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Bengaluru: Karnataka Governor Thaawarchand Gehlot has reserved for Presidential assent the contentious Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Bill, 2024, which seeks to divert a portion of income from wealthy temples to support financially weaker temples across the state.

The Bill, passed by the state legislature in March 2023, proposes the creation of a common pool fund, which would be sourced from a fixed share of revenues of high-income Hindu temples. Specifically, it mandates that 10% of the gross annual income of temples earning over Rs 1 crore, and 5% from temples with incomes between Rs 10 lakh and Rs 1 crore, be channelled into this common fund. The fund will be administered by the Rajya Dharmika Parishat.

Governor Gehlot had earlier returned the Bill to the government, seeking clarifications on legal and constitutional aspects. In its response, the state government cited an ongoing legal challenge in the Supreme Court concerning the parent Act — the Hindu Religious Institutions and Charitable Endowments Act, 1997. The High Court had struck down the Act in 2006, ruling it violative of Articles 14, 25, and 26 of the Constitution. However, the Supreme Court stayed that judgment in 2007, allowing the Act to remain in force.

The government argued that the constitutional validity of the Act is sub judice and hence cannot be re-examined by any other authority, including the Governor. However, Gehlot disagreed with this reasoning. In his communication to the state’s parliamentary affairs department, he said the clarifications were not convincing and that approving amendments to an Act under a legal cloud could lead to further constitutional complications.

In view of the pending case before the Supreme Court and concerns under Articles 14 and 26, “it is not proper or viable to approve the proposed amendments,” the Governor stated.

Citing the sensitive constitutional nature of the matter, Gehlot has now reserved the Bill for consideration and assent by President Droupadi Murmu.