Regulation of Indian Temples

The Supreme Court is currently hearing petitions regarding the alleged adulteration of ghee in the laddu prasadam of Lord Venkateswara, prompting Hindu organizations to renew their calls for the liberation of temples from government control.

How religious places are managed in India?

• While Muslim and Christian places of worship are managed by community-run boards or trusts, Hindu temples, alongside Sikh, Jain, and Buddhist sites, often fall under significant government control.
  • Hindu temples form the majority of the around 30 lakh places of worship in India (2011 census).
• In several Indian states, such as Tamil Nadu and Andhra Pradesh, temples are managed by government departments like the Hindu Religious and Charitable Endowments (HR&CE), which oversee their administration, income, and expenditures.
• Several states — including Tamil Nadu, Karnataka, Andhra Pradesh, Telangana, Kerala, Maharashtra, Odisha, Himachal Pradesh, Bihar, Madhya Pradesh, and Rajasthan— have enacted laws that give the government the power to administer temples, their incomes and expenditures.
• The erstwhile state of Jammuand Kashmir enacted The Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988, to manage, specifically, the Vaishno Devi Mata Shrine in Katra, Jammu.

How states derive their authority to regulate temples?

• The Indian Constitution which came into force on January 26, 1950, guarantees fundamental religious rights to its citizens under Articles 25 and 26.
  • Article 25 gives every individual the right to profess, practice or propagate his or her religion.
  • Article 26 is the fundamental right available to ‘every religious denomination’ to
    • maintain and establish religious institutions
    • decide religious matters without any external interference
    • own and acquire properties and administer such properties in a lawful manner
  • States derive their authority to regulate temples from Article 25(2) of the Constitution, allowing laws that govern economic activities associated with religious practices and promote social welfare.
  • Religious endowments and institutions are in List III (Concurrent List) of the Seventh Schedule, which means both the Centre and states can legislate on the subject.
  • However, almost every State Government in independent India has enforced special code or laws or Acts by which Hindu religious institutions viz. temples, mutts and charities (endowments) are controlled, if not fully administered, by the respective State Governments – leaving the Hindus and their communities, sects, etc to have no say in these matters.

Historical Context of Government Control

• The origins of temple control can be traced back to the Mauryan period, but significant government involvement began during the 19th century under British colonial rule. Key acts during this period include
  • Religious Endowments Act (1863): It allowed the British to interfere in temple administration
  • Charitable and Religious Trusts Act (1920): It established a framework for oversight of religious institutions.
• Following Independence, various states enacted specific laws to regulate temples.
  • The Madras Hindu Religious and Charitable Endowments Act (1951) was one of the first, creating a system for government supervision over temple finances and management.
  • Other notable acts include the Karnataka Hindu Religious Institutions and Charitable Endowments Act (1997) and the Telangana Charitable and Hindu Religious Institutions and Endowments Act (1987), which similarly established frameworks for oversight.