Key Points

The bill was passed amid protests by the BJP. The bill seeks to utilise higher portions of revenue generated from rich Hindu temples across the state for a common pool of funds.

The Governor has stated in the order: "When the Legal Department of the state government has taken legal view, it is beyond my preview to examine such a point, whereas, the matter is before the Supreme Court for adjudication of the legal scrutiny under Article 14 and 26 of the Constitution of India, it is but natural to await the final judgement of the Supreme Court and until such time, it would be inappropriate for the Governor to give assent to the Bill.

“Hence, I am further constrained to reserve the matter to the kind consideration of Her Excellency President of India,” the Governor stated.

He further stated: “In this situation, I am of the opinion that instead of giving assent to the proposed Bill, I would deem fit to reserve this Bill for the kind consideration of the President to avoid more constitutional complications, since it involves Constitutional restrictions as well as legal scrutiny.”

“In the light of the above, I hereby exercise the powers under Articles 200, 201, of the Constitution of India, reserve the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Bill, 2024 for the consideration and assent of the President of India,” the Governor stated.

Talking about the bill, the Governor said: "The said Bill has been passed by both the Houses of State Legislature in 3rd session of 16th Assembly and submitted for my assent on March 6, 2024. Some clarifications have been sought from the State Government regarding the proposed amendment.

“The state government submitted the proposed amendment Bill along with clarifications for my assent on May 16,” the Governor stated.

The Bill seeks to amend various sections of the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Bill, 2024. The Governor has received this bill from the government of Karnataka for assent under Article 200 of the Constitution of India.

The Governor noted that he has gone through the proposed amendment and clarifications.

“I have my reservations about the clarifications and the proposed amendments,” he said.

The state government has submitted that the Hindu Religious Institutions and Charitable Endowment Act, 1997 was challenged in writ petition and was dismissed, again, writ appeal was filed before Division Bench.

The Division Bench of High Court on September 8, 2006 held that the enactment is violative of Article 14, 25 and 26 of the Constitution of India, the Governor underlined.

“As, I observed, the High Court has discussed in detail about the section 17 of the said Act, i.e. Creation of Common Pool Fund and opined that the "gross annual income for the purpose of the percentage appear to be an arbitrary one," the Governor stated.

The state government has also proposed for insertion of new section 69E to make provisions for creation of District Level and State Level High Power Committees, whereas, High Court has already opined negatively about the advisory committees in its judgement, he said.

“As Constitutional Head of the State, I am of the opinion that, even though the Supreme Court has stayed the Division Bench Order and the issue is pending for adjudication on merits before the Supreme Court, it is not proper and viable to approve the proposed amendments, since the entire act has already been stuck down by the High Court, and unless the same has been brought to a logical end by the Supreme Court on the aspect of legal scrutiny under Article 14 and 26 of the Constitution of India,” the Governor stated.

- IANS