The Karnataka legislature has passed the Karnataka Religious and Charitable Endowment Act 1997 (33/2001) and it was notified on 2/11/2001. Though this legislation the Hereditary Archakathvam in Karnataka Temples have been tinkered, since the implementation of this Act will result in the closure of 30.00 small village temples in the Sate of Karnataka, Write Petitions were filed in Kranataka High Court challenging the validity of the Act. On 9th Sep. 2005 the Writ Petitions were dismissed. Against the oer of the Single Judge, Writ Appeals were filed before the Division Bench. The Division Bench of the Karnataka High Court allowed the Writ Appeals and stuck down the entire Legislation on 8th Sep. 2006.

In according with the suggestions made by the High Court, the Government issued a notification constituting a committee on 20th Jan. 2007 consisting of 14 members headed by Sir Justice Rama Jois to suggest suitable amendments to the legislation.

The High level Committee published an Advt. in the News Paper calling for opinions / views, suggestions from the public, Archakas etc. Thus the Govt. of Karnataka took certain positive steps to reform the legislation.

Instead of waiting for the report of the Committee and reform the legislation, the Government ok Karnataka files a SLP before the Supreme Court against the Karnataka High Court judgment. The Government pleaded before the Supreme Court that there is a vacuum in the Karnataka because of invalidation of Act itself. The SLP was admitted by Supreme Court on 2nd April and the Court issued a stay order. Anyhow, through the order of the Supreme Court the Act got a temporary life. The Government should have kept quite with that and should have waited for the out comes of deliberations of the committee. Instead, the Government started implementing the legislation wherein more than 30,000 poor Archakas were to be retired. It is a mystery why the Government took such a decision with disastrous consequences. The Archakas flied an appeal to calcify the order dates 2dn April 2007. The Supreme Court on 12th July 2007 modified the interim order "to the extent that no adverse punitive actions shall be taken with regard to the retirement age of archakas and indoor temple servants till further orders.'

The net result is the Supreme Court had modified the interim order of stay to ensure that archaksa and indoor temple servants were not made to retire on the basis of the Rule 6(2) of the Act. The modified order has for the moment eased the tension ad has enabled the temples to survive.

Not the point to be noted is that a similar legislation was enacted in the State of Andhra Pradesh in the year of 1987 and the Legislation is a total failure which has resulted in the closure of 32,000 Temples. The Government of Andhra Pradesh had realized its blunder and it has introduced an Amendment Bill in the Legislative Assembly on 29th March 2007 and it is before a Select Committee. Through this bill, the Hereditary system of Archakathvam is to he restored back.

The people of Karnataka have to be careful, so that the blunder committed in Andhra Pradesh should not be repeated there. Pending the report of Justice Rama Jois Committee, nothing should be done to implement this Legislation. After the Committee's report is received, the SLP may be withdrawn and suitable amendments to the legislation may be enacted. This step which is of a pragmatic one will result in saving thousands of temples in Karnataka.

Yours Sincerely
Dr.M.V.Soundararajan.