Introduction
- About Tirupati Balaji Temple
The Tirumala Temple, which is also known as Venkatswara Temple of Tirumala, is a Hindu temple dedicated to Lord Vishnu (Venketswara is a form of Lord Vishnu) and is located in Andhra Pradesh. This temple has its own religious and cultural significance. Established around 300 CE, the temple witnesses each year millions of devotees from around the world. The temple is also known for the dedication of devotees, which is also reflected in its assets of around Rs 2.5 lakh crore.
- Laddus prepared at Tirupati Balaji Temple
Another significant feature of the Tirupati Balaji Temple is its Prasadam, or devotional offering, which consists of Laddus. It is said that these laddus have sacred nature. They are also known for their unique taste and religious value. They have also been given a Geographical Indication (GI) tag. The laddus are prepared in a traditional and ritualistic manner where special attention is paid to maintain the quality and purity of the laddus.
- Present controversy relating to Laddus prepared at the temple
The recent news of using adulterated ghee for making Prasadam or these Laddus at Tirupati Balaji Temple has created a huge controversy in India. It was firstly alleged by the former Chief Minister of Andhra Pradesh, Chandrababu Naidu, that the ghee used for making laddoos is adulterated, and on the basis of that, a laboratory test was conducted. And on the basis of that test, it was found that the laddoos were made of pig fats, beef fats, fish oil, and other non-vegetarian ingredients. The temple is run by Tirumala Tirupati Devasthanams (TTD), a Trust of Temple, and this also confirmed the allegation of Chandrababu Naidu.
Since then, an investigation has been conducted to test the veracity of the statement made by Chandrababu Naidu. The Amul, which used to supply the ghee for the temple, has vehemently opposed the allegations.
The present law note aims to present before the readers the petitions as filed before the Supreme Court to look into the matter, the stand of the apex Court in these matters, a brief note on how temples are regulated and governed in India, and various fundamental rights relating to freedom of religion given under the Indian Constitution.
Petition filed at the Supreme Court
Various petitions were filed at the Supreme Court stating and arguing that the Tirupati BalajiLaddu issue has deeply affected our religious feelings. It was asserted that it is a case of violation of our right to freedom of religion as guaranteed under Article 25 of the Constitution of India. Accordingly, a central investigation team or a committee must be established for a fair and impartial investigation in the matter. Such an investigation team must consist of retd. Judges to ensure transparency.
These all petitions were clubbed and answered in a common order named as Dr. Subramaniam Swamy v. State of Andhra Pradesh and Ors. (2024). The State of Andhra Pradesh argued that a special investigation team has already been settled to look into the matter.
The Supreme Court heard the matter from both sides and rightly stated that the feelings of the crores of devotees will not be allowed to be politicized. The politicians must refrain from making religion a vote bank. Lastly, the Supreme Court, considering the interest of crores of devotees, directed that the investigation must be conducted by the Special Investigation Team as constituted by the Andhra Pradesh Government. However, the investigation shall be supervised by the director of the Central Investigation Agency, and it shall also have a member of the Food Standard and Safety Authority of India.
How are temples regulated in India?
Temples, mosques, and churches are managed differently in India. While mosques/masjids and churches are managed by their own boards and institutions, like the Waqf Board in Muslims, temples are being controlled by the government. Temples may have a trust to control the administrative, religious, or other works, but simultaneously, the state government also exercises its control over the temples and obtains a share in the religious offerings. Such share may be used for the upkeep and maintenance of the temple itself or for other charitable activities like establishing schools, hospitals, orphanages, etc.
This power to the government to control the temples flows from Article 25 of the Constitution itself, which clarifies that nothing in Article 25 of the Constitution shall prevent the state from making any or the provisions of any special law to manage the financial, political, or religious activities of religious institutions and throwing open of Hindu religious institutions to all the sections of the society.
Therefore, the state may exercise some form of control over these temples. Laws to regulate the temples fall under the concurrent list (List III) of the seventh schedule, and therefore, both the center and the state may make laws relating to that.
Time and again, various Hindu sections of society have filed petitions in the Supreme Court to liberate the temples from state control; however, the Supreme Court, after citing Article 25 and Article 26 of the Constitution, has dismissed those petitions.
Supreme Court decisions relating to control of temple
In the following instances, the petitions were filed before the Supreme Court to liberate the temples from state control.
In 1954, in the case of the Shirur Mutt Case, the right of the state to regulate and manage the temples was recognized. It was stated that from the very inception of temples in and around the Mayuran period (321–185 BCE), the state has exercised its control over the temples, which now can’t be withdrawn in the light of Article 26 of the Constitution.
In Ratilal P Gandhi v. State of Bombay (1954) and Pannalal Bansilal Pitti v. State of Andhra Pradesh (1996), the Supreme Court clarified that the state government is legally empowered to exercise control over the temples together with the trusts that have been established to manage and administer those temples.
Conclusion
The issue of using adulterated ghee at the prasadam or offerings of the temple definitely betrays not only the religious feelings of the devotees but also the health concerns. An investigation by the independent investigation team was the need of the hour. Matters related to religion should never be allowed to become a political issue in a secular and democratic country like India.
