Lord is displeased as a Bhaktha
ordained to his service is deprived of it. It also does not allow the religious
and devout archaka to discharge his religious duties, with effect that he
cannot follow the Lords dictate in Bhagavad Gita. (Chap 3 Sloka 8):
122
uo N N| n N| [z N|m: @
yu Y oz uztN|m: @@.Ty. 3-8@@
(Do the ordained duty till the end of the life. Dont ever be without doing
the ordained duty - for a Hereditary Archaka the ordained duty is
archakatvam)
Ramanuja Siddantha says :-
Leym||Twyootonyo:
means that all prescribed duties are important. People who pursue
knowledge has to perform his duties. Otherwise the knowledge is of no
use.
Lord Krishna in Bhagavad-Gita (Chap 18 Sloka 56) says
|N|lu t N|mz : @
onttzuo o t @@.Ty. 18-56@@
As mentioned by the Lord in above sloka of Bhagawat Gita
(18-56) always all ordained karmas should be done to attain Him.
The Judgement depriving the Hereditary Archaka the right to perform
his duty which will cause him to loose any chance of his salvation is violative
of Art 25 of the constitution.
The statements like the (Para 75) religion became identified with untested
beliefs and dogmas and got shattered in the progress of scientific inquiry
is not true as far as vedic Hindu religion is concerned. In fact while
science is study of mere matter Vedas focus on spiritual items and
Supreme spirit. They teach the mankind ways to attain salvation which
is purpose of life i.e. the Jeevatma (soul) finally reaching the abode of
Paramatma (supreme soul). Incidentally Vedas also taught Science to
the world. woN Brihahjatakam written by Varahamihira refers to lot
of vedic procedures to calculate planetary positions using elliptical orbits
and correction factors. Bhaskara wrote mathematical treatise. Vedic
maths is the best computing method. Computational methods,
environmental protection, science, astronomy etc. have been well depicted
in Vedas.
All the above points substantiate the fact that Archaka is an integral part
as the devotion that he shows towards the deity while performing the
rituals is an extremely integral part of the worship. This is very important
for the benefit of the society. Sec 34, Sec 37, Sec 39 and Sec 144 which
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were upheld by the Judgement under the mistaken premise that Archaka
is not an integral part of the worship goes squarely against the
recommendations of the Agamas and hence causes damage to the benefits
that accrue to the society from the rituals. These sections make the Archaka
into a paid servant i.e. a devalaka which goes against the recommendations
of the Agamas with the result the rituals will have minimal benefit to the
society. These sections will severely impact a Hereditary Archaka from
performing his ordained duty which will cause him not to get salvation
which impacts his right to perform his duty and right to salvation.
The Learned Judges of the Supreme Court unintentionally set in motion
events that lead to large scale closure of temples and irreparable damage
to the Hindu Religion as the hereditary archaka families stopped training
their children in the duty of archakatvam and it is almost an impossible
task now to regain the lost ground even with the Act having been amended.
A system which was working for thousands of years was disturbed mainly
because of the Essential Practices Doctrine
The Telangana Archaka Samakhya in its affidavit filed in WP 290 of 1998
dated 3.12.2008 had this to say THAT the deleterious effect of the
above judgment has been that the Archaka families who were
disillusioned and dis-enchanted by the above ruling started diverting
their children to secular education and secular avocations with the
result the continuity in the religious customs and service and other
matters relating to each temple belonging to each Sampradaya started
almost vanishing. The emerging situation seemed to totally wipe out
the traditional customs, service and Sampradayams of the temple
which can be preserved only by continuing the parampara. For low
income temples abolition of hereditary archakatvam sounds a death
knell. It is only a hereditary archaka who performs archakatvam at a
low income temple as a duty to the deity, society and his ancestors,
though he gets almost nil salary. Abolition of hereditary archakatvam
would mean that there is no person ready to perform the rituals in
such temples with the result rituals stop and the temples virtually close
down. This is the key learning from the implementation of the failed
AP 30/87 experiment in Temple reform. Since there is no guarantee
that high income temples will continue to earn high income for
hundreds of years out in future and low income temples form 99% of
the temples, it is only hereditary archakatvam which guarantees uninterrupted rituals in all temples irrespective of the income status.
This system strongly recommended by Agama Rishis has been time
tested to work for thousands of years through many calamities,
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the case (AIR 1990 Cal. 336). Justice Bhagabati Prasad Banerjee
wrote The performance of tandava dance cannot be said to be a
thing which is beyond the scope of Hindu religion. Hindu texts and
scriptures provide for such dance. If the Courts start enquiring and
deciding the rationality of a particular religious practice then there
might be confusion and the religious practice would become what
the courts wish the practice to be. This was a strong indictment of
the essential practices principle followed by the Supreme Court since
1960s.
It is quite clear that all the above points of criticism apply squarely to the
Narayana case and the Essential Practices Doctrine which was used by
the learned Judges to separate the un essential from the essential without
sufficient expertise and grounding in the various schools of Hindu
Philosophical thought. Further the definition of Religion that was articulated
in the Shirur Mutt case has been considerably diluted as noted by the
Ronojoy Sen in his article.
Quoting from texts such as the Vedas, Upanishads, and the Gita,
and using modern thinkers and writers such as Aurobindo,
Vivekananda, Radhakrishnan, Shankar Dayal Sharma, and even
Richard Dawkins, Ramaswamy attempted to construct a notion of
religion significantly different from Shirur Mutt.
Taking cue from Aurobindos distinction between true religion which
is spiritual, and regionism, which is narrow and focused on
ceremonies, Ramaswamy proposed:
The importance of rituals in religious life is relevant for evocation
of mystic and symbolic beginnings of the journey but on them the
truth of a religious experience cannot stand. The truth of a religious
experience is far more direct, perceptible and important to human
existence. It is the fullness of religious experience which must be
assured by temples, where the images of the Lord in resplendent glory
is housed It is essential that the value of law must be tested by its
certainty in reiterating the core of Religious Experience and if a law
seeks to separate the non essential from the essential so that the
essential can have a greater focus of attention in those who believe
in such an experience. The object of such a law cannot be described
as unlawful but possibly somewhat visionary
Ramaswamy drew a parallel between a higher and core religion
and the concept of dharma. According to Ramaswamy, it is dharma
rather than conventional religion that is protected by the constitution.
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APPENDIX II
PANCHARATRA AGAMA
Purpose of Life
Swamy Vedanta Desika who was revered Acharya in his times during
14th Century A.D. and was adored as Vedantacharya by all the three
philosophical followers of Hindu religion (Sankara, Ramanuja and
Madhwa) concludes in his Tatparya Chandrika, a commentary to Lord
Ramanuja s commentary on Bhagavad Gita as follows:
Nwmon oo u Y uo ont{Nn
sz| Y bN{uuu Nusoo | bNz @
Mns|nbz: NTpt z Mn:
zOewu juouQ zOozzu @@
The sloka summarises the purpose of life According to all philosophies
perpetuated in the Vedic Religion or Hinduism (Sankara, Madhwa and
Ramanuja) which is to attain salvation, i.e., to reach Paramatma, the
Almighty Lord Narayana. The means of reaching Paramatma is to practice Bhakthi or devotion to Paramatma Lord Narayana known as
Brahmopasana and to surrender to him. This has been well summarized
in the teachings of Lord Narayana himself to the mankind in his incarnation as Lord Krishna which is known as Bhagavad Gita. Bhagavadgita
has 18 chapters and in the last chapter the Lord says:
|| un[ zN m \ @
E n |zz zquu Y: @@.Ty. 18-65@@
Lord Ramanuja, who is a great Acharya of the Vishishtaadvaitha school
in his commentary to the above sloka clearly elaborates the meaning as
follows: While worshipping me following all tenets of Dharma in the
form of Karma Yoga, Gnana Yoga and Bhakthi Yoga with utmost love
towards me, give away your ownership on result, duties and doings and
surrender to me considering me as the only doer and person to be devoted
to. This is called renunciation of all Dharmas as per shastra. Once you
perform this surrender to me I will eliminate all your sins and liberate
your soul from this samsara. Dont worry!. This is doctrine of Surrender
to the Almighty Lord Narayana as brought to light by Lord Ramanuja
and is also known as Saranagathi or Prapatti. Lord Ramanuja describes
this state as a special state of Bhakthi Yoga. All souls, irrespective of the
bodies they adore have the right to perform surrender to the Lord. It is
said that SwamyDesika had performed surrender for a tree (Agasthya
leaf tree) considering its Bhagavathakainkaryam. Saint Embar performed
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132
133
ytz utto|z @
LN o GutquXZ~{ : Sri Prasnasamhitha 1-1-1
IswaraSamhitha (1-50,51) says :
ztzm Ztbz Y
no {N Y{ \PznzutN @
ut \ otMn N|mutu: @
o| u |zN uo{uu: @@
Based on the rules and manthras laid by vedas (mainly atharvanaveda)
and Lord Narayanas teachings, Sankarshana (Lord Narayanas
Balarama Incarnation) and others propagated the pancharathra samhitas
like Saathvatha, Poushkara, Jayakhya, Ahirbudhnya etc. and are meant
for the benefit (salvation) of entire living beings of the world.)
Pancharathra agamas are based on Vedas and teach human beings how
to express love to Lord, think about him and serve him which is an
integrated form of Karma, Gnyana and Bhakthi Yoga packaged to help
the living beings in liberation.
Saathvathasamhitha (2-5) says:
uzNt zut o @
utNzzo {q{Nqm @@
Pancharathra agama is like a big Upanishad which gives distinction
between good and bad. It contains good mantras which one can use to
worship Lord Narayana as prescribed to attain salvation.
In Hayagrivasamhitha it is stated :
ETP u uo zq{Nt @@
ruu uu zqt wm
Meaning -Aagams full of useful mantras will bestow Moksha (salvation)
to living beings) and in Poushkarasamhitha it is said <<ns Y zq
which basically means this pancharathrashastra is
for attaining moksha for living beings Ref : Pancharathraraksha of
Swamy Vedanthadesika P281-282 (Rakshgranthas from
Ubhayavedanthagranthamala). In Bhagavad gita Lord says :
u: Nyuo|o:>>
Ezsz|Du nN|z @
ts|u N|um N| uuu @@.Ty.12-10@@
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Lord Krishna states that due to sheer rigor if you are unable to follow all
the rigorous vedic ordinances and penances to reach me you can atleast
be involved in duties related to me such as helping in temple affairs as
per ordainment. This will help you in reaching salvation. Lord Ramanuja,
in his celebrated Gitabhashya describes these duties as follows:
EY|, t, t, Q, Enuzt
It is the fundamental duty of the State under Art 51A (a), 51A(f) and
51A(j) to protect the very purpose of life of the citizens i.e salvation and
the Agama means to achieve the same secured under LIBERTY of
thought, expression, belief, faith and worship of the Preamble and
protected through Fundamental Rights Art 21 read with Art 29(1), Art
25 and Art 26 of the Constitution.
The Authenticity of Agamas
The Agamas as mentioned above have been revered and accepted for
worship by all the three great Acharyas Sankaracharya, Ramanujacharya
and Madhvacharya and have recommended following them for all the
devotees seeking salvation. Lord Ramanuja and subsequently Vedanta
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Ft zut Yoztuo @
PzTNwooz uto @@1@@
Ft zut Ft uo @
J S\u\|bs|uWos @@2@@
uuom { Lotz @@
PzT: zt: o os @@3@@
uNzozNueu wsWueu z @@
WPzT: zt: o os @@5@@
Enmzou ou zou: @@
sDT s ue m: : @@6@@
(This is a mahaopanishad at the end of Sankhya yoga and is termed as
Pancharathra. This is good and bestower of all well beings. There is
nothing better than this. It is fully encircled by the four vedas and it is
authentic. The sankhya yoga is pancharathra and as vedas it is self
authentic and unquestionable as it is said by Lord Narayana. This
pancharatra agama cannot be tampered by materialistic or mundane
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o: l PancharathraShastra
o: l These exist along with the
ztzN zt uuuso @
ots|N zqt ounNo @@
EuzNz T|: ztzOo: @@yuo 2-6,38,31@@
(Pancharatrasastra is on top of Vedas following which one can worship
Lord Narayana and would attain Moksha)
Ez ztm zutoz u @
Tz|m oz oz uo : @@
ztz zm Mn rz o u\: @
z s: |q{u u\ @@m@@
(Even if veda mantras are not fully available, if one performs puja through
pancharathra prescriptions he can reach me.)
One of the tz r is temple worship. Even one is ordained to secure
wealth in Bhagawad Gita to perform yagnya and attain the ultimate
goal-salvation. Temple worship is in accordance with the ordainment in
vedas rz{um:
Hence, Temple worship is an integral part of Hindu religion and as any
other yagnya is a way to earn punya and attain the Lord. Temple worship
is done not only for the upliftment of the individuals but also for betterment
of the whole society and mankind. As per temple worship is concerned
Agamas are supreme .Several ways of worships have been prescribed
by Agamas.One cannot leave rituals in the entire life, be it for Advaits or
Vishishtadvaits or dvaits. Rituals form core and everyone who is ordained
to perform the rituals should perform these religiously. Else, the
prescriptions state that the offender would earn enormous sins and never
reach salvation.Every temple has a custom,usage and practice which is
protected by the hereditary Archakas as prescribed by Agama text .
These are the prescribed sampradayas and have been recorded as affable
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o: uNu z nu sy
ot|z u N os t @
z wuTumy sD{
Ouou tuo z Nt: @@
(Oh! Lords Daya, please create conditions for me in such a way that I
have the pleasure of all the time contemplating about Lord here itself as
I would be doing post salvation)
It is the fundamental duty of the State (Legislature,Executive and
Judiciary) under Art 51A (a), 51A(f) and 51A(j) to protect the very
purpose of life of the citizens i.e salvation and the Pancharatra Agama
belief system without seeking to alter the same in the name of reformation
as it is secured under LIBERTY of thought, expression, belief, faith
and worship of the Preamble and protected through Fundamental Rights
Art 21 read with Art 29(1), Art 25 and Art 26 of the Constitution.
Archakas, Temple staff, DevoteesTheir role and duties
Dharma in Hinduism is purely related to the pleasure of the Lord and
through Dharma the sins can be washed. Ramanuja describes Dharma
as z|mtuo - E |t Euuo|u @ Bhaskara defines
Dharma as unN|ut{oo meaning daily duties as prescribed by
Vedas and smruthis. This covers all dharmas and it is to be treated as
Tt by Hindus. It is incorrect to define Dharma as a secular act.
Every Archaka has to perform the prescribed dharma daily and also the
five yagnyas should be performed as ordained by vedas. All of these are
religious activity. Infact the life of Archaka is completely religious from
his birth to death. In fact since Temple is a Religious Institution and
people performing service in Temples obtain purpose of their lives as
ordained by the Religious scriptures e.g. Agamas, all duties pertaining to
Temples are Religious. It is incorrect to distinguish Temple activities as
having a secular Part and Religious. All parts are Religious and are as
per Agamic prescriptions as can be seen in the previous section. As
138
J utu\oz sz |N u @
uz YzunNuo \b~wz @@(z uo)
(Please do not do puja to deity without |N - practiced customs
and usage through generations, i.e. Without following the hereditary
customs, principles and methodologies).The |N or unique custom
and usage of particular temple is meant for the pleasure of the deities in
the temples. This also includes maintaining the generation or lineage of
Archakas who have been protecting the traditions of Pujas according to
likes and dislikes of the deity as though he was one of their family
Government Rules Hindu Temples
139
members. If this is not adhered to the Puja will not yield the desired
benefits as the deities in the temple will be unhappy and it will lead to
destruction of state and the King. According to Manu Dharmashastra it
is said that : \ b~Nwo meaning all the sins created by a state will
go to the King. This is valid in the case of Monarchy where there is one
king. In the case of democracy where by nature all people are the kings
of a country the sins of all people will be shared by them. This is a worst
state to be in as per management of sins are concerned. Every citizen in
Democracy should be alert to avert sins being committed by other fellow
citizens to avert the effect of that sin on him. If temples are not managed
according to customs and usage by the Archakas maintaining them
through generations and state does not create conditions for that the sin
of the state is borne by the citizens of the state.
Eligibility to perform temple rituals is prescribed as follows:
140
EY|NNzn: To Y|zo @
EY|Nz : EYz @@
o\zm N|um E|uo @@ y uo @@
EY|Nz : EYz @
z\zut z yuo: \zo @@ueuo@@
Meaning of all the above slokas are as follows- Only person born in the
Archaka family can most preferably perform puja to me in the temples.
This stands even if the Hereditary Archaka cannot perform all other
rigorous ritual duties or recite the vedas fully. It is enough to know the
Pancharatra agama puja vidhaana. If there is an Archaka family member,
who does not know to recite all veda mantras nor who is not following
rigorous shastric methodologies as per vedas, but has devotion towards
me and can perform Puja to me as per Agamas, he should be ordained
to do the Puja. I will be happy with this. The Hereditary Archakatvam
has been created by the Lord in recognition to the Bhakti (devotion) by
the Archaka families. For a member born in the Archaka family, the
devotion towards the deity is inculcated in him naturally. Performance
of Puja to the Lord by such Bhaktas (devotees) will ensure welfare of
the society as per Agamas.
Hereditary archakathvam is a duty which is bestowed upon an archaka
for emancipation of his soul. Not allowing him to perform this duty is
tantamount to not allowing right to life and right to take efforts to serve
the purpose of life as protected in the constitution of India.
While public interest requires to follow Agamas for ritual procedures it is
also in public interest to follow agama guidelines for positioning Archakas
in the temples. Agamas says that N tz: leads to significant calamities.
It means that the Archaka and his duties to the respective deities are
inseparable and cannot be intermixed without Agamic sanctions. Agamas
Government Rules Hindu Temples
141
Ntzzm tzzzo @
NtuYtu r: NnN @@
oo ozm{ z\ztn| @@
rzb~ No| No|uXZuo @@zuo-24-125@@
(Mixing or not following shastras during Aradhana or pooja will lead to
destruction of the society and the head of the state)
Karma, Jnana, Bhakthi and Prapatti are integrated Sadhanamargas
propagated by Ramanuja. Both rituals and rites are important. Without
Karma, Jnana is useless and does not lead to salvation. Considering
this aspect people believe that Karma is very important for salvation.
An Archaka takes care that he performs poojas with Bhakti in such a
way that Lord is pleased. It is this Bhakthi that transcends generations
and the whole family is devoted to the Lord. Archaka who is born in the
family of a Hereditary archaka considers serving his deity as his primary
duty and if he is not serving him he fears he would be lead to his nonsalvation.
The current Act and judgement ensures that the Lord is displeased as a
Bhaktha ordained to his service is deprived of it. It also does not allow
the religious and devout archaka to discharge his religious duties, with
effect that he cannot follow the Lords dictat in Bhagavad Gita.
uo N Nn N|[zN|um @
yu Y oz uztN|m: @@ .Ty. 3-8..
(Do the ordained duty till the end of the life. Dont ever be without doing
the ordained duty for a Hereditary Archaka the ordained duty is
archakatvam) Hereditary Archakatvam is a
<<uo N|>> niyatham karma ordained duty by the Agamas or the Lord.
The state cannot prevent people from working towards their salvation.
Archakatvam is practiced in all castes as per prescriptions of various
agamas and their sub-ordinate texts. It is all about protecting Hindu
religious practices, customs and usages -|N which are prescribed
Government Rules Hindu Temples
142
as necessary for every temple. Hence it does not come under the purview
of discrimination
Sriprasnasamhitha in its 16thadhyaya describing initiation process of
archaka called deekshavidhi says :
tyuqo Nz \o: u @
tyq Go: o: YNuN: @@
zTym r zquYoN: @
: uTo uoeo Y uN @@
Ez o No Oz z zT @
oz wzy Y u YuoN: @@
{uuto{ Nyuo| uu\ozu: @
z tq: uYqm: @@
u|ty| cY|: GXoz @@
Which means in the normal course barring exceptions, person performing
puja has to be born in the hereditary clan of deekshitas (archakas) and
he should be having control of his senses, following proper daily routines
and training to perform puja to perform all Puja.
As seen above Training is always needed for the Archakas and is termed
as diksha. Every temple is an institution and all practices of each temple
cannot be taught in Agama institutes because the practices are known
only to the ordained Hereditary Archakas. Training in general Agamas
for the Archakas may be performed by the institutes but Archakatvam
in the existing temples has to be performed as per the Agamic Ordinances,
i.e., only by Hereditary archaka barring exceptional situations. Even under
those exceptional circumstances the main ownership of performing
Archakatvam lies with the Hereditary Archakas. He can have an
intermediary on whom he has confidence to perform puja under extraordinary circumstances.
It is highly intriguing and moving to look at the origin of Hereditary
Archakatvam. For every Hereditary Archaka,It is in a way a fulfillment
Government Rules Hindu Temples
143
of promise given by his forefathers to protect the deity when they received
lands as charity for the same from the founder. In Sri
Purushottamasamhitha, 12 chapter, a clear religious procedure is made
for selection and appointment of the archaka and process of donation of
land to him for taking good care of the deity and his family till the existence
of the earth, moon, stars and universe.
<<EYN| EuuXZ\s| u: @
qzmy \zzo tz uuP Y @@
EY|N Nb \ys| Nzo @@
<<oozDY|N No| tz u{ @
Nwoubz n ursYzo @
tzs| Y nnNb wz @
t F u Twmzuo oo: @@
u oz uuQn t @
EY|M Nz to ulztN @@
ut Y|N Nwn qzm tzo @
tz t G uYqoz @@
EY|N z Xoz @
tz Ny|o woN NtY @
tz u o woN ttuo Yzo @
o q uo oy uo @@
Meaning After identifying a qualified Archaka for the purpose of pooja,
the founder of the temple should create mechanism for sustenance of the
deitys puja and care for archakas family. For this purpose the founder of
the temple should donate land full of greenery and water. Then invite the
archaka in front of the Lord and with folded hands should testify the charity
stating that it is for the purpose of devathaaradhanam till the existence of
this universe (earth, moon, sun and stars) and your familys sustenance.
This testification should be further consummated in the form of order of
charity called Daanasaasanam. The Daanasaasanam should be created
in a stone or copper plate and handed over to the archaka in front of the
deity. If the land is written in the name of the deity it is the highest, next
highest is in the name of archaka and the last is keeping in the name of the
donor.
144
145
146
147
It is the fundamental duty of the State under Art 51A (a), 51A(f) and
51A(j) to protect the very purpose of life of the citizens i.e salvation and
the Agama means to achieve the same secured under LIBERTY of
thought, expression, belief and worship of the Preamble and protected
through Fundamental Rights Art 21 read with Art 29(1), Art 25 and Art
26 of the Constitution. In all it is incumbent on the State to ensure
sustenance of Temple system to enable devotees in the citizenship to
pursue their purpose of life which is salvation. The Temple is a religious
institution and all services of the temple be it Archaka, be it sweeper or
be it Endowments Minister the highest, all are servants of the temples
are Religious posts as they fulfill purpose of life and get the benefits as
prescribed in the Religion. Traditions, customs and usage must be
maintained as per Agama prescriptions which become supreme in Temple
matters. As prescribed by Agamas, The Lineage of Archakas must be
protected and state should create conditions for the same. The state
should encourage Hereditary Archakas as prescribed by Agamas to
continue their duties and allow them to pursue their purpose of life. This is
essential to protect customs and usage of temples failing which calamities
would occur. Hereditary Archkatvam is an upkeep of family promise to
protect the deity for generations to come and this is as per Agamas. It is in
lieu of the lands received in donation by the Archakas forefathers at the
time of consecration of the Deity for the upkeep of the deity and their
livelihood. It is the duty of the founder to only give lands and hence alienating
Archakas and temples from lands is against Agamas and should never be
done. All schemes should continue to protect the lands given in charity to
the deity and Archakas. It is to fulfill the purpose of life, the devotees are
giving dakshina or charity directly to Archaka. This should not be stopped.
State should create conditions for proper upkeep of temple systems as
per Agamic prescriptions. In Democracy not adhering to these principles
will mean that all people will share the burden of sins committed which
should be avoided.
148
APPENDIX III
The IA filed in Writ Petition 290 of 1998 in State of Andhra Pradesh
vs Telangana Archaka Samakhya. Also attached is the final Order
of the Supreme Court in this Case.
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
IA NO
OF 2013
IN
149
150
151
submissions in which it was pointed out that the operation of the impugned
Act would result in deprival of the livelihood of the Archakas and the
abolition of their hereditary rights and introduction of graded scales of
pay were so burdensome that they would inevitably result in manifest
violation of the fundamental rights under Articles 14, 25, 26 and 27 of the
Constitution need to be addressed as part of this Writ Petition.
8.
THAT it is now over 5 years since the Act has been amended
through Act 33 of 2007 and the emoluments scheme for improving the
livelihood of the Archaka families as contemplated by the amendments
based on the directions of this Honble Court is yet to be implemented
and situation continues to be alarming. This fact has been substantiated
by the Andhra Pradesh Dharmika Parishad Sub-Committee on Service
Issues of Temples Employees a committee constituted vide
G.O.Ms.No.1303 Revenue (Endowments-I) Department dated 20-102010 and G.O.Ms.No. 1395 dated 24-11-2010 in its visionary report dated
5.1.2011. The report is also attached as Exhibit-A.
9.
THAT the Andhra Pradesh Dharmika Parishad SubCommittee on Service Issues of Temple Employees in its visionary report
dated 5.1.2011 has for the first time defined the term Public Interest in
terms of Agama Dharma which should guide the functioning of the
Endowments Department.
What exactly is Public Interest Here? The Agamas have defined this
very clearly. The following are extracts from the book The Agama
Encyclopedia by Prof S.K Ramachandra Rao Vol 3
Because the safety, security, wealth and welfare of the country depends
upon regular worship ( six times, three or two times a day) conducted in
the temple, the ruler of the land or the people must see that the worship
is not interrupted due to the penury of the priest. It is prescribed therefore
that endowments of lands are made upon the priest free of taxes so that
his family may live in comfort. (Pg 41-42)
It is pertinent to note here that the Dharmika Parishad as a body
itself was created by the recommendation of the Select Committee by
providing representation to all devotees and stakeholders from various
walks of life such as Peetadhipathis, Judges, Agama Pandits, Archakas,
Trustees of temples, retired eminent bureaucrats with experience, eminent
donors etc. so that the Dharmika Parishad can ensure that the
Endowments Department functions as per Agama Dharma and in Public
Interest. This Honble Court in its judgement in Civil Appeal 6639 of
2003 dated 13th Oct 2011 in Trambakeshwar Devasthan Trust & Ors ..
Government Rules Hindu Temples
152
vs President Purohit Sangh & Ors has held that Public Interest is
paramount in the functioning of Religious Trusts. The Dharmika Parishad
Sub-Committee in Sec 2.2.3 of its visionary report dated 5.1.2011 has
documented the reasons for impoverishment of Archakas (penury state
of priest as per Agamas) due to the fact that the Endowments Department
did not implement the orders of this Honble Court.
Though the Supreme Court had recommended exemption of 90% of
temples from the purview of the Act and had also ordered that hereditary
trustees should not be disturbed unless foul in management is proved ,
the department instead went ahead and implemented the provisions of
the Act in thousands of such temples by appointing an EO or a Manager
and other secular staff. It also mechanically disturbed the Hereditary
Trustee even if the Temples were properly administered by appointing
trustboards and EO/PIMs. It also extended G.O.Ms No 858 Revenue
(Endowments Dt. 8-10-1997) Rationalization of Pay Scales of Archakas
of the Temples other than Tirumala Tirupathi Devasthanams..
While the pay scales for all secular employees was religiously
implemented and periodically revised the Pay scales and revisions was
not implemented in the case of many Archakas and other Religious staff
as there was no money to pay their salaries after paying the salaries of
the secular employees and be within the 30% statutory limit. The fact
that many Archaka families became impoverished and temples virtually
closed down is clear from the following excerpt from the Statement of
Objects and Reasons of Act 33 of 2007.. Pg(18)
The indiscriminate taking over of temples and increase in the secular
staff in violation of the Orders of the Supreme Court has meant that it is
now impossible to implement PRC 2010 scales for the Religious
Employees due to the 30% establishment limit in majority of the temples.
Also the lands given to Archakas in lieu of service were disturbed in
many temples with the promise of payscales. The other impact was that
the Endowments Department itself increased the expenditure as it now
had to deal with lot more temples under its control which meant more
Assistant Commissioners, Deputy Commissioners, and Executive
Officers etc Pg(19)
The Committee noting that the provisions of the amended Act to
better the emoluments of the Archakas which is based on the direction
of this Honble Court is not being implemented by the Department further
made the following important recommendation to ensure that the
Department functions as per Agama Dharma and in Public Interest.
Government Rules Hindu Temples
153
154
155
156
157
158
and in Public Interest. This Honble Court needs to set a short time limit
for implementation of all the recommendations of the Dharmika Parishad
Sub-committee on Service Issues of Temple Employees dated 5.1.2011
so that the contribution collected under Sec 65 towards EAF is not
considered a tax by this Court and is considered a fee as currently the
service rendered is actually not being utilized as per Agama Dharma and
in Public Interest and while the officials of the department including
executive officers are getting good salaries the Archakas and other
Employees whose welfare is crucial to sustaining the Temple Worship
Culture continue to be in an impoverished condition.
18.
THAT the Dharmika Parishad sub-committee on Service
Issues of Temple employees has brought in to focus through its report
dated 5.1.2011 that the Archakas are in an impoverished condition due to
the fact that the Endowments Department did not function as per Agama
Dharma and in Public Interest. It is therefore required that this Honble
Court following principles of Dharma should immediately order for
constitution of a committee to arrive at a compensation figure for the
irreparable damage done to the Agama culture of temple system of
worship. This Honble Court should order that the ratio followed in the
judgement in Balasubramania Sastri vs Ponnusami Iyer of Madras
High Court 45 Ind Cas 721 dated 29 April 1919 be followed in arriving
at the damages due to the impoverished Archaka families due to nonimplementation of the orders of this Honble Court and also the wisdom
of the legislature which lead to impoverishment of the Archakas as they
were deprived of the voluntary donations from devotees as their income
augmentation. The Petitioner in his memorandum submitted to Justice
Sri Krishna Committee titled Temple System at Cross Roads which is
enclosed as Exhibit C has brought to the focus the injustice done to the
Archaka Community and the Culture, tradition and heritage of Temple
System of Worship in the State of Andhra Pradesh from 1987 onwards
and gave the following recommendation on the quantum of compensation
(2)We request the Honble Committee to recommend the quantum of
compensation to be given to the impoverished archaka families due to
the non-implementation of the directions of the Honble Supreme Court.
In this connection we submit that since the Amendment Act 33 of 2007
has been enacted on the basis of the directions of the Honble Supreme
Court amendments to Sec 34 , Sec 144 and Sec 17 be treated as
retrospective so that the recommendations are legally binding and the
archaka families get suitable compensation. This will allow the Andhra
Pradesh Society to do prayaschittam for the sins committed against the
Government Rules Hindu Temples
159
160
PRAYER
It is therefore most respectfully prayed that this Honble Court be pleased
to:
(a)
TAKE into consideration all the facts and events described above
in deciding the above Writ Petition; and
(b)
PASS such orders as are deemed just fair and proper in the
circumstances of the case
Supreme Court Order dated 11th Dec 2013 in WP 290 of 1998
Mr. Subodh Markandeya, learned senior counsel for the petitioner
seeks withdrawal of the writ petition in view of the events that have
Government Rules Hindu Temples
161
162
APPENDIX IV
Written Submission by Telangana Archaka Samakhya
referred to in A.S Narayana Deekshitulu v State of Andhra
Pradesh (AIR 1996 SC 1765)
In Andhra Pradesh there are as many as 32,201 temples out of
which 7761 temples are assessible institutions; the remaining 24,440
temples have income of less than Rs. 1,000/- per annum, only 582
out of them have income of more than Rs.10,000/- per annum. Only
around 8 temples have income of more than Rs.20,00,000/- per
annum. All the archakas or employees in these categories of 24,440
small temples would be deprived of their livelihood by abolition of
their hereditary rights and introduction of graded scales of pay.
This information has been furnished in the written arguments
submitted by Shri Markandeya but we did not have the occasion to
have them verified during the course of hearing. It would be seen
that the principles in fixing the scales of pay and method of payment
of salary introduced by the rules are required to be adjudged. In
the absence of any material it is difficult for us to give any finding
in that behalf. Suffice to stated that liberty is given to place those
necessary and material evidence before the Government which would
constitute a Committee consisting of Deputy Secretary, Finance
Department. Joint Secretary to the Government, Revenue
(Endowment Department) and Joint Commissioner, Endowment
Department. The Committee would go into the question to rationalize
the pay-scales of all the archakas in different temples and the
modality for payment of salary to them. After approval of the rules
by the State Government, the respondents should place the same
before the Court for further approval. (Para 134)
OF 1987
163
Versus
State of A.P. & Others
Respondents
3.
164
5.
The justification for this unusual procedure given by the then Govt.
headed by Sri N.T. Rama Rao was that the Bill itself was the
outcome of deliberation of a commission headed by Justice Challa
Kondaiah. A writ petition challenging the constitution of the Challa
Kondaiah Commission is being considered in this Honble court
with this batch of writ petition which elaborates the arbitrary manner
in which the said commission functioned. In particular the removal
of His Holiness Jagat Guru Shri Trivikrama Ramananda Barathi
Swamy was most unfortunate and arbitrary. Two more members
were dropped in similar circumstances. The commission submitted
its report in three volumes. The Challa Kondaiah Commission
report was discussed at a symposium organized in the Department
of Public Administration, Osmania University on 14.12.1986 at
which eminent Professors and Scholars deliberated and the
165
Sulse Sulsan
(ii)
(iii)
(iv)
(v)
166
and combined into one and the petitioners are also administering
such institutions. Some of the institutions have the combination of
Rajasthani and Gujarathi systems of worship apart from following
the tenets of Agamas.
8.
9.
10.
11.
167
12.
13
14.
168
In view of this decision of the Division Bench of A.P. High Court, Sec
144 of the impugned act has to go.
II.
15.
16.
17.
The result of such hasty action is that there are inner contradictions
and confusion arising out of this legislation. It may be seen that
the counter itself for example (1) Through the impugned Act,
through section 35 and section 144, the concept of share in Nitya
Naivedyam to the Archaka has been abolished. Whereas in page
22 of the counter affidavit relating to para (22) of the affidavit of
the petitioners, the Govt. has stated that apart from the monthly
emoluments, the Archakas will also be given shares if any in the
Nitya Naivedyam. Again in page 31 of the counter, relating to
para 67 of the affidavit, reiterating the said point, the Govt. says
whatever share that the Archaka is entitled to receive according
to the usage of the temples he shall continue to receive even after
169
Under section 35(3) of the Act XXX of 1987, the state envisages
the framing of rules regarding the remuneration payable to the
Archakas. The relevant rules were framed under section 35(3)
vide G.O.Ms. No.1171 dt. 16.11.87. As per the rules, the Archakas
have been divided into nine categories. Their remuneration has
been fixed depending upon the respective income of the institutions
and also the qualifications possessed of by them. The remuneration
payable to the different grades of Archakas have been specified
in schedule I of the said rules. This schedule has created a lot of
complications. The complications are due to this Act which has
been enacted without foresightedness. The Archakas made a
representation, and on that beside a committee was appointed to
go into the issues. A copy of the report of the committee (enclosed
as Annexure I) shows how complicated it will be if a legislation is
enacted to administer religious institutions. The 1966 legislation
gives scope for framing schemes by taking the position of individual
institutions into account (under sec. 37(2) of the repealed Act of
17/66) Under the impugned act the power to frame schemes has
been taken away. The Archaka will be paid a meager salary.
Even the committee recommends that the archaka who serves
an institution which has income below Rs.25,000 will get 5% of
such income as his income per Annum. It works out to Rs.1250
p.a. which means Rs.104/- p.m. The recommendations of the
committee shows that the concept of the Scheme which was in
vogue under the 1966 Act is being revived even though 1987 Act
has repealed that concept.
19.
170
171
26. The counter affidavit concedes that there has been such
an invasion. It must therefore follow that Section 36 of the
Impunged act has to be struck down by this Honble court.
21.
22.
It is, thus, clear that as and when the various provisions of the Act
are coming for the consideration of the courts, the same are being
found by the courts to be unconstitutional. This buttresses the
contention of the petitioner that the impugned Act as a whole is
entirely misconceived and is also wholly unconstitutional. The
skeleton and the residual portions of the act which is left out is
wholly unworkable and consequently, the same must be struck
down because it is impossible to severe the constitutionally infirm
parts from the valid ones.
24.
172
being broken and prasadams being given, did not make the Mandir
a Hindu temple.
The court further held that the Act does not apply to the temple
of Shirdi Sai Baba as the same is not an exclusive Hindu institution
or endowment (W.A.No.1179 of 1990 dt. 16.12.1990 (1)
A.P.L.J. dt. 13.3.1991) This decision of the Andhra Pradesh High
court which is based on a similar decision of the Madras High
Court raises a fundamental issue viz., in the light of the concept of
a secular state, any interference of state through legislation or
otherwise in the matter of Hindu religious institutions alone without
there being such corresponding legislation for Muslims, Christians
and other semi-Hindu institutions like Sai Baba temples, etc., is
violative of the fundamental rights of the Hindus under Article 14,
15(1), Articles 25 and 26 of the constitution.
25.
(i)
173
IV.
26.
V.
27.
174
175
176
ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) No.290 Of 1998
IN THE MATTER OF:
Telangana Archaka Samahkya (Regd)
Versus
State of A.P. and others
Petitioner
Respondents
AFFIDAVIT
I, Prof. M.V.Soundara Rajan, Honorary President, Telangana
Archaka Samahkya (Regd), 2-2-647/77/D, Srinivasa Nagar Colony,
Bagh Amberpet, Hyderabad 500 013, do hereby solemnly affirm and
state as under: 1.
2.
THAT I submit that I filed this Writ Petition in the year 1998. I
have also filed an additional affidavit on 28th February 2005
narrating the developments that took place up to that date.
Subsequently some more developments have taken place which
need to be brought to the notice of this Honble Court for disposing
of this Writ Petition.
3.
THAT, in the past the petitioner organization had filed Writ petitions
in the Honble Andhra Pradesh High Court at Hyderabad,
challenging the constitutional validity of the Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Act
No 30 of 1987 and upon the said Writ petitions being transferred
to the file of this Honble Court was heard and disposed of by the
judgment of this Honble court in A.S. Narayana Deekshitulu vs
State of Andhra Pradesh [1996] 6 SCC 548. In the said petition,
on behalf of the petitioners organization, written submissions were
filed in which it was pointed out that the operation of the impugned
Act would result in deprival of the livelihood of the Archakas of
24,440 temples and the abolition of their hereditary rights and
177
5.
THAT the Pay Scales committee recommended the following :The Committee has gone into these aspects in
the light of the directions issued and has
recommended that the temples whose annual
income is less than Rs 5 Lakhs may be allowed to
be managed by the respective management of the
temples etc but be supervised by the department
as is now been done so that the Managements of
such temples may be allowed to pay such
remuneration to the Archaka. In lieu of salary
the Properties given to them may be retained with
Archakas for enjoyment subject to rendering
service depending upon the income of the temple
as per the prevailing circumstances.
This recommendation was because the Committee came to a
conclusion that for 33,269 temples out 33,475 temples i.e over
99% of temples whose income was below Rs 5 Lakhs, the Govt
was not in a position to implement pay scales for Archakas.
6.
THAT the report of the Pay Scales committee and along with
the recommendations of the Govt were placed before this Honble
Court. The Govt made the following submission in its affidavit to
this Honble Court.
178
179
THAT it is seen from the above paragraph that the Honble court
reviewed its earlier judgment of 1996 and modified the same while
accepting the recommendations of the Pay-Scales Committee that
for over 99% temples the AP Act No. 30/87 is un-implementable
as upheld by the Court in the 1996 Judgment. The Supreme Court
directed all the temples whose annual income is below Rs. 5 Lakhs
be exempted from the purview of Section 144 of the Act. It also
said that the temples may be allowed to be managed by the
respective management of the temples. This judgment has so far
not been implemented.
180
9.
THAT the AP Government from year 1998 to 2004 did not take
any steps to implement the 1997 judgment of the Supreme Court,
with the result that many small temples virtually closed down and
many Archaka families suffered immensely and some even
committed the ultimate act of suicide. In the Statement of Objects
and Reasons to the Amendment Act No 33 of 2007 to the AP Act
30 of 1987, it has inter-alia been stated as under :Statement of Objects and Reasons (Act No 33 of
2007)
Over the last two decades, there has been
substantial increase in pilgrim flow in certain temples
while many of the old village temples have been
languishing without any traditional rituals being
performed.
There
have
been
numerous
representations from the Archakas that a strict
adherence to the provisions of the Act have created
difficult conditions for Archakas to continue in the
profession. On the one hand, the Act had abolished
the Hereditary rights and simultaneously abolished
share in Hundies and other offerings given by the
devotees to the temple. The assumption that Archakas
would be able to get salaries and lead a decent life
has not been borne out by experience over the last
two decades. As a result, neither the Government is
in a position to pay salaries nor has it been able to
allow the Archakas to manage temples and have share
in Hundi, plate or any other runsum in Archana or
Seva ticket or any offering made by devotees. They
were also not able to continue enjoyment of the lands
allotted or allowed to be in their possession. As a
result, many traditional Archaka families have
become impoverished and the temples have virtually
shut down. In addition, there have been complaints
that traditional temple rituals are not being performed
strictly as per the particular sastra governing the
temple and the sanctity of the religious rituals as per
the custom and usage is not being preserved
181
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