SREE
PADMANABHA SWAMY TEMPLE- A NATIONAL ASSET
By Legith T
Kottakkal[1]
PROSPERITY LIES IN
HAPPINESS AND NOT IN GOLD
INTRODUCTION
“MahaVishnu's eternal and supreme abode beyond the material
universe is called Vaikuntha, which is also known as Paramdhama, the realm of eternal
bliss and happiness and the final or highest place for liberated souls who have
attained Moksha.
Vaikuntha is situated beyond the material universe and hence, cannot be
perceived or measured by material science or logic”.
If such being the state and the universe itself belongs to
Mahavishnu then why soo much cry for the Gold in Sree Padmanabha Temple. Prosperity
lies in the happiness. Wealth of Bagvan can be utilized for the well being of
society and it is the Dharma. The wealth is to be utilized wisely not for us
but for next generation to come. This is an attempt to preserve the asset Sree Padmanabha Swamy temple. This article
tries to substantiate the assets of temple belongs to the nationa and not to
the royal family or Hindu Community as claimed by the fundamentalist groups.
The
assets of the Padmanabha Swamy Temple are the assets of the state and not that
of the royal family. The royal family
can have no claim over the assets of the temple. The temple itself is the
manifestation of the public who were once the subjects of the King of
Travancore.The claim of the Royal family over the assets of the temple is to be
discarded. Their claim as the descendents of the Royal Travancore Family who
once ruled the entire Travancore Kingdom over the assets is not sustainable.
The claim of Royal family have no Historical or Legal sanity.
Modus
Operandi of the Article:
The article is divided into 3 Parts.
Part A
deals with the historical and political aspects
with respect to the origin and to the political formation of the
Travancore then to Union of India. The attempt of reminding the history is
necessary to understand and to complete the article in effective mode.
Part B
deals with the analysis of the Historical and Political facts within the
framework of Legal principles and constitution of India. It is an attempt to
project that the royal family have no right over the assets in the temple and to
discard the claim that the asset is that of Hindus only. This part tries to
prove that the assets of the Temple are National Assets.
Part C
deals with the conclusions that can be arrived at upon the discussion in the article.
The article is concluding mainly on 5 points projecting the claim that the
Temple asset is national wealth and the need for the formation of appropriate
laws for controlling the economic and political acivities of the religious
institutions in the state. Like the asset of Sree Padmanabha Swamy temple all
like assets of either claimed by the various religious denominations or by the
Royal families are to be audited and to be annexed to the national wealth. The
mode of utilization of the assets for public good is also considered in the
concluding part.
Part A
HISTORICAL
& POLITICAL FACTS
- The
Origin Of Sree Padmanabha Swamy Temple
2. Thrippadi-Danam
- Accession
To Union Of India.
4. Political
Stand Of Kingdom Of Travancore
5. Declaration Of Independence Of Travancore By Maharajah
6. Rajpramugh.
Part B
HISTORICAL
AND CONSTITUTIONAL ANALYSIS
- Historical
Analysis
1. Temple
Is Not The Asset Of Travancore Royal Family
2. Effect
Of Thripadidhanam.
- Constitutional
And Legal Analysis
- Preamble
Of Constitution Of India 1950
- Article
295 Of Constitution Of India 1950.
- Doctrine
Of Bonavacantia
Part C
CONCLUSIONS
- The
Glory Of Maharaja Of Cochin
- Temple
A National Asset
- Wealth
of All Royal Families in India to Be Audited.
- Wealth
Of All Religious Institutions To Be Audited
- Assets
Must Be Utilized Wisely.
PART
A
HISTORICAL
& POLITICAL FACTS
1. THE ORIGIN OF SREE PADMANABHA SWAMY
TEMPLE
|
Sri
Ananthapadmanabha Swamy Temple at
Ananthapura near Kumbala in
Kasaragod District is the original
source or Moolasthanam (in Malayalam) of Sri Padmanabhaswamy temple at
Thiruvananthapuram(http://ananthapuratemple.com/history)
|
2.
THRIPPADI-DANAM
|
()
|
|
INSTRUMENT OF ACCESSION
565
princely states existed in India during the period of British rule
like Travancore and Cochin. As they were not British Territories, they
could not be partitioned by the British between the new sovereign nations
of India and Pakistan. The Indian Independence Act 1947
provided that the suzerainty of the British Crown over the princely states
would simply be terminated, with effect from 15 August 1947. That would
leave the princely states completely independent, and with such
independence, it would then be a matter for each ruler of a state to decide
whether to accede to India, to accede to Pakistan, or to remain outside
both. The agreement between the ruler and Union of India determining the
rights and liabilities binding them is called Instrument of Accession. Kingdom of Cochin is the first princely state to join
the Indian Union without any demand or bargain
|
3. ACCESSION TO UNION OF INDIA.
The
need for recollecting the history is only to remind the readers regarding the
political stand of the Travancore Princely State headed by Sri Padmanabhadasa
after independence of India in 1947. Here one must bear in mind that the whole
nation called Bharat from Himalayas to Kanyakumari stood as a single unit
beyond any feelings of caste, creed, race, colour, religion, language, culture
etc etc only to oust British from mother land and to create a Swaraj. Swaraj
means absolute freedom and creation of Democratic Republic.
In
1947 the British finalized their plans for quitting India, and the question of
the future of the princely states was to be decided. Here comes the relevance
of Instrument of Accession- a legal document
created in 1947 to enable each of the rulers of the princely states under
British suzerainty to
join one of the new dominions of India or Pakistan created by the Partition of British India.
|
Punnapra-Vayalar
uprising (October,
1946)
The Punnapra-Vayalar uprising (October, 1946) was a communist uprising
in the Princely State of Travancore, British Indiaagainst
the Prime Minister, Sir C. P.
Ramaswami Iyer and
the state. Common men with
slogans such as "chuck
the American model into the Arabian
Sea" fought
against the Prime Minister in Punnapra and Vayalar,
killing 200 people at Punnapra on October 24 and killing more than 150 at
Vayalar on October 27. The total loss of life is estimated to be more than
a thousand.
|
The nationalistic feeling of oneness
as Indian above all other odds of religion, caste, language and race was
prevailed over each nook and corner of India as the most celebrated incident of
Declaration of Independence was just to happen in Red Fort at Delhi on 15th
day of August 1947. On such an auspicious incident about to happen the decision
of Maharajah of Travancore was announced not to join Indian Union or Pakistan
Union, but to stand as an independent State. Remember the British were forced
to quit India after a long agitation and Travancore like all princely states
all through support the British suzerainty rather than Freedom Movement. The concept of Independent State for Kingdom
of Travancore to think of itself is the mercy of freedom fighters. Instead of
acceding to the feelings of large masses the Kingdom of Travancore pointed to the strategic importance to western
countries of its thorium reserves
while asking for recognition as an independent Country[4]. The then Divan Sir C.P
Ramaswamy Iyer advocated American Model of Independence to Kingdom of
Travancore. Then the Kindom of Maharajah witnessed a bloody agitation -- Punnapra-Vayalar uprising.
5.
DECLARATION OF INDEPENDENCE OF TRAVANCORE BY MAHARAJAH
6.
RAJPRAMUGH.
The
King of Travancore was appointed as the Rajpramugh of Travancore-Kochi State. In accordance with constitutional provisions the
Maharajas entered into agreement with
the Governor General of India to provide for the specific privy purse amount,
the right to their personal properties (as distinct from state properties), and
the right to succession in accordance with the practice in their territories.
These agreements were entered into before 26 January 1950 so as to bring them
within the ambit of Art. 363. On 26 January 1950, India became a republic. Thus
Royal family had made a bargaining with the Government of India for getting a
special treatment. The Privy purse amount for King of Travancore is pretty huge
Rs.51 Lakhs[9] per annum from 1950
onwards. In 1950 Rs. 51 Lakhs is a very huge amount and it comes to nearly
Rs.280 crores at present value (when converted to Present Gold values[10])
In 1950 One gram of gold costs Rs.4.995
In 1950 One Sovereigns costs Rs.39.96 (aprox Rs. 40/)-
Annual payment as privy purse is Rs.51 lakhs
If investing in gold a person can purchase 127500 Sovereigns Utilizing the Amount of Privy Purse
If the present value is taken it comes about 284 crores
|
PART B
HISTORICAL AND CONSTITUTIONAL ANALYSIS
- HISTORICAL
ANALYSIS
1.
Temple
is not the Asset of Travancore Royal Family
The
temple existed much prior to the formation of Kingdom of Travancore and only in
later point of time the Kings of Travancore regarded temple as Kuladevatha or
Family temple. The age of the assets is not determined and no one can point out
the origin of the assets and who the actual owner. In the above circumstances
the argument that the assets of the temple belongs to the royal family is to be
discarded.
At
the time of assession all the assets of the king including his state and all
public belongings, the balance in the treasury, taxes, all institutions etc
will endure to the union of India and later to the State Government according
to the subjects enumerated in the 3 Lists in Schedule 7. Thus all assests of
the Travancore formed the part of the Indian Union. Actually the origin of the
treasure is unknown. For the moment it is assumed that the treasure that now
found is accumulated by way of taxes, profits in trade, allowance from the
vassal states, gifts etc. from various quarters from immemorial. If such being
the situation the Royal family who were well aware about the existence of the
valuable assets willfully and deliberately concealed the same from the eye of
law and from the public. The details of the treasure is to be disclosed during
the time of signing the instrument of accession. Instead Royal Family enjoyed a
sum of Rs.51 Lakhs as Privy Purse annually.
The argument of the Royal Family is that the assets belonging
to their family. Lets discuss on this argument. Kings ruled the public. For
governance they need money. The way of accumulation of money is through taxes
and tax money is the public money. It is notorious that how the Kings collected
the taxes. It was not a transparent means. Feudalism was prevailed over, caste
discrimination, land lordism etc. Besides the tax on land and crops, peasants
had to pay taxes for the right to wear jewellery, the right of men to grow a
moustache, and even the right of women to cover their breasts. The heavy taxes
ensured that the lower castes were kept eternally in debt, while members of the
upper castes flourished all the time poor people forced to give all their
assets as taxes to the King. Here the reader must remind the fate of Nangeli a
lady who chopped her breast[11]
for not paying the Mulakkaram (Breast feeding Tax)[12].
At any stretch it can only be assumed that the assets of temple if acquired by
royal family is only by way of taxes or otherwise as ruler of Travancore. The
assets created as a ruler is not personal asset its public asset only.
And after the instrument of accession there is no relevancy
for making such arguments. The people of India stood on same voice and
overthrew the dynasty rule and British from India to form a Democratic
Republic.
2.
Effect
of Thripadidhanam.
Deity
of the temple- Sree Padmanabhi Swamy is the ruler of the Kingdom of Travancore
after performing the Tripadidhanam by Marthanda Varma. As we already seen than
Maharajas Travancore are only acting as trustees of Sree Padmanabha Swamy in
ruling the Kingdom. Means the agrrement entered into by the Kings is as
enterterd by the Deity. It is to assume that by signing the instrument of accession
the Deity himself had offered the asset to mother land.
- CONSTITUTIONAL AND LEGAL ANALYSIS
1. Preamble of
Constitution of India 1950
Preamble
of Constitution of India categorically made clear that India is created by the
WILL OF THE PEOPLE[13].
How far this right is exercised or enjoyed by the People in India is a debatable
one but in this article it is not discussed. By operation of law and in the
eyes of laws any asset of the India is
the asset of People of India.
2.
Article
295 of Constitution of India 1950.
By
the instrument of accession the Rulers gave up all their rights over the
territory. And the territory and all the assets of the King became the property
of the India. Travancore and Cochin state Kingdoms were unified together on
1948 to form United State of Travancore-Cochin(commonly known as ThiruKochi).
After signing the Instrument of Accession and on enactment of the Constitution
of India ThiruKochi was included as part of Territory of India[14].
After the State Reorganisation Act 1956 the Part B States cease into effect[15]. By operation of Article 295 of the
constitution of India clarifies the position and the rights of the property,
rights and obligations of Part B states. The entire Article is repeoduced in
the end notes[16]
relevant part of the Article 295 is narrated as follows,
Article 295 deals that
the property of the Part B state on the following grounds
a. all
property and assets of an Indian State is the property of the Union of India.
b. The
purpose of the assets so vested shall be used for the purpose enumerated in the
List 1 of 7th Schedule Constitution of India.
c. The
rights, liabilities and obligations of the Indian State are that of the Union
of India.
d. Kerala
Government is the successor of the Government of the corresponding Indian
State.
Thus
the property of the Indian state as defined in Article 366 (15)[17]
becomes the property of India and the successor government is the State
Government. Here the power shifts from Travancore to Kerala Government. In such
circumstances the assets of the Travancore is to be administered by the State
Government. Here comes the other question we discussed in historical analysis
that who is the real owner of the assets if the Royal family had not garnered
this wealth. In such case also the Royal Family cannot claim the asset because
they were using the same as it belongs to the Royal Family and Article 295
comes into play to deprive tsuch argument of Royal Family.
In
this Part the application of Article 296[19]
of Constitution of India is discussed. The article 296 deals with the following
aspects.
a. The
assets obtained by the British King or Ruler of Indian State by way of escheat,
lapse or bona vacantia
b. Such
vests in the Union of India.
The
historical analysis had already proved that the Temple is in existence from
time immemorial and the age of asset was not calculated yet. At this point some
Hindu Fundamentalists have raised an argument that the asset is that of Temple
and obviously that can only be of Hindus who are devotees of the Deity. If such
an argument is to sustainable then the claim of Rights of Royal Family is to be
rejected and discarded. That is to say the assets of Temple have only one Owner
it could either be a).Deity or Temple
Management or b). Royal Family.
If
one could say that it belongs to Deity then by Instrument of Accession the
Deity the true Ruler of the Travancore
had given the entire assets to the Union of India(Travancore King is the Trustee as per Thripadidhanam).
In such cases the Article 295 will come into play and ultimately vested in
Union of India. Hence the argument that the asset is as of Deity is of no
relevance and to be discarded. As
already discussed the age of the asset are not calculated till date, and the
argument that the asset was accrued to the ruler of Travancore on lapse of time
from time immemorial is also of no relevance because of the Doctrine of Bona vacantia.
After
such a discussion the argument that the property belongs to Hindus only by
Hindu Fundamentalists and groups supporting them are also of no relevance
especially when the rights of the Royal family on the assets are get defeated.
The assets have no true owner or the owners of the assets are not known. Only
it belongs or found in a temple premises it cannot be said to belong to Hindus
only. Also the Royal family still not able to prove the origin of the asset. If
so they can only make two claims. They are
1. The
assets are the creation of the Kingdom- then it is hit by Article 295
2. The
assets were already be in temple- then it is hit by Article 296
Hence
the argument that it is the asset of the Hindus only is to be discarded and
only intended to be create hatred among the various communities in India. The
asset is that of India. The asset is to be preserved and protect carefully.
More over this asset is to be utilized wisely for the wellbeing of the nation.
PART
C
CONCLUSIONS
1. THE GLORY OF MAHARAJA
OF COCHIN
After
independence the 1st princely state to join Indian Union is Cochin
state. The Maharaja of Cochin demanded a house to reside and an Panjangam free
of cost annually to join Kingdom of Cochin to Indian Union. The Raja of Cochin
sold out 14 out of 15 elephantal ornaments made of pure gold belonging to Sree
Poornathreesha Temple for constructing railway line from Shornoor to Cochin.
This is the right way of setting example to the rulers who is thirst of
accumulation of wealth in pressenti. The act of King of Cochin is the right
answer to the fundamentalists who argue that the assets of Hindus are the only
assets of Hindus or any other religious groups who are fundamental in their
orthodox views and only think of the well being of their religious sect only.
Gold or valauables if kept unused is as like as rock.
2. TEMPLE A NATIONAL ASSET
a.
The discussions would prove that the
Royal Family has no rights over the assets of the temple either on historical
basis or on any legal basis.
b.
The Ruler of the Travancore purposefully
and willfully with an intent to owns the valuable assets concealed the details
of the valuable from the eye of law and not included as the asset of Travancore
while signing the Instrument of Accession.
c.
If the details of the valuables were
disclosed during the time of accession it would have automatically be the part
of the Union of India
d.
By operation of Article 295 and 296 the
assets are the national wealth not the wealth of Hindus only.
3. WEALTH OF ALL ROYAL
FAMILIES IN INDIA TO BE AUDITED.
The
Kings and Empires are the result of the flesh and blood of mass people. They Royals
were not able to garner wealth without the hardwork of public. Hence any wealth
garnered by then during their reign is the public wealth. Hence the wealth of
all royal families are to be audited and the government must show their iron
arms to annex the extra wealth possessed by them to the national treasury.
4. WEALTH OF ALL RELIGIOUS
INSTITUTIONS TO BE AUDITED[20]-
Religion
and God are different. There is only one God and the many religions taught us
to call the same God with different names. There is no connection between
religion and God. It is fool to believe that one is to become Hindu or Muslim
or Christian to attain Moksha or Heaven. One can only attain Moksha or Heaven
only according to his Karma. Hence the religion as not exist is of no divinity
and failed to control the desires of man. Religion supposed to control morality
of man failed to do so. Hence the result is violence, rape, atrocities,
robbery, greedy for wealth, exploitation of mother earth etc. the religious
institutions should not possess more wealth than to maintain temple or church
or mosque. Religion had nothing to with the politics of a nation. Any wealth
surplus for that is of no use because the god lives in Hearts not in
structures. Structures like temple, church and mosque are only a place of
worship. Article 25(2)a. enables the government to do appropriate legislations
regarding the assets and economic activities of religion. Hence the government
must make appropriate laws enabling to audit the asset the wealth of religious
institutions and to annex the surplus assets. The law also must also restrain
the religion from interfering in politics.
5. ASSESTS MUST BE
UTILIZED WISELY.
Understanding
the importance and the sanctity of the wealth of Sree Padmanabha Swamy
Temple the government must utilize the
asset so as to get the blessings of Mahavishnu to all citizens and for
universal brotherhood.
a.
Starting free Cancer Hospitals in every
Districts or specialized hospitials.
b.
Creation of educational educational
institutions for research oriented works in applied physics, chemistry,
biotechnology and to invent medicines and other useful things for the mankind
and o market in low cost or free cost.
c.
invest
in pharmaceutical sectors and to invent and distribute the life saving
medicines in low cost. Etc etc
LET
THE ETERNAL BLISS OF SREE PADMANABHA SWAMY MY ENLIGHTEN THE WISDOM OF EVERY MAN
PROSPERITY LIES IN
HAPPINESS
Indebted
to http://en.wikipedia.org/ for
providing information at finger tips.
[1]
http://www.sreepadmanabhaswamytemple.org/History.htm
[2] Early History of Travancore by
Sankunni Menon
[3] Early History of Travancore by
Sankunni Menon
[4] Spate 1948, PP 15-16; Wainwright pp.
99-104
[5] A. G.
Noorani (2003). "C.P. and independent Travancore". Frontline 20 (13)
[6] K. N.
Panikker (April 20, 2003). "In the Name of Biography".The Hindu.
[7] An
assassination attempt was made on C. P. by a Brahmin youth named K.C.S. Mani who
was an activist of the Socialist group led by
N. Sreekantan Nair on July 25, 1947 during a concert commemorating the
anniversary of Swathi Thirunal at Allappy.
[8] Part B of Schedule 1 of Constitution
of India 1950
[9] Article 238 (10)(ii) of constitution
of India as on 26-01-1950 (later article was amended in the wake of abolition
of
Privy Purse by 26th
Constitutional Amendment 1971)
memory/article5255026.ece
[12] The people of lower caste need to pay
tax to the King for feding their children and to cover breasts.
[13] Preamble of Constitution of India. WE, THE PEOPLE OF INDIA, having solemnly resolved to
constitute India into a SOVEREIGN
SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to secure to all its citizens …..
[14] First Schedule Part B States
Constitution of India 1950 (as on 1950)
[15] The Constitution (Seventh Amendment)
Act, 1956. The parliament deleted Part B of 1st Schedule and amended
the 1st schedule to include only the States )
[16]
295. Succession to property, assets, rights, liabilities and obligations in
other cases.
(1) As from the commencement of this
Constitution—
(a) all property and assets which immediately
before such commencement were vested in any
Indian State corresponding to a State specified in Part B of the First
Schedule shall vest in the Union, if the purposes for which such property and
assets were held immediately before such commencement will thereafter be
purposes of the Union relating to any of the matters enumerated in the Union
List and;
(b)
all rights, liabilities and obligations of the Government of any Indian State
corresponding to a State specified in Part B of the First Schedule, whether
arising out of any contract or otherwise, shall be the rights, liabilities and
obligations of the Government of India, if the purposes for which such rights
were acquired or liabilities or obligations were incurred before such
commencement will thereafter be purposes of the Government of India relating to
any of the matters enumerated in the Union List,
subject
to any agreement entered into in that behalf by the Government of India with
the Government of that State.
(2)
Subject as aforesaid, the Government of each State specified in Part B of the
First Schedule shall, as from the commencement of this Constitution, be the
successor of the Government of the corresponding Indian State as regards all
property and assets and all rights, liabilities and obligations, whether
arising out of any contract or otherwise, other than those referred to in
clause (1).
[17] Article 366 (15) “Indian State” means
any territory which the Government of the Dominion of India recognised
as
such a State;
[19] 296. Subject as hereinafter provided,
any property in the territory of India which, if this Constitution had not
come
into operation, would have accrued to His Majesty or, as the case may be, to
the Ruler of an Indian State byescheat or lapse, or as bona vacantia for want
of a rightful owner, shall, if it is property situate in a State, vest insuch
State, and shall, in any other case, vest in the Union:
Provided
that any property which at the date when it would have so accrued to His
Majesty or to the Rulerof an Indian State was in the possession or under the
control of the Government of India or the Government of a State shall,
according as the purposes for which it was then used or held were purposes of
the Union or of a State, vest in the Union or in that State.
Explanation.—In
this article, the expressions “Ruler” and “Indian State” have the same meanings
as in article 363
