The Odisha government introduced an ordinance in 2020 which proposes changes to the temple complex. However, the Centre believes several sections violate the Ancient Monuments and Archaeological Sites and Remains Act, 1958
The Lingaraj temple dedicated to Lord Shiva is one of the oldest temples in Bhubaneswar. Image Courtesy: Odisha Tourism
The Odisha government and the Centre are at loggerheads over the Lingaraj temple in Bhubaneswar. The Narendra Modi government has told the state that its ordinance to bring the 11th-century temple and its associated temples under a special law is outside the “legislative competence” of its legislature. It also added that the ordinance could lead to conflict with the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).
What is the ordinance? And why is the Centre opposing it?
The ordinance
The Lingaraj temple dedicated to Lord Shiva is one of the oldest temples in Bhubaneswar. It was constructed by King Jajati Keshari in the 10th Century and completed by King Lalatendu Keshari in the 11th Century.
In 2019, the state government unveiled the Ekamra Kshetra Development project for the Lingaraj temple and its surrounding areas. The plan was launched to preserve the heritage and culture of the “temple city” and develop nine sites at an approximate cost of Rs 700 crore.
The first phase of the project includes the development of the outer access road, parking space, heritage complex, e-auto project, relocation project and a state-of-the-art interpretation centre, reports The Indian Express.
In December 2020, the Naveen Patnaik-led Cabinet approved an ordinance to bring the Lingaraj temple, the largest in Bhubaneswar, and eight other associated temples, under the control of the Lingaraj Temple Managing Committee, similar to the one for Jagannath Temple in Puri.
A special law was enacted in 1955 for the Jagannath temple, the first for a temple in Odisha, which was under British rule for years. The ordinance provides an administrator, quite like the Jagannath temple and servitor system with hereditary rights.
The Lingaraj temple is currently covered under the Odisha Hindu Religious Endowment Act.
Apart from the administrator looking into the everyday workings of the temple, the creation of a fund to deposit income from temple properties and forming the Lingaraj Temple managing committee was proposed.
Odisha Finance Minister Niranjan Pujari had said, “A special law for the management of the Shri Lingaraj Temple will ensure its better functioning, quality facilities to the pilgrims, devotees and worshipers. It will also empower the committee to safeguard the properties of the ancient temple”, reports The Indian Express.
In 2019, the Odisha government unveiled a plan to preserve the heritage and culture of the “temple city”. PTI
The Centre’s opposition
The ordinance was sent to the Centre for vetting and now the Ministry of Home Affairs (MHA) has sought clarifications on certain clauses. It pointed out that the Odisha government has already violated the AMASR Act around Lingaraj temple by building modern structures.
As the ordinance covers 12 centrally protected monuments, including the Lingaraj temple and three ancient tanks, the Centre believes that it is outside the “legislative competence” of the state legislature and could lead to conflict with the AMASR Act, a letter shared with the media on Tuesday read. It has said that an independent act vesting administrative powers to a managing committee, thus facilitating dual administrative authorities, will result in conflict, according to the newspaper report.
The ministry said that clause 15(2) of the Odisha ordinance has a provision for retail shops for the sale of commodities inside or outside of the temples. However, AMASR Act provides that a monument should not be used for any other purposes not consistent with its character.
The objections were to the lease or sale of movable or immovable property, as this might also include archaeological objects or antiques. One of the clauses provides certain powers to the temple committee to undertake repairs for which the Archaeological Survey of India is responsible and hence is contradictory, the MHA said.
According to the ministry, the ordinance’s clause which provides for special darshan on payment of fee violated the existing agreement between ASI and temple management; which stipulates the public “would have free access to the monument”.
The ordinance provides for repairs and construction of new buildings, which goes against the central law which says that such changes can only be permitted by the National Monuments Authority.
“If such repairs are taken up by non-expert agencies, it will be difficult to maintain the centrally protected monuments in their original form. Modern structures within the temple complex impacting the aesthetics of the temple have already been constructed by the temple administration/state government in violation of the AMASR Act,” the ministry said, reports The Hindustan Times.
How has the Odisha government reacted?
Odisha minister Ashok Chandra Panda strongly protested the Centre’s objection. “The Centre can seek clarifications on the ordinance, but cannot stop it. It should clarify whether the ministries used the same yardstick for the development of Kashi Viswanath, Kedarnath and Somnath temples also,” he said.
However, BJP state president Samir Mohanty rejected Panda’s allegation and said that there is a law of the land and it should be implemented in letter and spirit. “The state government should take up all works within the provisions of the Constitution,” he added.
With inputs from agencies
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