On Monday, 29th July, the Supreme Court of India granted veto powers to former apex court Judge, Justice BN Srikrishna, to take administrative decisions of the Gokarna Mahabaleshwar Temple. The decision by the apex court came in response to the report submitted by Justice Srikrishna stating that he was facing difficulties in managing the temple affairs amidst non-cooperation from committee members. The order was passed by a three-judge bench comprising of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra.
The court acknowledged former Judge Srikrishna’s concerns who reported that there was a potential contempt of court orders if the current state of affairs persisted. The apex court also emphasised the importance of strictly maintaining ancient traditions and forms of worship in the temple that date back centuries.
The court said, “The suggestions of Justice Srikrishna should be accepted”. Consequently, the court also issued several directives to ensure the smooth functioning of the temple administration. The court said that the District Judge of Karwar is to be inducted into the committee with an Additional District Judge (ADJ) as an alternate if there is a need. The ADJ, however, will not handle the matters related to the temple.
The court asserted that the decision-making authority regarding the temple administration will be constituted by the District Judge in case Justice Srikrishna is not available. However, consulting Justice Srikrishna before making any decision is essential, the court said. The chairperson of the committee will frame the procedural rules.
The apex court granted Justice Srikrishna, the appointed chairperson of the committee, the veto power of a casting vote while other members will serve only in an advisory capacity without any such power.
CJI: 3. Chairperson shall have the casting vote and all members apart from Chairman and vice chairman shall have advisory role and no veto over the chairman and vice chairman decisions.
— Bar and Bench (@barandbench) July 29, 2024
4. State govt can re nominate 4 private members of the committee who shall be the…
The Supreme Court granted permission to the State Government to re-nominate four private members (Upadivantas) to the committee.
CJI: 3. Chairperson shall have the casting vote and all members apart from Chairman and vice chairman shall have advisory role and no veto over the chairman and vice chairman decisions.
— Bar and Bench (@barandbench) July 29, 2024
4. State govt can re nominate 4 private members of the committee who shall be the…
Senior Advocate Devadatt Kamat representing Math objected to the veto power granted to Justice Srikrishna stating that the judge had not personally visited the temple since 2021. The apex court, however, expressed confidence in Justice Srikrishna’s impartiality and reiterated the necessity for all committee members to function in an advisory role.
Sr Adv Devadatt Kamat: This is just a one sided story.. Justice Srikrishna has not even visited the ground since 2021.
— Bar and Bench (@barandbench) July 29, 2024
CJI: There is no reason for us to disbelief as former judge of this court.
CJI: We will say all members to act in advisory capacity. Rules of procedure to be…
Background of the Gokarna Mahabaleshwar Temple case
In 2021, the Supreme Court of India appointed Justice Srikrishna as head of the overseeing committee. The judgement came in response to an appeal filed against a 2018 Karnataka High Court judgment that quashed the state government’s decision of 2008 which transferred the temple management to Ramachandrapura Math.
It all started when the Gokarna Mahabaleshwar Temple was included in the list of notified temples under the Karnataka Hindu Religious Institutions and Charitable Endowments Act, of 1997. In 2008, the then-Karnataka government de-notified the temple name from the list and handed over the administration to the Ramachandrapura temple leading to a public interest litigation.
In 2018, the Karnataka High Court quashed the 2008 order of the Karnataka Government and reinstated the temple as a notified institute. The court also established an oversight committee. The matter was challenged in the Supreme Court of India by the Ramachandrapura Math. In the 2021 Judgement, the Supreme Court of India appointed BN Srikrishna to lead the committee and emphasised the need for an independent administration pending final adjudication.
In January 2024, the Karnataka High Court quashed the attempts made by the Congress-led State Government to alter the composition of the oversight committee by changing the members appointed by the previous BJP-led government. The High Court noted that to make such changes, the Karnataka Government should have sought permission from the Supreme Court and deemed the move an attempt to bypass the Court’s orders.
The matter is scheduled for the next hearing in September 2024.
